OUR HOSTING TERMS (DETAILED TERMS OF SERVICE)
Last updated: February 2016
Previous versions: August 2011, February 2013, June 2015
Sive.Host is a web hosting and cloud computing service provider that offers a range of hosting, server, email, domain, reseller, colocation, and related services to its customers. We provide these services subject to Our Hosting Terms.
1. Interpretation and Definitions
1.1. Unless the context clearly indicates otherwise, any term defined in the General Terms will, when used in these Detailed Terms, bear the meaning given to it in the General Terms.
1.2. Unless the context clearly indicates otherwise, the following words have the meanings set out below:
| Word | Meaning |
|---|---|
| Administrator and Registry | UniForum SA, being the administrator of the .co.za domain name space. |
| Administrator Policies | The policies published by the Administrator from time to time, including those published at registry.net.za or any successor location. |
| Domain Name | A human-readable internet address associated with a website or online service. Sive.Host provides domain-related services as part of its Domain Services. |
| Domain Services | The services we provide to you in respect of Domain Names, as set out in these Detailed Terms. |
| Email Services |
The services we provide to you in the form of:
|
| Harmful Code |
Any computer code that:
|
| Illegal Content | Content that violates any applicable law. |
| Location | The Sive.Host data centres and infrastructure locations situated in South Africa, other countries in Africa, or any other address or location that we may indicate from time to time. |
| Misrepresentation |
In relation to a Customer, includes:
|
| Registrar | An entity such as Sive.Host accredited by the Administrator to perform domain name related transactions in the .co.za domain name space. |
| Registrant | The person or entity applying to register a Domain Name. |
| Server | The computer hardware, machinery, equipment, or virtual infrastructure on which software operates. |
| Server Hosting | The hosting services we provide to you. |
| Software | The operating system and applications we provide to you. |
| System Abuse |
Any conduct that does or may:
|
2. Undertakings and Acknowledgements
2.1. Although we take appropriate and reasonable measures to ensure that the Services are available, error free, up to date, and reliable, the Services are rendered on an “as is” and “as available” basis and are used at your own discretion and risk.
2.2. We will establish and maintain reasonable security measures to secure the integrity and confidentiality of any personal information that we host or store for you, as contemplated in applicable data protection law.
3. Hosting Terms
General
3.1. We provide Servers, space on shared Servers, hosting of customer-owned Servers, together with website and email facilities for websites controlled by individuals or organisations that do not maintain their own web servers.
3.2. We are only required to provide the Server type and configuration advertised at the time you order the Service. If you are an existing customer and wish to upgrade to a different Server, we may charge an additional setup fee.
3.3. We will take reasonable steps to verify the identity of any representative seeking physical access to your Server at the Location. However, we are not liable for any loss or damage arising from access obtained by an unauthorised person. You must notify us in writing of the persons authorised to access your Server.
3.4. If we find that you have breached these Detailed Terms, we may exercise any rights available to us in law, including suspending or terminating access to any service, with or without notice where permitted.
Content
3.5. We have no knowledge of, nor interest in, customer content hosted by or through Sive.Host on a Server or shared hosting package, and we do not contribute to or approve such content merely by hosting it.
3.6. Nothing we do in performing our obligations under the Service will be regarded as an assumption of responsibility or liability for customer content. In particular, the limitation of liability in the General Terms applies to any loss, destruction, or corruption of your data, irrespective of cause, including negligence, system error, or failure, whether foreseen or unforeseen.
Managed Shared Hosting
3.7. We may make a package available on a Server shared with other customers. The Server remains our property at all times. We will configure the Server according to our standard managed hosting configuration at the Location on your behalf.
3.8. We are not responsible for software that you install or use, including vulnerabilities, abuse, or traffic generated by that software. You use such software at your own risk.
3.9. Where appropriate, we may maintain the software on our managed Servers.
3.10. You are solely responsible for all bandwidth and traffic relating to your hosting package. This includes regularly monitoring usage through the Client Area. You remain liable for all over-usage charges.
3.11. Any traffic monitoring, reporting, or management tools we provide are for convenience only. They do not transfer responsibility to us. Such information is not real-time and may be delayed by up to one day. We are not responsible for traffic spikes, attacks, reporting delays, or losses caused by non-real-time reporting. We are not obliged to provide traffic information beyond what is reported through the Client Area.
3.12. We are not responsible for software licensing unless we expressly provide the relevant licence.
Managed Dedicated Hosting
3.13. We may make a Server available to you for your exclusive use. The Server remains the property of Sive.Host at all times. We will set up and manage the Server at the Location on your behalf.
3.14. All Server log files remain our property. If you request a Server log file, we will provide you with a copy of the relevant log file.
3.15. You must not remove the Server from a Location without our prior written consent.
3.16. We will manage the Server, including the hardware, software, and upgrades, at our discretion, subject to the scope of the service.
3.17. Clause 3.10 also applies to these Services.
3.18. If the Server becomes the source or target of a denial of service attack and we reasonably believe that no other practical solution is available at that time, we may disconnect the Server from the network.
3.19. We are not responsible for software you install or use on the Server, including any vulnerabilities or traffic generated by such software. You use such software at your own risk.
3.20. We are not responsible for any software licensing unless we expressly provide or lease that software.
Managed Hosting (Shared and Dedicated), Service Availability, Service Level Guarantee, and Network Uptime Guarantee
3.21. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that network downtime should not exceed 43 minutes in any month, measured from the first day to the last day of that month.
3.22. Network uptime includes the functioning of network infrastructure under our control, including routers, switches, firewall infrastructure, and cabling.
3.23. Network downtime exists when a customer is unable to transmit and receive data to and from the affected managed service, as measured by our monitoring systems.
3.24. If network uptime is less than 99.9% in a given month, we will credit you 5% of the base monthly fee for every 30 minutes of confirmed downtime, up to a maximum of 100% of the base monthly fee for the affected hosting package or Server.
3.25. No credit is payable:
- where there is degradation of the Service outside our control;
- during scheduled maintenance windows;
- during a force majeure event;
- where a well-formed DDoS attack targets your Server or hosting infrastructure;
- where downtime is due to failure of access circuits to our network;
- where downtime is due to DNS issues outside our direct control or DNS propagation;
- where downtime is due to negligent customer acts or omissions; or
- where outages elsewhere on the Internet hinder access to your hosting services.
3.26. We are also not responsible for browser or DNS caching that makes your website appear inaccessible when it is otherwise reachable. These exclusions do not apply where the problem arises from our Server links to the Internet or our routers.
3.27. If you wish to claim a service credit, you must submit your request to accounts@webuyname.co.za within 48 hours of the downtime. Your request must include the affected domain or Server name in the subject line, your customer number, and the dates and times of the network unavailability. Credits will only be applied once we confirm the downtime according to our monitoring systems. Any approved credit will be applied within two billing cycles. The total credit granted in any month will not exceed the monthly hosting fee for the affected service.
Dedicated Hosting
3.28. We may make a Server available to you, installed with the latest version of an operating system, selected from a list of operating systems we make available. If you elect to have a Microsoft operating system installed that we provide, you are bound by the licensing terms and conditions of the relevant Microsoft software from the time it is installed.
3.29. You are responsible for managing the operating system and all software on the Server. Sive.Host has no obligation to manage any aspect of the Server other than the hardware, unless expressly agreed otherwise in writing.
3.30. The allocated Server remains the sole property of Sive.Host.
3.31. If you request non-standard hardware, we may provide it subject to availability, but the additional cost will be charged directly to you. The hardware remains our property unless expressly agreed otherwise. If you opt for an onsite spare, the spare components will remain your property.
3.32. If your Server becomes the source or target of any denial of service attack, we reserve the right to disconnect it from the network if we reasonably determine that no other practical solution is available at that stage.
3.33. We are not responsible for software you install or use on the Server, including any vulnerabilities or traffic generated by that software. You use such software at your own risk.
3.34. Clause 3.10 also applies to these Services.
3.35. We are not responsible for software licensing unless you are expressly leasing Microsoft software through Sive.Host.
Dedicated Hosting Hardware Guarantee
3.36. We will provide support for the repair or replacement, at no cost to you, of the following hardware components:
- network interface cards;
- patch cables;
- hard drives;
- central processing units (CPUs);
- fans that cause a CPU to fail;
- memory;
- motherboards; and
- power supplies.
If we need to install a new operating system as part of the repair process, we will do so using the latest version of the operating system unless you request otherwise.
Dedicated Hosting Support and Service Level Guarantee
3.37. This guarantee applies only to Dedicated Hosting customers. We will try to respond to and resolve all Dedicated Hosting problems relating specifically to Server hardware within 120 minutes of you reporting the problem to us via WhatsApp or through a technical support ticket in the Client Area.
3.38. If we do not resolve the Dedicated Hosting problem within 120 minutes, or within any extended period we advise you of, we will credit you an amount equal to one month’s base hosting fee. For purposes of this clause, “Resolve” means that the Root Server originally provided by Sive.Host responds to a ping as measured by our network monitoring system. If your Dedicated Hosting Server is not configured to respond to ping requests, you must provide us with another reasonable way of determining that the Server is visible on the network. If you do not do so, we will be relieved of our obligations under this clause.
3.39. You acknowledge that Server restoration from a backup depends on the volume of data to be restored and may result in several hours of downtime. In such circumstances, we are not obliged to grant a credit.
Dedicated Hosting Network Uptime Guarantee
3.40. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that network downtime should not exceed 43 minutes in any month, measured from the first day to the last day of that month.
- Network uptime includes the functioning of network infrastructure including routers, switches, and cabling, but excludes services or software running on your Server.
- Network downtime exists when you are unable to ping the Server and the downtime is measured according to our monitoring system.
3.41. If network uptime is less than 99.9% in a given month, we will credit you 5% of the base monthly fee for every 30 minutes of downtime, up to a maximum of 100% of the monthly fee for the affected hosting package or Server.
3.42. No credit is payable where the Dedicated Hosting Server problem is attributable to:
- scheduled maintenance;
- degradation of the Service outside our control;
- a force majeure event;
- a well-formed DDoS attack against your Server or hosting infrastructure;
- negligent acts or omissions on your part causing the operating system to fail;
- your request that we reinstall an operating system version other than the latest version we provide;
- your unavailability preventing us from contacting you to resolve the problem; or
- your failure to follow the required procedure referred to in clause 3.38.
3.43. If you wish to claim a credit, you must send a request to accounts@webuyname.co.za within 48 hours of the incident being reported. The request must include your customer number, your name as listed on the Sive.Host invoice, the date and approximate time of the problem, and the Dedicated Hosting Server identification codes or Server name. Credits will only be applied once we confirm the downtime according to our monitoring systems, and any approved credit will be applied within two billing cycles. The total credit granted in any month will not exceed the monthly hosting fee for the affected service.
White Label Hosting Services (WLHS)
3.44. We provide White Label Hosting Services in accordance with the proposal you have accepted, together with any written specification agreed between the parties, these Detailed Terms, the General Terms, and the Acceptable Use Policy.
3.45. Where we make Servers available to you for your exclusive use, such Servers remain the property of Sive.Host at all times. You must not remove the Server from a Location. We will set up and manage the Server at the Location on your behalf.
3.46. All Server log files remain our property. If you request a Server log file, we will provide you with a copy of the relevant log file.
3.47. We will manage the Servers, including the hardware, agreed software, and upgrades, at our discretion. WLHS customers will be informed before adjustments or upgrades where reasonably practicable, and a suitable time may be agreed between the parties where appropriate.
3.48. Where we supply and install software, we will do so in accordance with the written specifications agreed between the parties. You must provide all relevant information and cooperation needed for the installation. If extra costs arise in relation to the software which were not contemplated when we contracted with you, those costs will be for your account. If you require our assistance with installation work beyond the agreed scope, we may charge our standard hourly rates.
3.49. Where appropriate, we may, at our discretion, maintain the software on your WLHS Servers.
3.50. You are responsible for all bandwidth and traffic associated with your Server. We may monitor traffic usage and spikes during business hours, but you remain solely responsible for all traffic-related costs. If your Server becomes the source or target of a denial of service attack, we reserve the right to disconnect it from the network if no other practical solution is available.
3.51. We are not responsible for software you install or use, including vulnerabilities or traffic generated by such software. You use such software at your own risk.
Troubleshooting, Ad-Hoc, and Emergency Work
3.52. Troubleshooting requested by you may be charged at our standard hourly rate. If the cause is ultimately found to be due to our gross negligence, those charges may be waived. Our senior management will decide whether gross negligence occurred.
3.53. If you require ad-hoc work outside Business Hours, you must specifically schedule such work with us. We will only attend to emergency work outside Business Hours.
3.54. We may invoice you for time spent troubleshooting issues that are outside our control or that we could not reasonably have been expected to prevent or resolve quickly.
WLHS Service Fees
3.55. We may increase WLHS service fees annually following the anniversary of the date on which we started providing the Services to you. We will give at least 30 days’ written notice of any such increase. If you object to the increase, you may terminate the relationship in accordance with the General Terms.
WLHS Support and Service Level Guarantee (SLA)
3.56. The WLHS Service is accompanied by our 99.9% network uptime guarantee. SLA claims apply only to the standard fixed monthly charges. Ad-hoc time, third-party costs, hardware costs, and traffic over-usage are excluded from SLA claims.
3.57. Service disruptions will be attended to within:
- 120 minutes during Business Hours; and
- 480 minutes outside Business Hours.
Business Hours are Monday to Friday between 09:30 and 15:00, excluding national holidays.
WLHS Hardware Guarantee
3.58. We will try to respond to all WLHS problems specifically relating to Server hardware within 120 minutes of the problem occurring. If we do not resolve the hardware problem within 120 minutes, or within any extended period we advise, we will credit you an amount equal to one month’s base hosting fee.
3.59. You acknowledge that Server restoration from a backup depends on the volume of data to be restored and may result in several hours of downtime. In such circumstances, we are not obliged to grant a credit.
WLHS Network Uptime Guarantee
3.60. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that network downtime should not exceed 43 minutes in any month, measured from the first day to the last day of that month.
- Network uptime includes the functioning of network infrastructure under our control, including routers, switches, firewall infrastructure, and cabling.
- Network downtime exists when a customer is unable to transmit and receive data to and from our managed service, as measured by our WLHS monitoring systems.
3.61. If network uptime is less than 99.9% in a given month, we will credit you 5% of the base monthly fee for every 30 minutes of downtime, up to a maximum of 100% of the monthly fee for the affected hosting service or Server.
3.62. If you have a High Availability solution as part of the WLHS proposal, an additional SLA may be agreed in the proposal signed by you.
3.63. No credit is payable:
- where there is degradation of the Service outside our control;
- during scheduled maintenance windows;
- where a well-formed DDoS attack targets your Server or hosting infrastructure;
- during a force majeure event; or
- where downtime is due to failure of access circuits to our network, DNS issues outside our direct control, DNS propagation, your negligent acts or omissions, or outages elsewhere on the Internet that hinder access to your hosting services.
3.64. We are also not responsible for browser or DNS caching that makes your website appear inaccessible when it is otherwise reachable. These exclusions do not apply where the problem arises from our Server links to the Internet or our routers.
3.65. If you wish to claim a credit, you must submit your request to accounts@webuyname.co.za within 48 hours of the downtime. Your request must include the dates and times of the network unavailability. Credits will only be applied once we confirm the downtime according to our monitoring systems, and any approved credit will be applied within two billing cycles. The total credit granted in any month will not exceed the monthly hosting fee for the affected service.
Colocation Hosting
3.66. The colocation service provides you with rack space, power connection, and data connection only. You must supply your own Server or Servers and peripherals.
3.67. You remain solely responsible for all equipment installed in your rack. We are responsible only for the Location in which the rack is stored and the network connection we provide.
3.68. You are solely responsible for all bandwidth and traffic relating to your colocation service and are liable for all traffic charges. This includes regularly monitoring usage through the Client Area. Only traffic provided by Sive.Host will be visible in the Client Area. Any monitoring tools we provide are for convenience only and are not real-time. We are not responsible for traffic spikes, attacks, or losses arising from reporting delays.
3.69. If your Server or network components become the source or target of a denial of service attack, we may disconnect you from the network if we reasonably determine that no other practical solution is available.
3.70. We have taken reasonable precautions to provide resilient infrastructure at the Location. However, if something nevertheless occurs, we will not be liable for any loss or damage arising from any failure on our part, except to the extent liability cannot lawfully be excluded.
3.71. You must comply at all times with the health and safety procedures applicable to customers entering the Location. We may deny access where we reasonably believe you are not complying with such procedures.
3.72. We may temporarily suspend colocation services in order to repair, maintain, upgrade, modify, replace, or improve those services. We will provide 14 calendar days’ prior notice where reasonably practicable. We will not be liable for resulting loss or damage arising from such suspension.
3.73. We may terminate any colocation service on 30 days’ written notice to you.
3.74. If either party breaches a material obligation under the Agreement and fails to remedy the breach within seven days after written notice, or is placed in provisional or final liquidation, sequestration, judicial management, or compromise with creditors, or fails to satisfy a judgment within 10 days, the other party may cancel the Agreement on written notice. This does not affect either party’s right to claim damages for breach.
3.75. Neither party is liable for indirect, incidental, special, or consequential damages or losses arising from the Agreement, including loss of profit, revenue, anticipated savings, business transactions, goodwill, or other contracts, whether arising from negligence or breach of contract.
3.76. Our total liability to you for direct damages under the colocation service will not exceed three months of your base hosting fee.
Colocation Network Uptime Guarantee
3.77. As a colocation customer, we guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that network downtime should not exceed 43 minutes in any month, measured from the first day to the last day of that month.
- Network uptime includes the functioning of network infrastructure including routers, switches, and cabling, but excludes services or software running on your hardware.
- Network downtime exists when you are unable to ping the Server and the downtime is recorded by our monitoring system.
3.78. If network uptime is less than 99.9% in a given month, we will credit you 5% of the base monthly fee for every 30 minutes of downtime, up to a maximum of 100% of the monthly fee for the affected colocation service.
3.79. No credit is payable where the problem is attributable to:
- scheduled maintenance;
- degradation of the Service outside our control;
- a force majeure event;
- a DDoS attack against your Server or hosting infrastructure;
- negligent acts or omissions on your part; or
- your unavailability preventing us from contacting you to resolve the problem.
3.80. If you wish to claim a credit, you must send a request to accounts@webuyname.co.za within 48 hours of the incident being reported. The request must include your customer number, your name as listed on the Sive.Host invoice, the date and approximate time of the problem, and the colocation identification codes or Server name. Credits will only be applied once we confirm the downtime according to our monitoring systems, and any approved credit will be applied within two billing cycles. The total credit granted in any month will not exceed the monthly hosting fee for the affected service.
Dedicated and Colocation Hosting Fees
3.81. You will pay a base hosting fee for Dedicated Hosting and Colocation Hosting as indicated on the website or in the applicable quotation or order.
3.82. The base hosting fee does not include:
- setup fees;
- fees relating to incremental bandwidth usage;
- electricity fees, where applicable;
- pool fees, where applicable;
- rack unit costs, where applicable;
- small maintenance fees, where applicable;
- fees for extra IP addresses; and
- additional memory or hard drive costs.
Any item not expressly included in the standard rate shown on the website or quotation may attract an additional fee payable by you. Utility price increases may affect electricity-related charges where applicable.
Debt Collection
3.83. If invoices remain unpaid for 20 days, Sive.Host may engage debt collection services and commence legal proceedings for recovery of any unpaid and undisputed amounts. You agree that you remain liable for all associated debt collection charges, commissions, legal fees, and out-of-pocket recovery costs, and that Sive.Host may list a default against you with a credit reporting agency where permitted by law.
4. Email Terms
4.1. We will provide the following email-related services for customers selecting shared hosting or managed dedicated hosting only:
- Filtering of unsolicited commercial email (spam): provided on a best-effort basis, without guarantees, using appropriate technologies such as SpamAssassin or similar tools;
- Virus filtering: provided on a best-effort basis, without guarantees, using appropriate technologies such as ClamAV or similar tools;
- SMTP (Simple Mail Transfer Protocol) for the sending of outgoing mail;
- POP3 (Post Office Protocol) for the downloading of incoming mail; and
- IMAP (Internet Message Access Protocol) for reading and managing mail on the server.
4.2. We will take reasonable measures to make your email environment secure and reliable.
4.3. We will:
- do our best to support setup and configuration; and
- not be responsible for incompatibility between our systems and any third-party application.
5. Domain Name Terms
Domain Registration
5.1. The Administrator runs the registry system used to process .co.za domain name transactions initiated by registrars such as Sive.Host, including registrations, updates, renewals, deletions, queries, and transfers.
5.2. We may be accredited as an independent Registrar to register Domain Names on the Administrator’s registry system. All .co.za Domain Names registered by us on your behalf are subject to the Administrator Policies, which may be amended from time to time.
5.3. We act on your instructions to the extent those instructions are lawful and possible. Domain Name Administrators may cancel, transfer, or suspend a Domain Name registration in certain circumstances, including where required by law, court order, or arbitral ruling.
5.4. We may also use the services of international registrars to register generic top-level domains and non-local country-code domains. Such registrations are subject to the terms of the relevant registrar and registry. We cannot guarantee the successful registration of any Domain Name selected by you.
5.5. The following principles apply to Domain Name registrations:
- Domain Names are made available on a first come, first served basis, and we cannot guarantee availability.
- We do not permit cybersquatting or bad-faith domain registrations intended to profit from another person’s trademark or goodwill.
- A Domain Name is a licence to use a domain while it remains current and properly maintained; it is not ownership in the ordinary property-law sense.
- It is important that the correct person or entity is reflected as the Registrant.
- You, as Registrant or authorised agent, retain control of your Domain Name, and we maintain it as part of the Service.
- We may insert our details as billing and technical contact unless you manage the Domain Name record directly with the relevant registry or registrar.
- Any IP address allocated by us remains our sole property and is licensed to you for use during the term of the agreement only.
- If you are a reseller of Sive.Host, you may not make yourself the Registrant of your customer’s Domain Name. If you do so, we may terminate your reseller status.
- New .co.za registrations may be subject to a seven-day grace period immediately after registration, during which cancellation may occur with limited cost consequences.
- Domain Names are usually registered for one year. Although we will try to assist in preventing lapse, you remain responsible for ensuring that your Domain Name does not lapse. We may automatically renew it unless you expressly instruct us not to do so.
5.6. If you cancel a Domain Name during the grace period, it may be assigned a Pending Release status and will not become available again until the grace period expires. You may be charged a grace-period administration fee. Once the grace period expires, the Domain Name may be released and removed from the registry database, making it available to others. You may not transfer the Domain Name to another Registrar during the grace period. If the Domain Name is reinstated during the grace period, no refund will be processed.
5.7. You must provide all information we reasonably request from you. We are not responsible for delays or failed registrations caused by incomplete or inaccurate information supplied by you.
5.8. The following fees may be incurred by you:
- the annual Administrator fee for the Domain Name;
- our service fee for applying for, maintaining, renewing, or administering the Domain Name on your behalf; and
- all reasonable expenses or charges relating to registration, transfer, or renewal.
These service fees are non-refundable unless we expressly state otherwise.
5.9. You warrant that:
- you are entitled to register and use the Domain Name; or
- you have the Registrant’s consent if you are not the owner; and
- you are not prohibited by law or otherwise from registering the Domain Name; and
- your use of the Domain Name does not violate the intellectual property rights of any person entitled to claim rights in that Domain Name or any essential part of it.
5.10. You indemnify us against any loss or damage we may suffer arising from your registration or use of the Domain Name.
Changes to .co.za Domain Name and Domain Name Information
5.11. Neither we nor the Administrator can amend the actual Domain Name itself. If there is an error in the spelling of a Domain Name, the incorrect Domain Name must be cancelled and a new registration must be created. Unless you request the change within the applicable grace period, a further fee may be payable.
5.12. Either the Registrant or its authorised agent may change .co.za Registrant information such as name, email address, telephone number, or physical address through the Client Area.
5.13. If the Registrant has a Sive.Host profile, the Registrant may make such changes directly.
5.14. If the Registrant appoints an agent with a Sive.Host profile to administer the Domain Name, the Domain Name may be linked to that profile and the agent may make the changes.
5.15. Sive.Host will only act on the instructions of the Profile Owner or any person authorised to act on that profile.
5.16. Following a change, the Domain Name status may change to pending update and remain in that state for five consecutive days, being a system period instituted by the Administrator. On expiry of that period, the Domain Name information will automatically update.
5.17. A Registrant may ask Sive.Host to create a profile and transfer control of the Domain Name to that profile, provided our requirements are met.
Disputes
5.18. If a dispute arises between the Registrant and another person, including an agent, regarding control of a Domain Name or the Sive.Host profile to which the Domain Name is linked, we may prevent either party from accessing or updating the Domain Name through the Client Area until the dispute is resolved or we receive appropriate written instructions from a competent authority or authorised person, including a liquidator, executor, valid corporate resolution, unanimous partner consent, court order, or arbitral order, as applicable.
5.19. In certain circumstances a Domain Name may be locked. A locked Domain Name may generally only be transferred by the Administrator. Locking is usually used where a court or recognised authority is presiding over a dispute concerning the Domain Name. The Domain Name will remain frozen until the dispute is finalised.
5.20. The Registrant indemnifies us against any loss or damage arising from us preventing access to, or updates of, a Domain Name during a dispute.
Domain Name Transfers to Another Registrar
5.21. You may transfer your Domain Name to another Registrar at any time other than during the grace period, subject to the applicable registry process.
5.22. The transfer process is governed by the applicable Administrator Policies.
5.23. Upon application to change Registrar information for a Domain Name through the registry system, the gaining Registrar will commence the Registrar Change Process. The resulting voting and approval rules are governed by the applicable registry process and timelines.
Domain Name Cancellations
5.24. A Domain Name may be cancelled at any time other than during a grace period.
5.25. Initiating a cancellation request may result in the Domain Name being suspended and ultimately deleted from the registry.
5.26. Once initiated, a pending suspension period may apply, after which the status may change to pending deletion. At the end of the deletion period, the Domain Name may be deleted and returned to the pool of available Domain Names. Deleted Domain Names cannot necessarily be reinstated.
5.27. Pending suspension and pending deletion periods are fixed registry or system parameters and cannot be modified by us.
Domain Name Renewals
5.28. We may send a renewal reminder by email before the renewal date of your Domain Name.
5.29. If you do not wish to renew the Domain Name, you must give notice in the way we specify, including where applicable by clicking a link in the renewal reminder email, terminating the domain via the Client Area, or emailing us directly.
5.30. If you do not give the required notice in time, we may automatically renew the Domain Name at our discretion and add the renewal fee to your next invoice.
Payment Default of Domain Services
5.31. If you fail to pay any cost or charge relating to the registration, renewal, update, change, or administration of a Domain Name, we may:
- exercise a lien or right of retention over the Domain Name until the relevant amount is paid;
- obtain or allow the suspension, termination, or deletion of the Domain Name; or
- transfer the Domain Name where permitted by law or registry rules.
Termination of Domain Services
5.32. If the Domain Service is terminated for any reason, we may, without incurring liability, notify the relevant Registrar or Registry and instruct it to remove us or our systems as host of the Domain Name, even if no replacement is immediately available.
5.33. If any Registrar or Registry amends, suspends, or terminates the services upon which we rely to provide Domain Services, we will try to ensure continuity where reasonably possible. If we are unable to do so, we will not be liable to you or any third party for resulting loss or damage.
Domain Name Disputes
5.34. Various alternate dispute resolution mechanisms may apply to Domain Names registered globally, including the Uniform Domain Name Dispute Resolution Policy for certain gTLDs, any applicable alternate dispute resolution regulations in our country, and similar proceedings in other ccTLDs.
5.35. Disputes between you and any third party about the registration or use of a Domain Name may be brought under any available alternate dispute resolution mechanism, before a court, or before an arbitral tribunal of competent jurisdiction.
5.36. We will not participate in a dispute between you and a third party. If you involve us in such a dispute, you indemnify us against any resulting loss, damage, expense, or legal cost, including attorney-and-own-client costs where lawfully recoverable.
5.37. A locked or frozen Domain Name may not be updated, cancelled, reinstated, or released until it is unlocked or the dispute has been finalised.
6. Other Services
6.1. We may offer third-party services from time to time.
6.2. While we make reasonable efforts to select reliable vendors and maintain service relationships, we do not control third-party services and are not responsible for them. You use such third-party services at your own risk.
6.3. We are not liable for any loss or damage arising from your use of third-party services, including interruption or unavailability of such services.
Shelf Websites
6.4. If you purchase a Shelf Website service, you will have 20 consecutive working days from the date of full payment to complete the work. Delivery of the service will terminate when any one of the following occurs first:
- you confirm that you are satisfied with the delivered Shelf Website;
- three revisions of the Shelf Website have been exhausted; or
- 20 consecutive working days have passed from the date of full payment.
Any further work required after the service has terminated or after the 20 working day period has expired will be charged at our then current support and customisation rate. All communication relating to the delivery of the Shelf Website will take place through our Client Area by means of a standard support ticket.
7. Reseller Responsibilities
7.1. Resellers are responsible for supporting their own clients. We do not provide support directly to a reseller’s clients unless you are on our White Label Hosting Services. If a reseller’s client contacts us directly, we reserve the right to place that client’s services on hold until the reseller has resumed its support responsibility. All support requests must be made by the reseller on behalf of its clients for security purposes. We reserve the right to terminate your service with Sive.Host if you fail to provide adequate first-line support to your clients.
7.2. As a reseller, you acknowledge that Sive.Host remains ultimately responsible for provision of the Services. In certain circumstances we may be compelled to deal directly with your client, including where:
- you are unavailable for 96 hours or more and cannot attend to a lawful client request;
- you fail to comply with a lawful client request or fail to implement technical changes necessary for the client to receive the Services;
- you fail to pay amounts owing to Sive.Host; or
- you die, in which event you irrevocably appoint Sive.Host as your attorney and agent to do such things and sign such documents as may be necessary in relation to the Service.
7.3. When you apply for any Service on behalf of your client, you must ensure that your client agrees to Our Hosting Terms, including the Acceptable Use Policy and Privacy Policy.
7.4. You may not publish or distribute advertising material or make public or press statements regarding Sive.Host or our Services without our prior written consent.
7.5. You may not use the name "Sive.Host" or any abbreviation of it without our prior written consent.
7.6. As a reseller you may have access to our Client Area in order to manage service settings, renewals, email settings, domain names, and reporting. You may not customise, re-brand, or modify the Client Area for your own use unless expressly permitted by us in writing. You must only provide access to employees and clients authorised by you. You are responsible for all access to the Client Area by your authorised users and for any action taken by them.
7.7. We reserve the right to take any action we consider necessary at any time to preserve the security and reliable operation of our infrastructure, and you undertake not to do or permit anything that compromises our security.
7.8. You authorise Sive.Host to act on any instruction given by, or purporting to originate from, you or your client, even if it later transpires that fraud occurred, unless we were notified of the fraudulent instruction before acting on it.
7.9. Unless you are on White Label Hosting Services, you are solely responsible for processing all billing for your clients and all debt collection relating to your clients.
7.10. All fees payable by you to Sive.Host must be paid as soon as they become due.
7.11. In the event of a dispute between the parties, you remain obliged to continue paying service fees as and when they fall due under the Agreement.
7.12. You irrevocably indemnify Sive.Host and hold it harmless against all losses suffered or incurred by Sive.Host as a direct or indirect result of your or your client’s use of the Services, or any downtime, outage, interruption, or unavailability of the Services.