Terms of Use

Last updated: May 23, 2024

  1. Important Notice

    1. You agree to provide Jethosting with true and correct information in order to render services to you and you give Jethosting permission to process your personal information.

    2. You agree that these terms may change and that you will check regularly for these changes.

    3. You agree that failure to settle amounts outstanding on your Jethosting account will result in account suspension.

    4. Acceptance of terms for any given service is not applicable to other services.

    5. You limit Jethosting's liability and indemnify the service for various acts or omissions.

    6. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

    7. All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

  2. Definitions

    1. “Jethosting” means Utopian Ideas (Pty) Ltd or any other entity which Utopian Ideas (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.

    2. “Client” is the party described as such on any application or service executed between it and Jethosting.

    3. “Domain” means an Internet domain name registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.

  3. Client Agreement

    1. The client confirms that all information provided to Jethosting is true and correct. We reserve the right to request further information to validate any given information.

    2. Jethosting reserves the right to request verification of the identity of the primary account holder at any time. Failure to produce such verification may result in account suspension or cancellation of services.

    3. Jethosting' website and provided services have been developed to be used within the bounds of acceptable use. We reserve the right to suspend or terminate any accounts which abuse the platform in any way.

    4. Jethosting reserves the right to define what is considered acceptable use of the platform.

    5. Jethosting reserves the right to suspend or terminate the account of any client found to be using our services to conduct any illegal or offensive practices. This is applicable to all services provided.

  4. Availibility & Provision of Services

    1. Jethosting cannot guarantee provision of requested services upon receipt of the application.

    2. We will not be held liable for any downtime of services resulting from matters outside of its control. We provide a best effort service managed by highly competent technical staff.

    3. Jethosting will not be held liable for downtime encountered as a result of misconfiguration of services (by the client), and/or deletion or corruption of files necessary for correct functioning of these services (by the client).

    4. Jetstream reserves the right to terminate a particular service offering after a 14 day notice period.

  5. Payment

    1. Jethosting will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.

    2. We will not accept any liability or responsibility for any downtime encountered as a result of service suspension/termination due to unpaid accounts.

    3. Jethosting reserves the right to suspend services for which there are outstanding fees past the payment due date for these services.

    4. Accepted payment methods include, PayPal, Credit/Cheque/Debit Card, Bank Transfer (EFT), Instant EFT and other major payment methods.

    5. All credit card payments made through PayFast result in your card details being stored securely on PayFast. Future invoices for services using the PayFast credit card gateway are paid automatically with the stored credit card details. Card details can be removed upon request.

  6. Subscription Terms & Termination

    1. Jethosting operates on yearly subscriptions.

    2. Either the client or Jetstream may terminate the agreement, of a particular Service, by giving a minimum 14 day's notice to the other.

    3. The client is able to terminate services through the Jethosting dashboard. Should the client not want to terminate services via the dashboard, written notice of service cancellation is required to be sent to [email protected]. The client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the client to specifically indicate a required process. Should the client incorrectly complete the cancellation process, Jethosting will not be liable for any additional costs or compensation due to the error.

    4. Jethosting reserves the right to terminate any free services offered after a 30 day notice period.

  7. Client Information & Privacy

    1. Clients signing up for services as a primary contact are considered as “the client” and no other parties will be permitted access or authority to the client account, even if they are a 3rd party recipient or affiliate of the “client”.

    2. Jethosting will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013

  8. Account Security

    1. Jethosting has implemented software, hardware, and physical security measures in line with good industry practice to ensure the protection of your data. We do not warrant that breaches in security will not take place.

    2. Clients should take care to ensure that no malicious software is executed on the Jethosting platform.

    3. We take necessary measures to ensure that disaster recover procedures are followed completely in the unlikely event of a disaster (software or hardware). We provide no guarantee that this recovery will be successful or completed within any given time period.

    4. The client consents to give Jethosting full permission to their account for investigation in the unlikely event of system compromise relating to that account.

  9. Domain Name Registration

    1. Jethosting registers domain names on the Internet through the relevant governing bodies and hosts websites and related material on the Jethosting server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and other domain services offered by Jethosting.

    2. The client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Jethosting may post links to these terms and conditions on the Website purely as a convenience to the client.

    3. We will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, we cannot be held liable for any delays that may accompany the registration of domains. Initial setup fees are non-refundable. Domain name registration fees constitute a once-off payment subject to certain renewal charges.

  10. Domain Name Transfer

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

  11. Limitation on Liability

    1. JETHOSTING WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND JETHOSTING WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF A JETHOSTING EMPLOYEE, VICARIOUS OR STRICT LIABILITY.

    2. In the event that Jethosting is nonetheless held liable, the quantum of Jethosting' 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 Jethosting or any other cause.

    3. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS JEThosting HARMLESS IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST JEThosting ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.

    4. These limitations on liability and indemnities apply to the benefit of Jethosting and Jethosting' affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Jethosting platform.

    5. Nothing contained in this clause will limit the client's liability in respect of charges incurred for ongoing services.

    6. If the consumer protection act 68 of 2008 is applicable to this agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over Jethosting to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause will have full force and effect.

    7. In the case of ambiguity, this clause will take precedence over any expression of the parties' intention, whether express or implied, that may be contained elsewhere in this agreement.

    8. Jethosting 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.

    9. Jethosting reserves the right to disclose pertinent information to registrars for public disclosure as per the terms and conditions of the registrar. Jethosting will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

    10. The client indemnifies Jethosting by warranting that the use or registration of the Domain Name by a client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that client has the right to use the Domain Name as requested.

    11. Jethosting cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, clients acknowledge that Jetstream may be presented with evidence that a Domain Name registered by a client violates the rights of a third party. In such instance Jethosting shall be allowed to provide a complainant with the client's name and address and all further communication will exclude Jethosting and Jethosting 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 Jethosting until a court or other body with jurisdiction directs otherwise.

    12. Jethosting will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the client's selected domain names/s OR ANY ACTION TAKEN BY JEThosting IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

    13. The client hereby indemnifies and holds harmless Jethosting 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 Jetstream has been advised of the possibility of such damages.

    14. Jethosting will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

    15. Neither Jethosting, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Jethosting' 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 service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Jethosting service, unless otherwise expressly stated in this Agreement.

    16. Jethosting expressly limits its liability to the client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Jethosting specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

    17. Jethosting is not responsible if an external company network and firewall is setup to block access to services Jethosting provides. If a client's network is setup to block certain ports or web addresses that compromise the services Jethosting provides, it is the client's responsibility to ensure that their network configurations are changed as necessary.

    18. Clients also hereby indemnify Jethosting against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Jethosting to share or cover such losses or liability, either directly or indirectly. Jethosting is also indemnified from direct claims from clients for losses incurred due to 3rd party actions or claims.

  12. Contact Information

    1. Email: [email protected]