Allsorts Hosting Terms and ConditionsEffective Date: June 18, 2024
1. Important Notice
You agree to provide Marcel Jewell trading as Allsorts Hosting with true and correct information to render service to you, and you give us permission to process your personal information. Please be aware that these terms and conditions may change, and it is your responsibility to check for these changes. Failure to settle outstanding amounts on your Allsorts Hosting account may result in account suspension. Acceptance of terms for one service is not applicable to other services. You limit our liability and indemnify us for various acts or omissions.
2. Definitions
“Allsorts Hosting”: Refers to Marcel Jewell trading as Allsorts Hosting, and any entities to which Marcel Jewell trading as Allsorts Hosting assigns, transfers, or delegates any of its rights or obligations.
“Client”: The party described as such on any application or service executed between the Client and Marcel Jewell trading as Allsorts Hosting.
“Domain”: An Internet subdomain registered with an authorized registrar relevant to its top-level domain (“TLD”) and encompassing its constituent domain name server records.
“Supplier”: A provider of goods and/or services to Marcel Jewell trading as Allsorts Hosting.
3. Client Obligations
The client confirms that all information provided to Allsorts Hosting is true and correct. We reserve the right to request additional information to validate the provided data. Verification of the primary account holder’s identity may be requested at any time, and failure to produce such verification may result in account suspension or service cancellation. Our website and services are intended for use within the bounds of acceptable usage, and we reserve the right to suspend or terminate any accounts engaging in abusive behavior on our platform. Allsorts Hosting defines acceptable use and reserves the right to remove any content hosted by clients that we consider illegal, offensive, or contrary to our Acceptable Use Policy (AUP). We also reserve the right to suspend or terminate the account of any client found using our services for illegal or offensive practices across all service offerings.
4. Availability of Services
While we strive to provide requested services promptly, we cannot guarantee their immediate provision upon application receipt. Allsorts Hosting will not be held liable for any service downtime resulting from factors beyond our control. Although we maintain a best effort service managed by highly competent technical staff, we will not be held liable for downtime caused by client misconfigurations or deletion/corruption of necessary files for proper service functioning. We reserve the right to terminate specific service offerings after a 30-day notice period.
5. Payment for Services
Allsorts Hosting will not accept liability or responsibility for delays, suspensions, or impacts to services resulting from the use of non-approved payment methods by clients. We will not be held liable for any downtime caused by service suspension or termination due to unpaid accounts. We reserve the right to suspend services with outstanding fees past the payment due date. Accepted payment methods include Credit/Debit Card, Bank Transfer (EFT), Debit Orders, and ATM cash deposits. All credit card payments made through Stripe result in secure storage of your card details on Stripe. Future invoices for services using the Stripe credit card gateway are paid automatically with the stored credit card details. Card details can be removed upon request.
6. Debit Order Authorization
By accepting these terms, the client authorizes Allsorts Hosting to debit their nominated bank account or Visa/Mastercard for the calculated pro-rata amount upon sign-up and subsequently at the beginning of each month (or in full for non-service products). This debit authorizes Allsorts Hosting’s nominated agent to debit the client’s bank account or Visa/Mastercard on our behalf. The debit authority remains in force until the cancellation of the services or products, subject to honoring cancellation notice periods before the expiration of the debit authority. The client agrees that the authorized party may freely cede, delegate, or assign any of its rights or obligations without the client’s consent, while the client may not cede, delegate, or assign any rights or obligations without the prior written consent of the authorized party.
7. Term and Termination
Allsorts Hosting operates on month-to-month contracts. Either the client or Allsorts Hosting may terminate the agreement for a particular service by giving one calendar month’s notice to the other party. Termination will take effect one month after notice submission. Clients may terminate services through the Allsorts Hosting client area or by providing written notice to info@allsortshosting.com. It is the client’s responsibility to ensure proper completion of the cancellation process. Allsorts Hosting reserves the right to terminate any free services offered after a 30-day notice period.
8. Client Information and Privacy
Clients signing up as primary contacts are considered “the client,” and no other parties will have access or authority to the client account, even if they are third-party recipients or affiliates of the client. Allsorts Hosting complies with privacy best practices and applicable laws, including the Protection of Personal Information Act (POPI) of 2013, regarding the observation of client information privacy.
9. Security
Allsorts Hosting has implemented software, hardware, and physical security measures aligned with industry best practices to protect your data. We do not warrant that breaches in security will not take place. Clients should ensure that no malicious software is executed on the Allsorts Hosting platform. We take necessary measures to follow disaster recovery procedures in the event of a software or hardware disaster, but we provide no guarantee of successful or timely recovery. You consent to giving Allsorts Hosting full permission to investigate your account in the unlikely event of a system compromise.
10. Domain Registration
Allsorts Hosting registers domains on the Internet through the relevant governing bodies and hosts websites and related materials on the Allsorts Hosting server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Allsorts Hosting. Clients will be bound by the terms and conditions of the relevant domain name space (e.g., .com or .co.za) under which any domain name registered on their behalf falls.
Pricing Disclaimer:
Please note that domain pricing is subject to the registrar and may differ from the prices stated in this agreement. Factors such as premium names or other considerations can impact domain pricing.
11. Domain Transfer
Allsorts Hosting facilitates the transfer of existing registered domains from other hosting providers to our DNS and web servers. Upon requesting a transfer and accepting the relevant service terms, the client explicitly agrees to have the authority to do so as the domain registrant or an authorized agent. The client indemnifies Allsorts Hosting from any disputes regarding domain ownership or claims arising from such disputes.
12. Domain Renewal and Grace/Redemption Period Charges
Domain Renewal:
When you register a domain through Allsorts Hosting, you are granted the use of the domain for a specified period, typically one year. To ensure uninterrupted domain service, it is essential to renew your domain before its expiration date.
Grace Period:
Allsorts Hosting offers a grace period as a courtesy to customers, allowing a limited time after the domain’s expiration date to renew the domain without any disruptions in service. The grace period duration may vary and is subject to the policies of the respective domain registries.
Redemption Period:
If the domain is not renewed during the grace period, it will enter the redemption period. During this period, which typically lasts around 30 days after the grace period ends, you can still reclaim your domain. However, a redemption fee will be applicable, in addition to the regular domain renewal charges.
Additional Charges:
The reason for the redemption fee is to cover administrative and technical costs incurred by Allsorts Hosting to recover and process the domain for potential renewal during the redemption period.
Avoiding Additional Charges:
To prevent incurring redemption fees and potential loss of the domain, we strongly advise our customers to keep track of their domain’s expiration date and renew it before the grace period expires. Allsorts Hosting may offer automatic renewal services to streamline this process and reduce the risk of accidental domain expiration.
Domain Availability:
If the domain is not renewed during the grace and redemption periods, it will be released back into the public domain pool. Once this occurs, it becomes available for registration by other parties, and Allsorts Hosting cannot guarantee the availability of the domain for future registration.
Customer Responsibility:
As a valued customer of Allsorts Hosting, you are responsible for timely domain renewals and understanding the implications of not renewing within the grace and redemption periods.
By continuing to use our services and registering domains through Allsorts Hosting, you acknowledge and agree to the terms outlined in this “Domain Renewal and Grace/Redemption Period Charges” section. If you have any questions or concerns about domain renewals or the associated charges, please contact our customer support team for assistance.
13. Cancellation
Cancellation by the client or Allsorts Hosting will result in the permanent removal of any data from our servers. Clients are responsible for ensuring proper backups of web content, email data, and any other stored data on their hosting space. Allsorts Hosting will not be liable for any data loss or obligated to provide such data once the hosting contract term has expired. Any backups made by Allsorts Hosting are for legal purposes and not for data retention, and they may not necessarily be made available to clients upon request.
14. Retention of Rights
Allsorts Hosting does not claim intellectual property rights to clients’ hosted data. However, all equipment remains the property of Allsorts Hosting, and retention of data does not grant ownership of Allsorts Hosting hardware to clients.
15. Limitation of Liability and Indemnity
Allsorts Hosting will not be liable to the client or any third party for any damages, losses, claims, or costs arising from the services provided, including but not limited to direct
16. Backups
Clients are solely responsible for backing up their data, and Allsorts Hosting strongly encourages all hosting clients to do so as frequently and completely as possible. Allsorts Hosting will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
Allsorts Hosting cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the client’s own risk and discretion, whether restored by Allsorts Hosting by instruction from clients or by clients themselves.
Allsorts Hosting will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to clients on request.
17. Email and SPAM
Allsorts Hosting provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus, and consequently, this message might not be delivered to the client. The client acknowledges and agrees that Allsorts Hosting shall have no responsibility for, or liability in respect of, any data lost as a result of this system.
Allsorts Hosting reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
Allsorts Hosting is not responsible for configuring emails on any email clients whatsoever. Allsorts Hosting provides the platform which allows the accessibility of incoming and outgoing mails. Any configuration of email clients is to be managed by the client’s IT administrator.
18. Domain Expiry
For the .uk namespace, the domain expiry procedure is as follows: After a domain (.uk namespace) has expired, the registrant has 90 days to renew the domain at no charge. The first 30 days are known as the expiry grace period. The following 60 days are known as the redemption grace period. The following 5 days are known as the pending delete grace period, at which point the domain can no longer be renewed. Thereafter, the domain can be registered as a new domain. We do not charge any redemption fees, only the normal domain renewal rate.
We will send a renewal reminder 30 days, 14 days, 7 days, and 1 day prior to expiration.
22. Limitation of Liability and Indemnity
Allsorts Hosting will not be liable to the client or any third party in respect of any and all damages, loss, claims, or costs, of whatever nature, including but not limited to direct, indirect, consequential, or special damages, suffered by the client or third party, howsoever arising. Allsorts Hosting will not be liable whether the loss was the result of the act or omission of an Allsorts Hosting employee, vicarious or strict liability.
In the event that Allsorts Hosting is nonetheless held liable, the quantum of Allsorts Hosting’s liability will not exceed the monthly or pro-rata fees due for the service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Allsorts Hosting or any other cause.
Use of the services indicates that the client indemnifies and holds harmless Allsorts Hosting in respect of any damages, loss, or costs or claims instituted against Allsorts Hosting arising from any application or subscription to or use of any service or breach of the terms and conditions applicable to it.
These limitations on liability and indemnities apply to the benefit of Allsorts Hosting and Allsorts Hosting’s affiliates, directors, officers, employees, contractors, agents, and other representatives, as well as any third parties whose networks are connected to the Allsorts Hosting platform.
Nothing contained in this clause will limit the client’s liability in respect of charges incurred for ongoing services.
If the Consumer Protection Act 68 of 2008 is applicable to this agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over Allsorts Hosting to be unfair, unreasonable, or unjust, then that provision (whether it be a word, phrase, or sub-clause) will be severed, and the remainder of this clause will have full force and effect.
In the case of ambiguity, this clause will take precedence over any expression of the parties’ intention, whether express or implied, that may be contained elsewhere in this agreement.
Allsorts Hosting has not and does not conduct pre-registration searches in respect of the client’s use and registration of its selected domain name(s) and is therefore not obliged to either advise the domain name client about possible conflicting third-party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
Allsorts Hosting reserves the right to disclose pertinent information to registrars for public disclosure as per the terms and conditions of the registrar. Allsorts Hosting will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
The client indemnifies Allsorts Hosting by warranting that the use or registration of the domain name by a client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright, or any other intellectual property right, and that client has the right to use the domain name as requested.
Allsorts Hosting cannot act as an arbiter of disputes arising out of the registration and use of domain names. At the same time, clients acknowledge that Allsorts Hosting may be presented with evidence that a domain name registered by a client violates the rights of a third party. In such instance, Allsorts Hosting shall be allowed to provide a complainant with the client’s name and address and all further communication will exclude Allsorts Hosting, and Allsorts Hosting will have no further obligations to the client. In such instance, the client shall be entitled to continue using the domain name registered for the client by Allsorts Hosting until a court or other body with jurisdiction directs otherwise.
Allsorts Hosting will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise, which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the client’s selected domain name(s) or any action taken by Allsorts Hosting in response to the abuse of the domain registration services which it offers.
The client hereby indemnifies and holds harmless Allsorts Hosting against any loss whatsoever arising from any dispute or claim or other action occasioned by the client’s use and registration of its selected domain name, even if Allsorts Hosting has been advised of the possibility of such damages.
Allsorts Hosting will not be liable for any indirect or consequential loss, damage, cost, or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict, or otherwise, including, but not limited to, data loss or corruption, loss of profits, contracts, operation time, and goodwill.
Neither Allsorts Hosting, its employees, affiliates, agents, third-party information providers, merchants, licensors, or the like, warrant that Allsorts Hosting’s hosting service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the hosting service or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through the Allsorts Hosting hosting service, unless otherwise expressly stated in this agreement.
Allsorts Hosting expressly limits its liability to the client for damages suffered due to any non-accessibility time or other downtime to the pro-rata monthly charge during the system unavailability. Allsorts Hosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
Allsorts Hosting is not responsible if an external company network and firewall are set up to block access to services Allsorts Hosting provides. If a client’s network is set up to block certain ports or web addresses that compromise the services Allsorts Hosting provides, it is the client’s responsibility to ensure that their network configurations are changed as necessary.
Clients also hereby indemnify Allsorts Hosting against any third-party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Allsorts Hosting to share or cover such losses or liability, either directly or indirectly. Allsorts Hosting is also indemnified from direct claims from clients for losses incurred due to third-party actions or claims.