Digital Monkey

Terms & Conditions

Please read through our terms and conditions.

General terms and conditions

The use of services from Host Monkey constitutes agreement to these terms.
In this document: Host Monkey refers to Host Monkey (PTY) LTD, trading as Digital Monkey, it's members, employees, suppliers, associates, additional domain names used for business, subsidiaries, sister companies and other business operations.

1) Support

We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support team on support@hostmonkey.co.za or by using the support center http://hostmonkey.co.za/contact.html

We may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime and unplanned downtime is available on our website

2) Service abuse and spam policy

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

This includes, but is not limited to the following:

  • Spamming
  • Sending unsolicited mail.
  • Providing file storage services.
  • Providing email services via your website be it newsletter sending or services like gmail.com and hotmail.com.
  • Scripting that utilises more than 20% of a server or node's memory, storage, processing resource, I/O at any one time.
  • Hosted services that cause the general performance of our servers or nodes to degrade.
  • Offensive conduct / content.
  • Illegal or other unacceptable content as outlined in 17)


  • Host Monkey does not condone spam being sent from our servers - if it is found that a site is sending out spam emails regardless of how it is done (scripts, SMTP, contact form header injection etc) Host Monkey will suspend the customers account until assured it will not continue. We may request that you get your own Ip address for outgoing mail, at a cost of R29 per month , if you or your account spams. This measure is in place to protect the integrity of our shared IPs and the mail of our other customers on the machines. Repeat offenders will be irreversibly terminated.

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

    3) Correspondence

    Customers are required to have a valid email address on file at all times. Details can be updated online at http://my.hostmonkey.co.za/
    All communication from Host Monkey will be done via email. When we send an email, it is deemed that delivery of the said email has reached the recipient.

    If in the the event that your email address on file does not work, you may use our support system at http://hostmonkey.co.za/contact.html Where you can use your billing username and password to gain access to technical support.

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

    4) Reselling of Services

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

    5) Contract Period

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

    6) High resource use policy

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

    Host Monkey may implement the following policy to its sole discretion:

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

    Hosting resource limits per account/domain:

    If your hosting accounts resources have recently upgraded on our product offering page, you must request that your resources match the new offering should they not match.
    Though every effort would be made to adjust old clients packages to match the new resource offerings, this cannot be guaranteed. No claims or refunds will be entertained due to this.

    Shared hosting and Reseller:

    Simultaneous connections via http: 20
    Memory usage: 1024MB
    Disk IO: 2048KB/s
    Disk Inodes (file/folder count): 250000
    CPU Usage: 1 Core (+- 3.2GHz)
    POP3/IMAP Checks per IP per account per minute: 60
    Incorrect logins per IP per service before permanent block: 5
    Emails sent per hour per domain: 250
    Mail storage on account per domain: 2GB
    Lowest acceptable cron job interval limit: 5 min
    Unlimited Huge:

    Simultaneous connections via http: 20
    Memory usage: 1024MB
    Disk IO: 2048KB/s
    Disk Inodes (file/folder count): 250000
    CPU Usage: 1 Core (+- 3.2GHz)
    POP3/IMAP Checks per IP per account per minute: 60
    Incorrect logins per IP per service before permanent block: 5
    Emails sent per hour per domain: 250
    Mail storage on account per domain: 2GB
    Lowest acceptable cron job interval limit: 5 min
    Business Hosting:

    Simultaneous connections via http: 50
    Memory usage: 4096MB
    Disk IO: 8192KB/s
    Disk Inodes (file/folder count): 500000
    CPU Usage: 1 Core (+- 3.2GHz)
    POP3/IMAP Checks per IP per account per minute: 120
    Incorrect logins per IP per service before permanent block: 5
    Emails sent per hour per domain: 2000
    Mail storage on account per domain: Limited to the size of the hosting account.
    Lowest acceptable cron job interval limit: 1 min

    7) Payment policies

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

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

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

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

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

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

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

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

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

    The customer is responsible for all money owed on the account from the time it was established to the time the customer cancels the product from within the billing system.

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

    Cash Deposits at the bank will attract a service fee of R15 charged to the client - billed after the cash is deposited.

    A credit balance on your billing account, will be automatically used to pay for unpaid invoices from oldest to newest. You also have the option of manually assigning credit to invoices within the billing system.

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

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

    Additionally, a fee of R89 will be levied per cPanel restore. Additional item restores will be quoted on before hand. This fee is dependant on the availability of the account backups. We may ask the client to provide a cpanel backup of the account for us to restore, if no backup is available with us.

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

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

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

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

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

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

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

    8) Domains

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

    If a domain is under our administration: we will issue an invoice for the registration and renewal of the domain.

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

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

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

    Domain names that are not renewed due to it's corresponding renewal invoices not being paid by the renewal date, will fall into a redemption period. If the domain is then renewed, while in the redemption period, the following fees will apply. co.za domains will be redeemed at R319. all other domains will be redeemed at the quoted rate which will fluctuate due to the exchange rate. The redemption fee includes the following years registration fee.

    Please take note: Domains may not be renewed on the day of it's invoice being paid - this is due to capturing/admin delays, therefore we send out renewal invoices/reminders 14 days to 2 months before the domain expires or goes into a redemption period., this allows enough time to get the domain renewed.

    Please ensure that you make payment for a domain renewal 7 days before the domain is set to expire or go into redemption. Failing this; your domain may go into redemption. Which will incur additional fees to redeem. Additionally the domain may be deleted and available for others to register.

    *.smartdomain.name registrations (sub domain names) are never owned by the user, it is simply used while available. You are not authorised to use it for commercial purposes. It is intended for short lived websites. You may not lay any claim whatsoever over the use of the domain name. It is owned by Host Monkey (PTY) LTD , and you are a guest, using it. We make no warranty on how long it will last.

    9) Accounts on servers- Housekeeping

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

    10) Payment options

    Host Monkey currently runs the following payment methods.

    Credit / Debit Cards: Host Monkey accepts MasterCard, Visa, Visa electron, Switch/Maestro.
    EFT / Bank Transfers.
    PayPal (Please contact accounts department)

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

    11) Money back - trial period

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

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

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

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

    There will be a once off admin fee of R79 for any refunds of credit on an account due to over payments.

    12 ) Cancellation and refunds

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

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

    Customers may cancel their account at any time provided that their account is fully paid up. Your account balance can be viewed online at http://my.Host Monkey.co.za/

    All account cancellations are processed within 30 minutes from the cancellation request. We do not schedule cancellations so please ensure that requests are sent on the day of intended termination.

    Once an account is cancelled or removed due to nonpayment, all data pertaining to the account will be removed from our servers.

    During the initial trial period customers who wish to cancel will be entitled to a full refund for their hosting fees only, but will not be entitled to a refund for any additional services purchased. Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

    Fees charged on a prepay basis are non-refundable. Once the initial trial period has expired customers are not entitled to receive a refund. In addition some accounts incur set-up fees, these charges are also non-refundable.

    13) Affiliate Conditions

    We will pay commission to an affiliate under the following conditions:

    You have a billing account with us on http://my.hostmonkey.co.za The clients you've brought to us have used your affiliate ID during the signup process or have used the URL with your affiliate ID in it so that it can be tracked by our system. If this is not done you will not get commission for the new client. Your own billing account with us is in good standing and is paid up to date. A new client should have, separate payment details, email address, and billing contact information to yours. This is applicable in situations where you open accounts on behalf of your clients in your name: your clients should open them in their name using their details. Comission is paid per new customer, regardless of the volume of hosting accounts they may have. i.e If your refferal has two (2) hosting accounts under one billing account, you will only be eligible for one (1) commission payment. We reserve the right to refuse commission at any point, at our sole discretion. No correspondence will be entered into.

    Should a new customer reverse their payment via Credit Card after we've paid you commission for the new client - your commission will be reversed as well. This can happen if the new client has used a fraudulent credit card.

    14) Privacy Policy

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

    15) Customer checks, Credit Bureau

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

    16) Arbitration

    If any issue needs to go to arbitration or legal assistance - this must be done within the city of Host Monkey's choice. Arbitration may only be done on an individual bases.

    17) Indemnification

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

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

  • Malware
  • Outdated scripts that have security holes
  • Explicit Adult material - includes all pornography, erotic images, or otherwise lewd or obscene content.
  • Excessive download content or non-linked content.
  • Backups.
  • Spam, Phishing and any such illegal activities.
  • Illegal content - according to South African or USA Federal, State or City law
  • Copyright media which you do not own the copyright to.
  • Account usage for backup purposes
  • Sites with immense graphic archives or galleries.
  • Sites offering immense download archives, such as .zip, .tar, .rar, .GZ and so on.
  • Sites running large chat room gatherings.
  • IRC Scripts and Bots of any kind unless it was explicitly permitted by management
  • Proxy scripts/anonymizers
  • Image hosting similar to Photobucket, Twitpic, Imageshack and others
  • AutoSurf/PTC/PTS/PPC sites
  • IP scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • File Dump/Mirror
  • Escrow, Bank Debentures, Bank Debenture Trading programs and sites
  • Online Gambling Sites
  • High-Yield Interest Programs (HYIP) or related sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
  • Prime Banks Programs
  • Lottery sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content
  • Fraudulent Sites of any kind
  • Bulk mail systems - unless under one of our bulk mailer hosting accounts.
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Refusal of service is entirely at the unfettered discretion of Host Monkey.


  • Customer agrees that it shall defend, indemnify, save and hold Host Monkey harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against any of the afore mentioned, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold to customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Host Monkey against liabilities arising out of; (1) any injury, financial loss, to person or property caused by any products sold or otherwise distributed in connection with Host Monkey; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Host Monkey.


    17b) Backup Policy

    Backups are kept for a period of 7 to 10 days. Once an account is terminated from our system, the backups are removed as well. We do a weekly snap shot of your website database and emails stored on the server. We keep one copy of your hosting accounts backup and do not provide an incremental backup service.

    We advise all clients to make periodic backups (at least once a month or whenever updates are done to the website, database or mails). This can be done by downloading a copy of their website and data (files,DB and stored mail) to their local personal computer/devise. cPanel provides a useful backup section where it will compress your entire site databases and emails kept on the server, into one file for you to download. We advise this because it is very possible that due to system compromise, mistake or "act of god" that all data and backups might be lost and your copy will be the only one available. As unfortunate and unlikely as this would be , it is a possibility.

    18) Disclaimer

    Host Monkey will not be responsible for any damages you or your business may suffer. Host Monkey makes no warranties of any kind, expressed or implied for services we provide. Host Monkey does back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Host Monkey cannot guarantee to be able to replace lost data. Host Monkey disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of any kind due to delays, non deliveries, wrong delivery, and any and all service interruptions. Host Monkey reserves the right to revise its policies and terms and conditions at any time.

    Host Monkey will not be responsible for any incidental, indirect, special, consequential or latent damages or losses arising from your agreement with us. This includes loss of profits, revenue, cost of time/work or labour, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence, carelessness, or breach of contract.

    18.1) Our total liability to you for direct damages will be a maximum amount of: One month of your hosting fee (excluding addon products or domain registrations) or R2500; whichever is less. This clause will apply even if you advised Host Monkey of the possibility of loss of damage prior to its occurrence.

    By signing up for any of our services you agree to be bound by all Host Monkey's terms and conditions.

    Our terms and conditions may be updated from time to time, please be sure to keep updated by referring to this document regularly. Document source: http://www.Host Monkey.co.za/tac.php

    Terms of smartdomain.name and freesite builder use.

    The free smartdomain.name may only be used with our hosting, the sub domain name you choose may only be pointed to an IP of one of our servers, if this is no longer the case it will be removed and made available for re use by others.
    Transferral of the content is prohibited unless the account is a paid for account. The sub domain name is non transferable and should not be considered as a valid regulated domain name. If you wish to have ownership of a domain name you will have to get a recognised one such as .co.za.org.za .com .net .org.biz etc. We can gladly assist in moving the domain content to the new domain for you if you wish.
    The sub domain ownership is solely Host Monkey.co.za's and you may not lay any claim to the domain. It's used at your own risk and is intended to facilitate a short term 'step up' to an internet presence where the hopes are that you will grow and then upgrade to a recognised TLD like co.za or com etc and use the domain for a short period of time 2years.
    Remember its Free! And as such is not guaranteed to last - we reserve the right to withdraw the site builder and close the free sub domains at any point - though it's our hope it'll carry on for ever.
    The software used in the site builder is a 3rd party application and we may not be able to fix all errors you experiance , if any. Though we've done our best to get a good reliable piece of software for you to use.
    In order to maintain your free sitebuilder, you will have to log into your billing platform my.Host Monkey.co.za at least once a year. Failure to do this will result on the site being removed.

    1. DEFINITIONS AND INTERPRETATION
    In these terms and conditions the following definitions apply unless otherwise stated:

    ‘Business Day’ means a day (other than a Saturday, Sunday or public holiday) when banks in South Africa are open for business.
    ‘Contract’ means the contract between the Agency and the Client for the supply of Services governed by these Terms and the Order.
    ‘Agency’ means the business entity which renders web marketing services to the Client.
    ‘Client’ means the individual or business entity who purchases Services from the Company and whose details are set out in the Order.
    ‘Force Majeure Event’ means an event beyond the reasonable control of either party, including but not limited to strikes, lock-outs or other industrial disputes, failure of a utility service or transport network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, accident, devices breaking down, fire, flood, storm or default of suppliers and or subcontractors.
    ‘Intellectual Property Rights’ means all patents, rights to inventions, utility models, copyright and related rights, trade marks, service marks, trade, business and domain names, rights in trade dress or get-up, rights in goodwill or to sue for passing off, unfair competition rights, rights in designs, rights in computer software, database right, topography rights, moral rights, rights in confidential information (including know-how and trade secrets) and any other intellectual property rights, in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights, and all similar or equivalent rights or forms of protection in any part of the world.
    ‘Order’ means the order placed by the Client through counter-signing the Agency’s Briefing/Quotation form.
    ‘Order Form’ means a Quotation form counter-signed by the Client which together with these terms and conditions shall form a binding contract.
    ‘Quotation’ means the written quotation prepared by the Agency which contains its proposals for providing Services to the Clients.
    ‘Services’ means the services the Agency will provide to the Client as specified in the Order.
    ‘Specification’ means the description or specification of the Services in the Order.
    ‘Terms’ means these terms and conditions as updated from time to time by the Agency.
    ‘VAT’ means value added tax chargeable under South African law for the time being and any similar additional tax.
    ‘White Label Work’ means Services provided by the Agency to a Client who rebrands these services as their own for the benefit of their client.

  • Where these Terms use words in their singular form, they shall also be read to include the plural form of the word and vice versa. Where these Conditions use words which denote a particular gender, they shall be also read to include all genders and vice versa.
  • The headings in this document are inserted for convenience only and shall not affect the construction or interpretation of these Terms.
  • A reference to a statute or statutory provision is a reference to such statute or statutory provision as amended or re-enacted. A reference to a statute or statutory provision includes any subordinate legislation made under that statute or statutory provision, as amended or re-enacted.


  • TERMS AND CONDITIONS
  • These Terms shall apply to all agreements concluded between the Agency and the Client to the exclusion of any other terms that the Client seeks to impose or incorporate, or which are implied by trade, custom, practice or course of dealing.
  • These Terms and the Order may only be varied by express written agreement between the Agency and the Client.


  • THE CONTRACT
  • The Order constitutes an offer by the Client to purchase the Services in accordance with these Terms. The Client shall ensure that the terms of the Order and any relevant Specification are complete and accurate.
  • The Order shall only be deemed to be accepted when the Agency issues a written acceptance of the Order, or when the Agency has started to provide the Services having received the Order, whichever happens first, at which point the Contract shall come into existence.
  • The Contract constitutes the entire agreement between the Agency to provide the Services to the Client and for the Client to purchase those Services, in accordance with these Terms.
  • The Client acknowledges that it has not relied on any statement, promise or representation made or given by or on behalf of the Agency which is not set out in the Contract. Any samples, drawings, descriptive matter, or advertising issued by the Agency and any descriptions or illustrations contained in the Agency’s catalogues or brochures are issued or published for the sole purpose of giving an approximate idea of the Services described in them. They shall not form part of the Contract or any other contract between the Agency and the Client for the supply of Services.
  • A Quotation for the supply of Services given by the Agency shall not constitute an offer. A Quotation shall only be valid for a period of 14 Business Days from its date of issue.
  • For any White Label Work the Client understands and agrees that the Agency have no contractual relationship and therefore no liability in respect of the ultimate client with whom the Client agrees to perform the White Label Work for.


  • COMPANY OBLIGATIONS AND WARRANTIES
  • The Agency warrants that it will provide the Services as stipulated in the Order using reasonable care and skill to conform in all material respects with the Specification.
  • The Agency shall use all reasonable endeavours to meet any performance dates specified in the Order but any such dates shall be estimates only and time shall not be of the essence for the provision of the Services. The Agency shall not be liable for any delay in delivery of the Services caused by a Force Majeure event or the Client’s failure to provide the Agency with adequate delivery instructions or any other instructions relevant to the supply of the Services.
  • The Agency shall have the right to make any changes to the Services which are necessary to comply with any applicable law.
  • The Agency shall be entitled to use a Group Company or other subcontractors for the provision of the Services provided always that the suppliers will remain liable to the Client for the performance of the Services as if it had carried them out itself and not the Agency.


  • CLIENT’S OBLIGATIONS AND INDEMNITIES
  • The Client shall provide assistance and technical information to the Agency, as reasonably required by the Agency in sufficient time to facilitate the execution of an Order in accordance with any estimated delivery dates or milestones. The Client shall have sole responsibility for ensuring the accuracy of all information provided to the Agency and warrants and undertakes to the Agency that the Client’s employees assisting in the execution of an Order have the necessary skills and authority.
  • The Client shall be obliged as quickly as possible and within the agreed deadline to comment on and or approve materials provided under the Services, including (without limitation) advertising copy, search terms and graphic material submitted by the Agency. In addition, the Client shall be obliged as quickly as possible and within the agreed deadline to implement changes on websites, in IT systems or where it may otherwise be required by the Agency.
  • The Client shall be obliged to inform the Agency immediately of changes of domain names, websites, technical setup and any other material information regarding the technical infrastructure which may affect the Services delivered by the Agency.
  • In the event that the Client fails to undertake those acts or provide those materials required under this clause 5 within any agreed deadline (and at least within 15 Business Days of the date requested by the Agency) the Agency shall be entitled to invoice for the Services that it has supplied and the remaining Services specified in the Order whether or not the Agency has been able to deliver them.
  • The Client shall indemnify and keep the Agency indemnified fully against all liabilities, costs and expenses whatsoever and howsoever incurred by the Agency in respect of any third parties as a result of the provision of the Services in accordance with the Order, Specification, or the content of the Client’s advertising or web pages which result in claims or proceedings against the Agency for infringement of any Intellectual Property Rights or other proprietary rights of third parties, or for breach of confidentiality or contract or for defamation.
  • The Client undertakes to comply with all applicable rules, regulations, codes of practice and laws relating to its use of the Services, including without limitation its obligations under any act.
  • As standard across the Services and unless otherwise notified, the Client shall be exclusively responsible for implementing the optimisation changes recommended by the Agency. As notified by the Agency, in certain cases for amendments to existing optimisations, the Client shall allow the Agency use of the site’s FTP or content management system’s username and password in order to gain access to add in necessary keyword phrases as well as to include into all marketing platforms.
  • The Agency require that prior notice be given for any alterations relating to the Client’s website(s) that may affect the services supplied by the Agency. If alterations are made by the Client or a third party to the Client’s site(s) search engine placements may be affected and the Agency cannot be held responsible. Adwords campaigns/PPC budgets can be amended as needed at any time on the discretion of the Agency to deliver its Service.
  • The Agency advises that regular, fresh content added to the site will help to improve the stability of rankings within search engines and the Client understands that regular, unique content plays an important part in the success of a website and failure to add unique content will lessen the impact of SEO services.
  • In respect of all White Label Work the Client shall indemnify the Agency against all liabilities, costs, expenses, damages and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal and other professional costs and expenses) suffered or incurred by the Agency arising out of or in connection with the contract between the Client and their client for the White Label Work.


  • PRICES
  • Unless otherwise expressly stated, all prices shall be in South African Rands and shall be inclusive of VAT and other duties. In the event that duties are introduced or changed after the conclusion of an Order, the Agency shall be entitled to adjust the agreed prices accordingly.
  • The Client acknowledges that certain Services may involve the licensing of third party Intellectual Property Rights and that the Client may be required to enter into a licence directly with such third party. Unless otherwise expressly stated, all prices shall be exclusive of costs for the acquisition of Intellectual Property Rights for materials to be included in marketing materials, including if relevant (but without limitation) pictures and licences from third party owners and licensors.
  • The price stated in the Order shall be a an estimate based on a qualified estimate of the number of hours required to provide the Services. This is an estimate only and Services shall be invoiced in accordance with the actual number of hours spent in accordance with the price set out in the Order or Quotation and in the event that the price is not so stipulated, the Client shall be charged at the hourly rate specified in the Agency’s then current price list. the Agency shall be obliged to update the estimate and budgets on an ongoing basis following, among other things, changes made to an Order with agreed customised Client payment terms.
  • Whilst every effort is made to ensure that costing estimates are accurate, the Agency reserves the right to amend any estimate, should an error or omission have been made.


  • PAYMENT
  • The Agency shall invoice the Client monthly and is payable in advance for delivering Services. Before the Agency carry out any work Clients are usually asked to provide a non-refundable fees deposit. This deposit is like a rent deposit. It is kept securely and will be offset against the Client’s last invoice(s) when the work detailed in an Order has been completed. Also, if the Client does not pay a monthly invoice when it is due the Agency shall use the deposit to pay the invoice and will not do any further work until the deposit is replaced.
  • The Client shall pay each invoice submitted by the Agency within 14 Business Days of the date of the invoice and in cleared funds in accordance with clause 7.3 below. The invoice number shall be stated on all payments and payment by Bank or cashTransfer or debit order payments are accepted.
  • The Client shall pay all amounts due under the Contract in full without any deduction or withholding except as required by law and the Client shall not be entitled to assert any credit, set-off or counterclaim against the Agency in order to justify withholding payment of any such amount in whole or in part, the Agency may, without limiting its other rights or remedies, set off any amount owing to it by the Client against any amount payable by the Agency to the Client.
  • In the event of overdue payment, interest shall accrue on the invoice amount at the rate of 2 per cent over the base rate (whichever should be the higher). At the Agency’s discretion, a fee of R120 excluding Vat (to cover administrative expenses and not as a penalty) shall be charged per reminder for overdue payment submitted to the Client. the Agency shall be entitled to submit such reminders on a weekly basis once the fees have become overdue, the Agency expressly reserves all rights at all times to bring any legal action it considers appropriate to recover any unpaid sums.
  • Late payment shall be considered as constituting a material breach of the Contract entitling the Agency (at its discretion) to cancel the Contract or to affirm the Contract and assert the usual remedies for breach.
  • In the event that the Services cannot be delivered either in full or in part due to the Client’s failure to assist or delay in assisting in the execution of the Order, the Agency shall be entitled to charge to the Client an estimated amount, corresponding to the amount that would have been due had the Services been rendered in accordance with the Order. The Agency shall be entitled to payment on the basis of the Agency’s price list applicable from time to time for any additional work required because of the Client’s failure to assist or delay in assisting.
  • If the Client subsequently requires the Agency to complete the work within a shorter time frame than specified in the Order the Agency reserves the right to charge additional monies to prioritise such projects ahead of pre-planned work.


  • DELAYS AND COMPLAINTS
  • In the event that the Client proves that the Services are delayed or not in accordance with the Contract, the Agency shall be obliged to remedy or redeliver, at its own discretion, without undue delay. In the event that the Services continue to be not in accordance with the Contract after reasonable attempts have been made to remedy this, the Client shall be entitled to cancel the Order in accordance with clause 13.2 a), provided that the breach is material.
  • Complaints concerning delays or breach of Contract shall be submitted immediately after the time when the Client became or should have become aware of the matter. If the Client fails to bring the defect (unless by its very nature it is impossible to ascertain within such a period) to the attention of the Agency within 48 hours the Client shall be deemed to have accepted the Services and shall not be entitled to assert remedies based on delays or breach of Contract.
  • The Client hereby acknowledges that certain Services rely upon goods and/or services being provided by third parties (‘Third Party Services’). The Client acknowledges that the Third Party Services will be governed by that third parties’ terms and conditions and that the Agency cannot provide any warranties in respect of the Third Party’s Services and will not be liable to the Client for any delays and/or failings in respect of the same. Providers of Third Party Services may provide their own warranties to the Client and the Client must satisfy itself whether or not such warranties (where given) are acceptable for the Client’s business purposes or risk management policies.
  • the Agency’s only responsibility in respect of the Third Party Services is to take reasonable care and skill when selecting the providers of the same.
  • The Client’s exclusive remedies for late delivery or Services not conforming with the Contract are as specified in this clause 8 and, if the remedies set out in these Terms have been exhausted, the Client’s final remedy is limited to cancellation of the Contract and the Agency’s sole liability is to refund any payments for Services not conforming with the Contract, subject to the limitations set out in clause 9 below.


  • LIABILITY
  • Except as expressly stated in this Clause 9, the Agency shall have no liability to the Client for any loss or damage whatsoever arising from or in connection with the provision of the Services or for any claim made against the Client by any third party.
  • Without prejudice to the generality of Clause 9.1 above, the Company shall have no liability for any losses or damages which may be suffered by the Client whether the same are suffered directly or indirectly or are immediate or consequential which fall into the following categories:
  • Any indirect or consequential loss arising under or in relation to the Contract even though the Company was aware of the circumstances in which such loss could arise;
  • Loss of profits; loss of anticipated savings; loss of business opportunity or goodwill;
  • Loss of data; and Fraudulent clicks on any of the Client’s accounts managed by the Agency.
  • To the extent such liability is not excluded by sub-clauses 9.1, 9.2 and clause 10 below, the Agency’s total liability (whether in contract, tort (including negligence or otherwise)) under or in connection with the Contract or based on any claim for indemnity or contribution (including for damage to tangible property) or otherwise will not in any event exceed the total sum invoiced for the Services.


  • OTHER LIMITATIONS OF LIABILITY The Agency shall not be liable for downtimes, interference in the form of hacking, virus, disruptions, interruptions, faulty third-party software, search engines or websites on which a service is dependent or other deliveries from a third party. The Agency shall use its reasonable efforts to assist in remedial efforts if so requested by the Client. Any work connected with remedial efforts as described above shall be charged to the Client separately in accordance with these Terms or (at the Agency’s discretion) the Agency’s price list applicable from time to time. The Agency shall not be liable for any changes made without notice by the Client or a third party employed by the Client to domain names, websites, links, technical setup etc. and affecting the Services delivered by the Agency. Preceding or subsequent work connected with any adjustments required as a result of such changes shall be charged to the Client in accordance with these Terms or on the basis of the Agency’s price list applicable from time to time at the Agency’s discretion. The Agency shall use all reasonable endeavours to deliver Services relating to search engine optimisation, links, advertisements, social media banners, pay per click and google analytics in accordance with the guidelines applicable to the relevant search engines. However, the Agency shall not be liable for delayed or non-conforming performance due to changes made to standard terms, assessment algorithms, search criteria, viewing policy, prices and campaign offers or other matters beyond the Agency’s control and reserves the right to make changes to Services as a result of the same. In addition, the Agency shall not be liable for other changes or discontinuation of search engines. The Agency shall not be liable for Services relating to search engine optimisation, link building, advertisements, banners or sponsorships leading to a minimum number of views, position or frequency in searches on relevant words or otherwise. In addition, the Agency shall not be liable for ensuring that such Services lead to a certain volume of traffic, number of clicks, registrations, purchases or the like. The Agency shall not be responsible for URLs dropped or excluded by a search engine for any reason. If the Client does not implement some or all of the Agency’s recommendations, the Agency shall not bear any liability for any lack of success experienced by the Client relating to the Services.

    INTELLECTUAL PROPERTY RIGHTS It is the responsibility of the Client to ensure that they have the right to use any Intellectual Property Rights when they provide any text, image or representation (“Materials”) to the Agency for incorporation into the Services and the Client hereby grants or agrees to procure the grant of (as applicable) an irrevocable licence to the Agency to use such Materials for the purposes of providing the Services for the duration of the Contract. The Client shall be responsible for ensuring that the contents of Materials which the Client has contributed or approved are not in contravention of legislation, decency, marketing rules or any other third-party rights. The Agency shall be entitled to reject and delete such material without incurring any liability. In addition, the Agency shall be entitled to cancel the Order. The Client shall indemnify the Agency against all damages, losses and expenses suffered or incurred by the Agency as a result of the Materials which the Client has contributed or approved being in contravention of legislation, decency, marketing rules or any action that any such Materials infringe any Intellectual Property Rights of a third party. The parties shall be obliged to notify the other party without undue delay of any claims raised against a party as described above. Unless expressly stated otherwise in these Terms or in an Order, the Intellectual Property Rights created, developed, subsisting or used in connection with the Services and whether in existence at the date hereof or created in the future shall vest in and be the property of the Agency or the relevant third party from whom the Agency has acquired a right of use with a view to executing the Order. The Client agrees to execute and deliver such documents and perform such acts as may be necessary from time to time to ensure such Intellectual Property Rights vest in the Agency. The Intellectual Property Rights as mentioned in Clause 11.2 shall not be used, assigned, distributed, copied, forwarded to online or offline activities by the Client without a separate, express written agreement. If the Agency makes software, scripts, ASP services etc. available to the Client as part of the execution of an Order, the Client shall only acquire a non-exclusive personal non transferable license to use such material until the Services under this agreement cease. The Client hereby irrevocably licenses the Agency to use and display the Client’s name, figure, logo etc. as a reference on the Agency’s website, other marketing materials or types of media whilst they are a Client of the Agency and for 18 months after the Contract terminates. The Client agrees to send the Agency it’s most recent logo or figure as and when it is amended from time to time.

    CONFIDENTIALITY AND PERSONAL DATA A party (Receiving Party) shall keep in strict confidence all technical or commercial know-how, specifications, inventions, processes or initiatives which are of a confidential nature and have been disclosed to the Receiving Party by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business or its products or its services which the Receiving Party may obtain. The Receiving Party shall restrict disclosure of such confidential information to such of its employees, agents or subcontractors as need to know it for the purpose of discharging the Receiving Party’s obligations under the Contract, and shall ensure that such employees, agents or subcontractors are subject to obligations of confidentiality corresponding to those which bind the Receiving Party. This clause shall survive termination of the Contract. During the term of the Contract and for a period ending 5 years from the date of its conclusion, the Agency shall take the same care as the Agency uses with it own confidential information, to avoid, without the Client’s consent, the disclosure to any third party (except a subcontractor working on the Services who is subject to similar undertakings of confidentiality) of any of the Client’s business or operational information which the Client has designated as confidential. The obligation in Clause 12.2 shall not apply to any information which is or becomes publicly available otherwise than through a breach of this agreement, is already or rightly comes into the Agency’s possession without an accompanying obligation of confidence, is independently developed by the Agency, or which the Agency is required to disclose by law. During the term of the Contract and for a period ending 5 years from termination thereof, the Client will not disclose to any persons within its organisation that do not have a need to know, or to any third party, any information and non Client materials provided by the Company concerning the method or approach the Agency uses in providing the Services. Each party agrees to comply with its respective obligations under the necessary Data Protection Acts The Client shall be obliged to indemnify the Agency for any loss, including costs incidental to legal proceedings, suffered by the Agency as a result of the processing of personal data which the Client has contributed being in contravention of the Data Protection Act or marketing law. The parties shall be obliged to notify the other party without undue delay of any claims raised against a party as described in the present clause.

    TERM, TERMINATION AND ASSIGNMENT The Contract shall renew automatically for a further term of one year at the end of each year unless and until either party notifies the other of its wish to terminate the Contract at the expiry of the current year by giving the other party at least 30 days’ written notice to expire at the end of that Contract term. Without limiting its other rights or remedies, each party may terminate the Contract with immediate effect by giving written notice to the other party if the other party: commits a material breach of the Contract and (if such breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or becomes or is insolvent or is unable to pay its debts (within the meaning of the Insolvency Act) or (except for the purposes of a genuine amalgamation or reconstruction) a petition is presented or meeting convened or resolution passed for winding up the defaulting party or the defaulting party enters into liquidation whether compulsorily or voluntarily or compounds with its creditors generally or has a receiver, administrator, or administrative receiver appointed over all or any part of its assets or the defaulting party ceases to carry on all or a substantial part of its business. The Agency shall, in addition to all other rights and remedies under these Terms be entitled to terminate this Contract without notice in the event that any of its charges for the Services are not paid in accordance with these Terms. Upon termination, for whatever reason, the parties shall be obliged to return all materials received from the other pursuant to the Contract without undue delay. If relevant, the Client shall be obliged to remove codes, etc, from websites without undue delay. If the Client fails to do so, the Agency shall be entitled to invoice the Client in line with its then current terms and conditions for subsequent Services without such invoicing amounting to a waiver of the Agency’s right to terminate the Contract. The Client shall not be permitted to assign or transfer all or any part of its rights or obligations under the Contract and these Terms without the prior written consent of the Agency. The Agency shall be entitled to assign or subcontract any of its rights or obligations under the Contract and these Terms and the Client acknowledges that certain elements of the Services will be provided by third parties.

    FORCE MAJEURE Neither party shall be held liable for a Force Majeure Event. If a party believes that a Force Majeure Event has occurred, such party shall immediately inform the other party of the start and end of the Force Majeure Event. Notwithstanding the other provisions of the present Terms, each party shall be entitled to terminate the Contract without liability to the other by written notice to the other party in the event that the performance of the Contract is impeded for more than 6 months due to a Force Majeure Event.

    MISCELLANEOUS The Agency reserves the right to modify or discontinue, temporarily or permanently, the Services with or without notice to the Client and the Agency shall not be liable to the Client or any third party for any modification to or discontinuance of these Services save for the return of any prepaid sums in connection with the provision of the Services which are subsequently not provided. The Agency shall be free to provide its Services to third parties whether during or following the provision of the Services to the Client. During the term of the Contract and for a period of 12 months thereafter, the Client agrees not to employ or engage or offer to employ or engage anyone designated by the Company to work on the Services. The failure of either party to enforce or to exercise at any time or for any period of time any right pursuant to these Terms does not constitute, and shall not be construed as, a waiver of such terms or rights and shall in no way affect that party’s right later to enforce or to exercise it. If any term of these Terms is found illegal, invalid or unenforceable under any applicable law, such term shall, insofar as it is severable from the remaining Terms, be deemed omitted from these Terms and shall in no way affect the legality, validity or enforceability of the remaining Terms which shall continue in full force and effect and be binding on the parties to the Contract. Any valid alteration to or variation of these Terms must be in writing signed on behalf of each of the parties by duly authorised officers. A person who is not a party to the Contract shall not have any rights under or in connection with it. All notices must be in writing to SCARLETT’S WEB, 25 MULBERRY GARDENS, VAN VUUREN STREET, JOHANNESBURG, 1709 or such address as is advised by the Agency.

    ENTIRE AGREEMENT The parties acknowledge and agree that the Contract supersedes any prior agreement, understanding or arrangement between the parties, whether made orally or in writing and constitute the entire agreement between the Agency and the Client relating to these Services. Therefore, except as expressly provided, all other conditions and warranties (implied, statutory or otherwise) are hereby excluded to the fullest extent permitted by law.

    LAW AND JURISDICTION The Agency and the Client shall be obliged to attempt to settle any disputes arising between them including disputes relating to the existence or validity of the Contract through negotiation provided always that either party shall be entitled at all times to exercise any of its other remedies including through taking legal action.
    The Contract shall be governed by and construed in accordance with South African law and the parties hereby agree to submit to the non-exclusive jurisdiction of the South African courts.

    1. Registrant Education and Domain Name Registrants Rights

    ICANN requires that you as the Reseller of an ICANN accredited Registrar publish a link on your website that allows the Registrant of a domain name the ability to see more information relating to “Registrant Education” and the “Domain Name Registrant Rights”.

    Please copy & paste the text below and publish on your website:

    For more information about Registrant Education, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
    For more information about Domain Name Registrant Rights, please click here: http://www.icann.org/en/resources/registrars/registrant-rights/benefits

    2. Abuse Email Address / Contact Additionally, ICANN requires that all Resellers create and maintain an abuse contact / email address (e.g. abuse@hostmonkey.co.za), this is also a requirement of the ISPA (Internet Service Providers Association) for all its members. The thinking behind this is to be able to receive reports of abuse involving Domain Names resold by the Reseller in terms of this Agreement, including reports of illegal activity like 419 or other scams.
    ICANN requires that you must publish this email address to receive such reports in a prominent place on your website, or in any other standardised place that may be designated by ICANN from time to time. Please note, that you must take reasonable and prompt steps to investigate and respond appropriately to any reports of abuse.

    If you do not have an abuse address, please create this and add it to your website: EG: abuse@hostmonkey.co.za