Terms of Service
These Terms of Service (together with the rest of our Agreement) govern our relationship with you.
They include: the duration of our Agreement; fees to be paid to Enryoc; when Enryoc is authorised to monitor communications and content; the appropriate and reasonable measures Enryoc takes to protect the security of your data and our systems; when Enryoc is authorised to suspend or terminate your services; and the process followed when resolving disputes.
Summary of our Agreement
Commencement: The Agreement will start when Enryoc provides you with a username and password and /or a specified date was agreed upon.
Acceptance of electronic invoicing: By placing an order through our website or through our sales department, you agree to accept electronic invoices from Enryoc for the purpose of claiming input tax.
Changing of service: We may change the features or functionality of any Service over time.
Acceptable Use Policy: You must read and comply with the Acceptable Use Policy that relates to your use of our Services.
Restriction of access to services: If you breach our Agreement, Enryoc may restrict your access to the Services.
Intellectual property rights: You accept that you will get no rights to our intellectual property on our systems.
Your Content: You will retain all your intellectual property rights to any of your content you host with us.
Enryoc’s liability to you is limited. This means that we will not be liable to you for any damages or loss that you may suffer as a result of the fulfilment of the obligations under our Agreement.
Governing law: South African law governs our Agreement.
Addresses for service: We will use the address you give us as the address to serve legal notices and documents to you.
Specific Terms: Our Specific Terms go into more detail and address specific issues around our products and are an extension of our Terms of Service. The Specific Terms will apply if there is any conflict of meaning with these Terms of Service.
Terms of Service
Enryoc is a South African Cloud hosting service provider that provides a range of hosting Services to its Customers. The Services are given subject to our Agreement.
We have given the meanings of some words to be consistent. These words usually begin with a capital letter. Singular words include the plural (and vice versa):
AFSA The Arbitration Foundation of Southern Africa (or any replacement).
Controller The person or organisation who determines the purpose and means of processing data.
Customer Is any person identified on the application form for Services or in any addendum;
Customer Data Any username, password or email address we give the Customer as part of the Services. This excludes Customer Domains we manage as part of the Services;
Data Protection Laws All data protection and privacy laws and regulations applicable to the processing of Personal Data under our Agreement, including: while they remain in force, the European Directive 95/46/EC, the Data Protection Act 1998 the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, the Electronic Communications Data Protection Directive, the Privacy and Electronic Communications (EC Directive) Regulations 2003; from and including 25 May 2018, Regulation (EU) 2016/679 (‘General Data Protection Regulation’ or ’GDPR’); any other applicable laws and regulations relating to the processing of Personal Data and privacy; and if applicable, the guidance and codes of practice issued by any relevant data protection or supervisory authority.
Terms of Service These general terms of service governing us providing Services to you
Any information about an identified or identifiable natural person (‘Data Subject’) which is processed in terms of any applicable Data Protection Law.
Process or processing
Any operation which is performed on Personal Data including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
A processor is a person or organisation who processes personal data on behalf of a Controller.
The terms and conditions which supplement the Terms of Service and govern the use of individual Services.
Any Processor we use to assist us in fulfilling our obligations in providing the Services.
you or your
The Customer, including a legal entity (such as a company), who enters into an Agreement with Enryoc.
3. Our Agreement
Our Agreement governs the contractual relationship between us.
4. Amendment to our Agreement
Enryoc reserves the right to make changes to the Agreement at any time without notice. An updated version of the Agreement will be posted on the website.
It is your responsibility as a diligent user to check any amendment posted on the website.
If you object to any amendment, you may terminate your relationship with us under clause 14.
5. Customer Status
The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
If a person enters into our Agreement: in a representative capacity on behalf of a Customer who is an incorporated entity; on behalf of an unincorporated entity; or
in any other representative capacity recognised in South African law, the person warrants that:- they are legally authorised to do so and indemnifies Enryoc against any loss or damage that we may sustain resulting from the person’s lack of authority; and- all the information supplied to Enryoc at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
We reserve the right to treat all misrepresentations by you or the person representing you as fraud. The person representing you indemnifies us against any loss or damage that we may sustain resulting from the person’s lack of authority.
If we discover that you have fraudulently contracted to receive Services or that your representative has contracted without contractual capacity to do so, we may end our Agreement or Services immediately without any further notice to you and you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the Services or not.
When requested, you must give us sufficient proof of the authority of the person who takes any action or executes documents on your behalf for our Agreement. This includes providing proof that the authorised signatory of your bank account has permission to debit your account.
If there is a dispute between individuals or entities you are involved with (including partners, shareholders, trustees, employees), we may act on the representation of a person claiming to be duly authorised to represent you, without having to independently verify the authority.
You indemnify us from any action or inaction based on the representation in 5.6. If however we ask you to give Enryoc independent verification of the authority of any individual, you must provide it to us in a format we find reasonably acceptable.
6. Commencement and Duration
Your application is an offer by you to accept Services from Enryoc. The terms relating to the acceptance of the offer are as follows:- Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
We will only have accepted your offer once you have received confirmation.
Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
You must contact us if you do not receive Confirmation from us within a reasonable time period.
Confirmation will not mean that a transaction has been concluded. It merely confirms that we have received the application.
You can accept that we have sent confirmation to you as soon as this is reflected in our log files.
We will conclude the agreement in Hazelwood, Pretoria, South Africa.
Duration of the Agreement is based upon Month-to-Month, unless otherwise specified or agreed upon.
7. Service fees
You must pay all service fees, as soon as they become due.
You must pay the service fees, according to the frequency of payment you select, as described on the website.
Where applicable, we will give you a VAT invoice in electronic format. You agree that by submitting an application form to us when making application for Services, that the application is seen as your confirmation to accept electronic invoices for claiming input tax.
If you pay your service fees by debit order, you authorise us to make the necessary transfers from your designated bank account at the beginning of the month as per your preferred frequency of payment for the duration of our Agreement. You must put the debit order in place within seven days of the Commencement Date. A rejected debit order will accrue a handling fee, per rejection.
We reserve the right to amend or vary the service fees and any amendment or variation of the service fees will be seen as an amendment of our Agreement. If we amend the service fees, Enryoc will give you at least 30 days prior notice. If you object to any amended service fees, you may terminate your relationship with us under clause 14.
You will not withhold any payment of any amount you owe us for any reason, (except for an actual breach by Enryoc of our Agreement). In addition, you may not demand any discount, refund (other than under clause 7.8), or reduction in respect of any service fees you owe us.
The service fee includes Value Added Tax. You agree to pay any increase in Value Added Tax.
You may terminate the Service within: seven days after the Commencement Date if you decide not to continue subscribing to the Service; or
within 30 days after the Commencement Date if we fail to meet the service levels for hosting services and email services as specified in the Specific Terms, provided that you exercise your right to end the agreement by giving us notice by email to firstname.lastname@example.org.
If you terminate the Service for one of the above reasons, Enryoc will refund you any service fees. However you are still liable for any third party costs incurred during this period e.g. domain registration costs (please refer to clause 5 of the Specific Terms).
We monitor our hosting facilities, but not your specific activities. Where we have to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“the Monitoring Act”), we will do this according to the requirements of the Monitoring Act.
With specific regard to the monitoring of content that is found on a website that belongs to you and which is hosted by Enryoc, we have no knowledge of, nor interest in, Customer content hosted by us on your behalf using the Services and further we do not in any way contribute to or approve the content.
If however we determine that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the
Acceptable Use Policy, or if we receive a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, we may ask you to remove, amend, or modify the content; terminate access to any Services or suspend or terminate any Services without notice; delete the offending content without notice; notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content; or take any further steps as required or requested by any authorities without notice.
We may disclose any content, material, or data (including any of your data) if:
required by law;
lawfully asked to do so by any authorities, including the South African Police Services pursuant to a subpoena under section 205 of the Criminal Procedure Act 51 of 1977; or according to a judicial, administrative or governmental order. We do not have to give you notice.
You will have no recourse against us if we act under this clause and you accordingly waive your right to make any claim or demand, or to institute any legal proceedings against us.
All Customer Data allocated to you is personal to you and you will be liable for any loss or damage you or third parties have suffered because of your actions or the actions of a person to whom you have disclosed your Customer Data.
You authorise us to act on any instruction given by or purporting to originate from you even if it becomes clear that both parties have been defrauded by someone else, unless you have notified us under clause 9.4 before we acted on a fraudulent instruction.
If any security violations are reasonably believed to have occurred in connection with your account, we will investigate and, if necessary, change the relevant Customer Data, including access codes and passwords, and notify you immediately.
You must tell us immediately if any other person gains access to your Customer Data by following the procedures relating to reporting misuse and give us your full co-operation in any investigation we carry out.
You indemnify us (hold us harmless) against any claim arising from:
your disclosure of your Customer Data to a third person; the use of the Customer Data by a third person; or any resulting action by you or a third party.
We reserve the right to take any action we find necessary to preserve the security and reliable operation of our infrastructure. You may not do anything (or permit anything to be done) that will compromise our security.
We have systems in place to assist our critical technical infrastructure to recover from a natural or human induced disaster. However, we do not specify any recovery time and are not liable for any loss or damage you suffer as a result of a disaster. You must make backups of your data, unless otherwise specified to you. Nothing contained in our Agreement will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery.
We warrant that Enryoc has the facilities, infrastructure, capacity, and capability to provide the Services.
Despite this warranty, the Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such a warranty is specifically required by law.
11. Intellectual Property Rights
You must comply with all laws that apply to any intellectual property.
You must get our prior written approval before using any of our marks.
You grant us non-exclusive licence to use your marks so that we may exercise our rights or fulfil our obligations under our Agreement.
Other than as specifically provided for in our Agreement, we retain all Intellectual Property Rights employed in or otherwise related to our network infrastructure, business and the provision of any of the Services under our Agreement.
12. Customer Indemnities
You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.
You indemnify us and hold us harmless against all losses you have suffered or actions against us as a result of:
the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. This includes software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,
non-performance or unavailability of any of the services given by an electronic communications network or service provider, including, line failure, or in any international services or remote mail Servers, non-performance or unavailability of external communications networks to which you or our network infrastructure is connected, and
repairs, maintenance, upgrades, modifications, alterations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.
If we are sued for something that you have indemnified us for, you will take our place in the lawsuit or be liable to pay us back for any costs, damages and expenses including attorneys’ fees on the attorney and own client scale (you will be liable to pay our attorney’s fees finally awarded against us by a court or agreed to in a written settlement agreement, provided that: we notify you in writing as soon as we become aware of the indemnified claim so you can take steps to contest it; you may assume sole control of the defence of the claim or related settlement negotiations; and
we will give you, at your expense, with the assistance, information, and authority necessary to enable you to perform your obligations under this clause.
You must pay us any amount due under clause 12.3 as soon as we demand payment. If you contest the amount, you must pay the amount into your attorney’s trust or give us security to cover the amount, until we have resolved the dispute.
You indemnify us against any loss or damage that Enryoc may suffer because of your actions.
13. Suspension of the Services
Enryoc may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services. Where circumstances permit, Enryoc will provide prior notice of any service suspension to Customers. However, Enryoc will not be held liable for any resulting loss or damage suffered as a result of the service suspension.
Enryoc may terminate any Services on five days written notice to you.
You may terminate any Services on 30 days written notice to Enryoc in one of these ways:
via the Enryoc control panel, via email to email@example.com from an authorised email address. We will confirm your request for termination via return email.
If you give Enryoc notice of termination in any manner other than as specified above you may find that the notice was invalidly given and will not have any effect.
Breach: If you breach our Agreement, we may, without prejudice to any other rights that Enryoc may have and without notice to you: claim immediate payment of all outstanding charges due to us, terminate or suspend your use of the Services, (which may include the deletion of your data) terminate our relationship with you; or list you with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service.
By agreeing to our Terms of Service, you expressly consent to this.
In all instances, we may retain all Services Fees you have already paid and recover all of our costs associated, including legal costs on an attorney and own client scale (you will be liable to pay our attorneys fees) with your breach.
Return of hardware or software: Where you have in your possession any of Enryoc’s hardware or software as a result of using the Service and the related Service ends, you must immediately return the hardware or software to us.
15. Force Majeure
We will not be responsible for any breach of our Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.
16. Resolving disputes
Any dispute concerning our Agreement (including interpretation and application) exists once a party notifies the other in writing, detailing the nature of the dispute and requesting that it be resolved as per this clause. The parties will first try to resolve the dispute informally by email, phone or other methods.
If informal dispute resolution negotiation fails, we may refer the dispute to conciliation (talks in which an agreed neutral third party tries to help the parties agree on how to end the dispute), failing which we may refer the dispute to arbitration (a hearing after which a neutral third party makes a binding decision about the dispute) (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations and you must participate. You cannot make us arbitrate. The arbitration will be held in Pretoria and conducted in English. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
Either party may only bring a claim against the other in their individual capacity and not as a member of any class.
17. Exclusion and Limitation of Liability
Enryoc will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from our Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
Our total liability to you is for direct damages up to a maximum amount of:
three months of your base hosting fee; or R2,500; whichever is less.
Our liability for direct damages under clause 17.2 will be excluded where we are held liable because of your use of any third party services or products which you accessed together with the Services, but which we did not provide to you.
This clause will apply even if you advised Enryoc of the possibility of loss of damage prior to its occurrence.
You must send all notices to Enryoc, whether for court process, notices or other documents or communications, at Hazelwood Office Park, Second Floor, 14 Oaktree Avenue, Hazelwood, Pretoria, 0081, South Africa
We may give all notices to you by email to the email address you provided to us on the application form when you first subscribed for the Services.
Any notice or communication required or permitted to be given under our Agreement will be valid and effective only if in writing.
All notices you sent to us which are: sent by prepaid registered post will be deemed to have been received 14 days after date of postage,
delivered by hand and delivered during ordinary business hours at the physical address will be deemed to have been received on the day of delivery.
19. Data Processing
Roles of the parties under Data Protection Law
Depending on the particular activity, we act as both a Processor and a Controller.
We act as the Processor and you are the Controller of the Personal Data that we process on your behalf when we provide Services to you in terms of the Agreement. You are solely responsible for determining the purpose for which, and the manner in which Personal Data is processed.
Our obligations as your Processor
We warrant that at all times during the term of our Agreement, we will comply with all applicable requirements of the Data Protection Laws when processing Personal Data. If you become aware of a change in the Data Protection Laws that we may not know about, you must inform us. If you become aware that we are not complying with the Data Protection Laws, then you must give us written notice, and 30 calendar days to comply.
We will not access or use Personal Data, except as necessary to provide the Services to you under our Agreement.
In respect of the Personal Data that we process on your behalf, we will act in accordance with our Agreement, and on your written instructions that we may receive from time to time.
We will not disclose Personal Data to any of our employees, directors, agents, contractors or affiliates, or any third party, except as necessary to:
provide the Services to you, comply with applicable laws, or with your prior written consent
We will implement and maintain appropriate technical and organisational measures: to protect the security and confidentiality of Personal Data that we process in providing the Services;
to protect Personal Data at all times against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure, access, or processing; and as required under the relevant Data Protection Laws.
We will cooperate with you to the extent that is reasonably necessary to enable you to adequately discharge your responsibility as a Controller. We will cooperate and provide you with such reasonable assistance as you require to prepare data protection impact assessments to the extent required by Data Protection Laws.
Where necessary, we will give you reasonable access to audit any relevant records or materials we hold regarding the Personal Data that we process on your behalf that are necessary to demonstrate our compliance with our obligations under this clause.
You can delete or remove any data that has been uploaded to your hosting account at your own discretion.
We will provide training as necessary from time to time to our personnel to ensure that our personnel complies with Data Protection Laws.
Our personnel is bound by confidentiality obligations in respect of access, use or processing of Personal Data.
You consent to us engaging Sub-processors to process Personal Data on your behalf. We will execute a written agreement with each Subprocessor that contains terms for the protection of Personal Data that are no less protective than the terms set out in this clause.
You consent to our Sub-processors transferring Personal Data across borders.
Transfer of Personal Data
We may store Personal Data in data centres located in many countries as part of the Services we provide to you. You consent to us transferring Personal Data across borders.
We will, as soon as reasonably practicable in the circumstances notify you in writing of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. We will provide you with a written notice that may describe:
the number of individuals concerned; and the number of records involved; and the likely consequences of the breach; and any steps taken to mitigate and address the breach; and a point of contact where you can contact us about the breach.
Descriptions in the notice will provide enough detail to allow you to understand the impact of the breach.
If it is not possible for us to provide any of the information required by this clause at the time of the notice, we will provide such information to you as soon as possible thereafter.
Where possible, we will comply with any reasonable instructions provided by you as soon as reasonably practicable, and cooperate with you regarding the data breach.
The parties agree to any reasonable amendment to this clause to bring it into line with any amendment to or re-enactment of any Data Protection Laws or any recommendations of the relevant data protection or supervisory authority.
Entire agreement: The Agreement constitutes the entire agreement between the parties.
No Variation: No changes to our Agreement made by you are effective unless in writing and signed by the authorised signatories of both parties.
Waiver (giving up rights): Any favour we may allow you will not affect (or substitute) any of our rights against you.
Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of our Agreement if it does not change its purpose.
Applicable Law: South African law governs our Agreement.
Survival: Despite termination of our Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the parties, will survive the termination and continue to be of full force and effect.
Specific Terms and Conditions
These Specific Terms include:
Domain Name Terms
Other Service Terms
Reseller Relationship Terms
Enryoc (Pty) Limited (Registration No. 2019/468522/07) (“Enryoc”) is a South African Cloud hosting service provider that gives a range of hosting Services to its Customers. We provide the Services to Customers subject to our Terms of Service.
1. Interpretation and Definitions
1.1. Unless the context clearly indicates to the contrary, any term defined in our Terms of service will, when used in these Specific Terms, bear the same meaning as defined in our Terms of Service.
1.2. Unless the context clearly indicates to the contrary, the following words will have these meanings:
Administrator and Registry ZA Central Registry, the administrator of the .co.za Domain Name space.
Administrator Policies The Administrator policies published by the Administrator from time to time located at www.registry.net.za.
Domain Names An easy to remember name that points directly to your website. Enryoc hosts domain names as part of its Domain Service to customers.
Domain Services The Services we provide to you in respect of the Domain Names as set out in these Special Terms.
Email the Services We provide to you in the form of: An email box on our systems, which includes an email address or aliases to the email address and
best endeavours virus protection and filtering for unsolicited commercial email (SPAM).
Harmful Code Any computer code that:Is designed to disrupt, disable, harm, or otherwise hinder the operation of any software, hardware or network (generally referred to as “viruses”, “Trojan horses” or “worms”).Would disable any software, hardware or network or impair in any way its operation. It does so by running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code).Would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “backdoor” or “trapdoor” codes) or Any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause the software, hardware or networks of any person to stop functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations;
Illegal Content Content in violation of any law.
Location The Enryoc Data Centres situated in Cape Town and Johannesburg as well as in Germany or any other address we indicate to you.
Misrepresentation By a Customer includes: Actions to deceive, mislead, defraud, or otherwise make incorrect representations to any person regarding any fact or circumstance.
Impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose.
Altering the content of communications you received and then forwarding it to others without indicating the nature of the alterations, or
forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including the use of “Socks Proxies”, “EZBounce”, “Vhosts”, “BNC’s” or any other software or hardware methods used to disguise or misrepresent your own IP address.
Registrar An entity such as Enryoc who has been accredited by the Administrator to perform Domain Name related transactions in the .co.za Domain name space.
Registrant The entity applying to register a Domain Name.
Server The computer hardware, machinery, and equipment on which the software operates.
Server Hosting The Services that we provide to you.
Software The operating system and applications we provide to you.
System Abuse Any conduct that does or may: Damage, impair, overburden, or disable, interfere with any other person’s use of, or compromise or tamper with the security of, including spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client” ( for example “bots”, “fserv” or “script”), nuking and nuking tools (for example”7th Sphere”). Interfere with our or any other person’s software, hardware, systems, networks, or the Server.
Beta Services Beta versions or features of our existing or new Services. (Beta Services Terms forms part of our Specific Terms, clause 8)
Trial Period Duration of the Beta Services.
2. Undertakings and Acknowledgements
2.1. We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.
2.2. Although we take appropriate and reasonable measures to ensure that the Services are:
Up to date and Reliable
The Services are rendered “as is” and “as available” and are used at your own discretion and risk.
2.3 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 referred to in section 19 of the Protection of Personal Information Act 2013 (POPI).
3. Hosting terms General
3.1. Enryoc is a member of the Internet Service Providers’ Association (ISPA). We abide by and uphold the ISPA Code of Conduct.
3.2. We provide Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
3.3. We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us. If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.
3.4. We will use all reasonable steps to verify the identity of your representative that wishes to access your Server at the Location. However, we will not be liable for any loss or damage you suffer because of a non-authorised person gaining access to your Server at the Location. You must notify us in writing of your representatives who are entitled to access your Server at the Location.
3.5. If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services (which may include the deletion of your data). Content
3.6. We have no knowledge of, nor interest in Customer content hosted on your behalf by Enryoc on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.
3.7. Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in our Terms of Service will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence, your failure to back it up, us deleting it after the Service is terminated, and any system error or failure whether foreseen or unforeseen.
3.8. We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will setup the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated as per clause 3.10 below, that may result from the use of the software). You use the software at your own risk.
3.9. Where appropriate, we will maintain the software on our managed Servers.
3.10. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through the Enryoc Control Panel. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to make use of any traffic management and reporting tools:
All information will not be real time information and there will always be a one day delay in the furnishing of information and
We will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
We are not required to give you further information on traffic usage other than what is reported through the Enryoc Control Panel.
3.11. We are not responsible for any licensing of any software you use.
Managed Dedicated Hosting
3.12. We will make a Server available to you for your own exclusive use. The Server will at all times remain Enryoc’s property. We will setup and manage the Server at the Location on your behalf.
3.13. All Server log files remain Enryoc’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.
3.14. You must not remove the Server from a Location.
3.15. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.
3.16. Clause 3.10 will also apply to these Services.
3.17. If the Server becomes the target or source of any form of denial of service attack and Enryoc believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.
3.18. Enryoc will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You therefore use the software at your own risk.
3.19. We are not responsible for any licensing of any software you use.
Managed Hosting (Shared, Dedicated, Cloud and VPS)
Service Availability, Service Level Guarantee and Network Uptime Guarantee
3.20. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
3.21. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.
3.22. Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.
3.23. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
3.24. You will not receive any credit:
if there is a degradation of the Service outside our control; during scheduled maintenance windows; on the happening of a force majeure event; should a well formed DDoS attack target your server or hosting infrastructure; where the downtime is due to:
Failure of access circuits to our network, domain Name Server issues outside our direct control, DNS propagation, negligent customer acts or omissions; or outages elsewhere on the Internet that hinder access to your hosting services.
We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.
These exclusions will not apply where the problems arise from Enryoc’s Server links to the Internet or our routers.
3.25. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at firstname.lastname@example.org. The email must include the domain or Server name associated with your hosting service in the “subject” line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles according to our Refund Policy. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
3.26. We will make a Server available to you, installed with the latest version of an operating system, from a list of available options we give you. If you elect to have a Microsoft operating system installed that we provide, you are bound by the licensing terms & conditions of the relevant Microsoft Software with effect from when the Microsoft Software is first installed on the Server.
3.27. You will manage the operating system and all software on the Server. Enryoc will not and has no obligation to get involved in any aspect of managing the Server apart from the hardware, unless otherwise specified.
3.28. The allocated Server remains Enryoc’s sole property.
3.29. If you request any deviation from the standard hardware offering we will give the non-standard hardware, but the cost will be passed directly on to you. The hardware remains our property. If you opt for an on-site spare for the hardware, the spare components will remain your property.
3.30. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.31. We will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You use the software at your own risk.
3.32. Clause 3.10 will also apply to these Services.
3.33. We are not responsible for any licensing of any software you use, other than where you are leasing Microsoft software through Enryoc.
Self-Managed Server Hardware Guarantee
3.34. We will give you the following support. The repair or replacement of:
Network interface cards
Central processing units (CPUs)
Fans that cause a CPU to fail
Power supplies and
(“Self-Managed Server Problems”)
At no cost to you. If we need to install a new operating system, we must do so with the latest version of the operating system, unless you request otherwise
Support and Service Level Guarantee
3.35. This guarantee only applies to Self-Managed Hosting Customers. We will try to respond to and resolve all Self-Managed server Problems that specifically relate to Server hardware within 90 minutes of you reporting the problem to us over the phone.
3.36. If we do not Resolve (as defined below) the Self-Managed server Problem within 90 minutes or the extended period Enryoc may advise, we will give you a credit equal to one month’s worth of the base hosting fee. For purposes of this clause,”Resolving” means that the Root Server originally provided by Enryoc responds to a ping as measured by our network monitoring system. If your Self-Managed Server has not been configured to respond to ping requests, you must provide us with another way of determining that the Server is visible on the network. If you do not do this we will be relieved of our obligations under this clause.
3.37. You must also understand that Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
Network Uptime Guarantee
3.38. We guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.
Network uptime includes functioning of all 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 it is measured according to our monitoring system.
3.39. If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
3.40. You will not receive the credit if the Self-Managed Server problem is attributable to:
A 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 that results in the operating system failing.
You requesting us to reinstall a version of the operating system software other than the latest version of the operating system software.
You being unavailable which results in us being unable to establish contact with you to resolve the problem or
You failing to follow the prescribed procedure timorously or at all, as indicated in 3.36.
3.41. If you wish to exercise your right, you must request it by sending an email to us at billing@Enryoc.com. The request must be received by Enryoc within 48 hours of the incident being reported and must include your customer number, your name as listed on the Enryoc invoice, the date and approximate time of the problem and the Server identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request, according to our Refund Policy. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Cloud Hosting Solutions (CHS) (Cloud and VPS Hosting Solutions)
3.42. We provide the CHS Service to you according to the proposal you have accepted, together with any written specification that has been agreed to between the parties and our Agreement.
3.43. When we make Servers available to you for your own exclusive use, the Servers will at all times remain Enryoc’s property. You must not remove the Server from a Location. CHS will setup and manage the Server at the Location on your behalf.
3.44. All Server log files remain our property. If you requests us to give you a Server log file, a copy of the relevant log file will be given to you.
3.45. We will manage the Servers, including the hardware, agreed Software, and upgrades at our sole discretion. CHS Customers will be informed before any adjustments or upgrades and a suitable time will be agreed upon between parties.
3.46. Where we supply and install the Software, we will do so according to the written specifications agreed to between both Parties. For that purpose, you must give us all the relevant information and co-operation needed to enable us to do the installation. If there are any extra costs involved with the Software, which were not present before we contracted with you, these will be for your account. If you need CHS assistance for the installation of the Software, you will be charged according to our standard hourly rates.
3.47. Where appropriate, we will in our sole discretion, maintain the Software on your CHS Servers.
3.48. You are responsible for all bandwidth and traffic associated with your Server. We will monitor your traffic usage and any spikes that may occur during business hours. However you remain solely responsible for all traffic associated costs. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.49. We will not be responsible for your use of any Software that you may install (and any vulnerabilities including traffic generated as per clause 3.48 that may result from the use of the Software). You use the software at your own risk.
Troubleshooting, ad-hoc (intermittent) and emergency work
3.50. Any troubleshooting you request will be charged at our standard hourly rate. If the cause turns out to be due to the gross negligence on our part, these charges will be waived. Our senior management will decide whether or not an act of gross negligence has been committed.
3.51. If you require any ad-hoc (on request) work to be done outside Business hours (as defined in clause 3.57), you must specifically schedule this with us. We will only attend to emergency work outside of Business hours.
3.52. We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.
CHS service fees
3.53. We have the right to increase the CHS service fees annually following the anniversary of the date we started providing our Services to you (“the Anniversary Date”). We will give you written details of any such increase at least 30 days prior to each Anniversary Date and any amendment or variation of the service fees will be seen as an amendment of Terms of Service. If you object to the increase in the service fees, you can terminate your relationship with us under clause 14 of our Terms of Service.
CHS Support and Service Level Guarantee (SLA)
3.54. The CHS Service is accompanied by our 99.9% network uptime guarantee. SLA claims, as defined in our Terms of Service, are only applicable to the standard, fixed monthly charges. Any ad-hoc time and third party costs (for example hardware, traffic over-usage) are exempt from any form of SLA claim.
3.55. Service disruptions will be attended to within:
15 minutes during business hours; and
60 minutes out of business hours.
(Business hours are Monday to Friday between 08:00 and 17:00, excluding public holidays.)
CHS Hardware Guarantee
3.56. We will try to respond to all CHS problems that specifically relate to Server hardware within 90 minutes of the problem occurring. If we do not resolve the Server problem within 90 minutes or the extended period as we may advise, we will give you a credit equal to one month’s worth of the base hosting fee.
3.57. You must also understand that the Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
Network Uptime Guarantee
3.58. We guarantee that our network will be available 99.9% of the time in any month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
Network uptime includes functioning of all network infrastructures, including routers, switches, firewall, and cabling.
Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our CHS monitoring system.
3.59. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service or Server).
3.60. If you, as a CHS Customer have a High Availability solution as part of the CHS proposal agreement, an additional SLA will be agreed upon in the proposal, signed by you. 3.61. You will not receive any credit:
If there is a degradation of the Service outside our control.
During scheduled maintenance windows.
Should a well formed DDoS attack target your server or hosting infrastructure.
On the happening of a force majeure event or
Where the downtime is due to failure of access circuits to the our network, Domain Name Server 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.
3.62. We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it. These exclusions will not apply where the problems arise from our Server links to the Internet or our routers.
3.63. If you wish to exercise your right, you must request it by sending an email to us at email@example.com. Each request must include the dates and times of the network unavailability. The request must be received within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will do so within two billing cycles after our receipt of the requests, in accordance with our Refund Policy. Despite anything to the contrary, the total amount credited to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Cloud Server Specific Terms
Cloud Servers are deployed as requested and based upon infrastructure availability.
All servers and VPS servers share IP and network connectivity unless otherwise specified or requested.
Dedicated IP does not include Dedicated bandwidth.
Dedicated bandwidth needs to include a dedicated IP.
Uplinks are limited to 100Mbps shared connection.
Upgrades on Uplinks available upon request.
Internet Traffic limits apply to all standard Cloud servers, where accumulated data (inbound and outbound) count towards.
Traffic limits are set at a standard of 1Tb per month, unless otherwise specified or agreed upon.
Traffic over-usage will be charged at R1.00 per GB
Backup and Replication Specific Terms
CHS specified virtual server Daily Scheduled Backups and Replication is set on a disk space quota of 1Tb, thereafter charges will apply for every 1Tb of over usage on the backup infrastructure.
Backups are stored locally with critical backups also replicated off site to a secondary Datacentre location.
You are responsible for performing regular backups of your data unless otherwise specified by Enryoc. Enryoc will Replicate Customer Content in accordance with the selections the Customer makes or based upon full server VM backups as specified.
Enryoc will use commercially reasonable efforts to maintain reliable and redundant infrastructure to store your content in the Enryoc Cloud backup infrastructure and complete selected Replications via the Services within 72 hours subject to delays caused by you or its network or systems or by telecommunications failures, utility outages or the Internet.
Colocation and per U Hosting
3.64. The colocation product provides you with only a rack or shared space within an Enryoc rack, power connection and data connection. You must supply your own Server(s) and peripherals, unless purchased through Enryoc. Thereafter an Enryoc Engineer will Install the Server(s) or peripherals, unless otherwise specified.
3.65. You remain solely responsible for all your equipment installed in the rack. We will be responsible for the rack, power and for the network connection only.
3.66. You are solely responsible for all bandwidth and traffic related to your hosting service and are liable for all traffic charges. This includes regularly monitoring usage through the Enryoc Control Panel. Note, only traffic provided by Enryoc will be visible in the Enryoc Control Panel. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to use the Enryoc traffic monitoring tool, please be aware that the information will not be real time information and there will always be a one day delay in the furnishing of information; we will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
3.67. If your Server(s) or network components become the target or source of any form of denial of service attack, we may disconnect you from the network if we find that no other solution is possible at that stage.
3.68. We have provided a resilient infrastructure at the Location and have taken reasonable precautions to protect your Server(s) and equipment. We are confident that you will have a positive experience while hosting in our facility. Should, despite these best efforts, something happen, we will not be liable for any loss or damage as a result of any failure on our part.
3.69. You must at all times adhere to the standard health and safety guidelines laid down for customers entering the Location. We may deny you access to the Location if we at any time have reason to believe that you are failing to comply with the procedures and guidelines.
3.70. We may temporarily suspend our colocation services to repair, maintain, upgrade, modify, replace or improve any of its colocation services. We will provide 14 calendar days prior notice of any service suspension to you. However, we will not be held liable for any resulting loss or damage suffered as a result of the service suspension.
3.71 We may terminate any colocation services on 30 days written notice to you.
3.72 If either party fails to comply with any of its obligations or commit a breach of this Agreement and fail to remedy such default or breach within seven days after having received a written notice to do so, or be placed in provisional or final liquidation or sequestration, or judicial management, or enter into any compromise arrangements with its creditors, or fail to satisfy a judgment taken against it within 10 days, then the other party will be entitled to cancel the Agreement on written notice to the defaulting party. The provisions of this clause will not affect the rights of the parties to claim damages in respect of a breach of any of the provisions of this Agreement.
3.73 Neither party will be responsible for any indirect, incidental, special, or consequential damages or losses arising from the Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
3.74 Our total liability to you is for direct damages up to a maximum amount of three months of your base hosting fee.
Network Uptime Guarantee
3.75. As a Colocation customer, we guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.
Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on your hardware equipment.
Network downtime exists when you are unable to ping the Server(s) and the downtime is recorded by our monitoring system.
If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service).
You will not receive the credit if the problem is attributable to:
A degradation of the Service outside our control.
A force majeure event.
DDoS attack against your Server or hosting infrastructure.
Negligent acts or omissions on your part.
You being unavailable which results in us being unable to establish contact with you to resolve the problem.
If you wish to exercise your right, you must request it by sending an email to us at billing@Enryoc.com. The request must be received by Enryoc within 48 hours of the incident being reported and must include your customer number, your name as listed on the Enryoc invoice, the date and approximate time of the problem and the Colocation identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request, according to our Refund Policy. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Self-Managed Dedicated and Colocation Hosting Fees
3.76. You will pay us a base hosting fee for Self-Managed Dedicated Server and Colocation hosting as indicated on the website.
3.77. The base hosting fee does not include any other fees such as:
Fees relating to incremental bandwidth usage.
Fees for extra IP addresses and
Random access memory and hard drive.
Beyond that which is available without additional charge specifically specified in our standard rates available on our website that will be additional fees you must pay.
4. Email terms
4.1. We will provide the following email related Services for Customers selecting shared or managed dedicated hosting only:
Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (for example SpamAssassin which is the most widely used open source filtering software);
Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (for example Clam that is a very popular open source solution).
An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;
A POP3 (post office protocol) server for the downloading of incoming mail.
IMAP (internet message across protocol) Server for the reading of mail.
4.2. We will take appropriate and reasonable measures to make your email environment secure and reliable.
4.3. We will:
Do our best to support the setup and configuration and
not be held responsible if there is any incompatibility between our Systems and any other third party application. 5. Domain Name Terms
5.1. The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, such as Enryoc, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.
5.2. We have been accredited as an reseller to register Domain Names on the Administrator’s registry system. All Domain Names that we register on your behalf within the .co.za domain name space are subject to the Administrator Policies, which may be amended from time to time.
5.3. We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Administrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.
5.4. We use the Services of an local and international registrar to register generic Top Level Domains (gTLDs such as .com and .org) as well as Top Level Domains in non-South African country codes (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant registrar Diamatrix. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you.
When there is a transfer of ownership the Registrant explicitly authorizes Diamatrix to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. It remains the domain user’s responsibility to check that correct ownership details are listed for the domain.
5.5. The following principles apply with regard to Domain Name registrations:
Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.
We do not permit “cybersquatting” (also known as “domain squatting”): registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.
Registering a Domain Name is like getting a licence. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
It is important to ensure that the correct person or entity is reflected as the Registrant as Enryoc will only act on the instructions of the Account Owner or anyone authorised to act on the Enryoc account. In certain instances the Registrant might not be the Account Owner.
You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.
We will insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry.
Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable licence to use the IP address for the duration of our agreement with you.
If you are a Enryoc Reseller, you agree not to make yourself the Registrant of your customer’s Domain Name. If you do so, we reserve the right to terminate your Reseller status.
All new co.za registrations are allowed a grace period of seven consecutive days immediately following the registration of the Domain Name, during which you can cancel your Domain Name registration with minimal cost implications.
Domain Names are registered for one year. Whilst we will try to ensure that your Domain Name does not lapse, it is your responsibility to ensure that your Domain Name does not lapse. Our systems have been programmed to automatically renew your Domain Name unless you expressly tell us not to do so, in which case it will lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable.
5.6. If you cancel your Domain Name registration during a grace period, it will be assigned a ‘Pending Release’ status and will not become available for release until the seven day grace period expires. You will be charged a grace period administration Fee of R5 (excluding VAT) for co.za domains and R10 (excluding VAT) for all other domains. Once the grace period has expired, the Domain Name will be released and removed from the Registry database, making it available for anyone else to register. You will receive a refund of the registration fee minus the grace period fee. You will not be able to transfer the Domain Name to another Registrar during the grace period. A Domain Name that is reinstated during the grace period will result in the Domain Name continuing as before with no refunds being processed.
5.7. You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.
5.8. The following fees will be incurred by you:
The annual Administrator Fee for the Domain Name.
Our Service fee for applying for, and where applicable, maintaining the registration of a Domain Name on your behalf and
All reasonable expenses or charges relating to the registration, transfer, or renewal of the Domain Name.
These service fees are non-refundable.
5.9. You warrant that:
You are entitled to register and use the Domain Name or if you are not the Registrant, you have the consent of the Registrant to use the Domain Name; or You are not prohibited by law or otherwise from registering the Domain Name and
in using the Domain Name, you have not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.
5.10. You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name. We act as data processor on behalf of the Administrator, who is the data controller, regarding personal data that you give us when you register a Domain Name. You agree that we may share the personal data that we collect in this way with the Administrator. You agree to indemnify and hold harmless us and our sub-processors against any claim you may have as a result of us sharing your personal data with the Administrator, or the Administrator’s failure to protect your personal data in accordance with applicable data protection laws.
Changes to .co.za Domain Name and Domain Name Information
5.11. It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change within the seven day grace period mentioned in clause 5.5 and 5.6, you will be required to pay a fee to the Registrar.
5.12. Either the Registrant or its agent (as described below) can change co.za Registrant information (for example the Registrant’s name, email address, telephone number and physical address) through the Enryoc Control Panel.
5.13. If the Registrant has a Enryoc account, the Registrant can make the changes.
5.14. If the Registrant has appointed an agent with a Enryoc account to administer the Domain Name, the Domain Name will be linked to that agent’s account and the agent will be able to make the changes.
5.15. Enryoc will only act on the instructions of the Account Owner or anyone authorised to act on the account.
5.16. Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of five consecutive days will commence. This five day period has been instituted by the Administrator and cannot be modified by Enryoc. On expiry of the pending update period, the Domain Name information will automatically be updated.
5.17. The Registrant can ask Enryoc to create a account and transfer control of the Domain Name to the Registrant’s account at any time, provided any requirements laid down by Enryoc are met.
5.18. In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or Enryoc account to which the Domain Name is linked, we will only act, if we receive written instructions to change the name of the Registrant from:
The liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary.
A letter from the executor where the Registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity.
An order of Court in relation to any of the above or
An order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.
5.19. In certain circumstances, the Domain Name might be “locked”. A “locked” Domain Name can only be transferred by the
Administrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognised authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be “frozen” until a hearing or adjudication on the matter has been finalised. Only the Administrator is able to lock and unlock a Domain Name.
5.20. The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates through the Enryoc control Panel.
Domain Name Transfers to another Registrar
5.21. You are able to transfer your Domain Name to another Registrar at any time other than during the grace period.
5.22. If you want to do so, a specific process has to be followed. This process has been laid down by the Administrator in the Administrator Policies.
5.23. Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented.
The Table below illustrates the voting outcome when you request your Domain Name to be transferred to another Registrar. The
Administrator (Registry) will send the Registrant and the losing Registrar an email which requires a vote to complete the transfer process. The various outcomes are demonstrated in the table below according to the voting actions. For example should both the Registrant and the losing Registrar vote Yes (Y) then the transfer will take place immediately.
Domain Name Cancellations
5.24. A Domain Name can be cancelled at any time other than during a grace period.
5.25. Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.
5.26. Once initiated, a period of five consecutive days must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.
5.27. The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.
Domain Name Renewals
5.28. We will give you a renewal reminder by email within 66 days prior to the renewal date of your Domain Name.
5.29. If you do not want to renew the Domain Name, you must give notice by clicking on the link in the renewal reminder email. This will automatically instruct us not to renew the Domain Name. This notice must be given at least 33 Business Days prior to the domain name renewal date.
5.30. If you do not give the required notice (this can be done by clicking on the link sent in the renewal reminder email, terminating the domain via the Enryoc control panel or by emailing us directly) we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.
Payment Default of the Domain Services
5.31. If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:
Exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid. Obtain or allow the suspension, termination, or deletion of the Domain Name or transfer the Domain Name to another Registrant.
Termination of the Domain Services
5.32. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
5.33. If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Terms of Service) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.
Domain Name Disputes
5.34. Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:
The Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs. The Alternate Dispute Resolution Regulations applicable in South Africa and similar proceedings in other ccTLDs.
5.35. Disputes between you and any third party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.
5.36. We will not participate in any way in a dispute between you and a third party. If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our attorney’s fees).
5.37. Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised. Locked Domain
Names, although not removed from the zone file, will not be able to be updated, cancelled, reinstated or released until they are unlocked. 6. Other Services
6.1. We offer third party services.
6.2. While we make every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of our Customers, we do not control and are not responsible for those services and you use those third party services at your own risk.
6.3. We will not be liable for any loss or damage you have suffered as a result of your use of such third party services including any interruption or unavailability of the third party services.
7. Reseller Responsibilities
7.1. Resellers are responsible for supporting their clients. We don’t provide support to our Reseller’s clients. If a Reseller’s client contacts us, we reserve the right to place the client’s services on hold until the reseller can assume their responsibility for their client. All support requests must be made by the Reseller on their clients’ behalf for security purposes. We reserve the right to terminate your Service with Enryoc if you fail to provide adequate first line support to your clients.
7.2. As a Reseller, you recognise that Enryoc is ultimately responsible for the provision of the Service. Under certain circumstances Enryoc may be compelled to deal directly with your client. This may happen for example where:
You are unable to attend to any requests by your client due to unavailability i.e. you are not contactable over a period of 48 hours.
You fail to comply with any lawful client request or effect technical changes to enable your client to receive the Services. You fail to pay any amounts owing to Enryoc on due date or
you die. In such event you irrevocably appoint Enryoc as your attorney and agent to do all such things and sign all documents relating to the Service as may be necessary.
7.4. You agree not to publish or distribute any advertising material or make any public or press statements regarding Enryoc or our Services without prior written consent from Enryoc. In order to obtain written consent, please email firstname.lastname@example.org.
7.5. You may not make use of the Enryoc logo or product imagery in any manner without prior written consent. In order to obtain written consent, please email email@example.com.
7.6. As a Reseller you have access to our Enryoc Control Panel in order to manage settings, including, but not limited to the renewal of the Services, email settings as well as the ability to view and manage domain names and run reports. Under no circumstances are you allowed to customise, re-brand or in any way modify the Enryoc Control Panel for your own use. You must only provide access to employees and clients, authorised by yourself (“Authorised Users”) to have access to the Enryoc Control Panel. As a Reseller, you are responsible for all access to the Enryoc Control Panel by your Authorised Users and for any actions taken by any of the Authorised Users.
7.7. We reserve the right to take whatever action we feel necessary at any time to preserve the security and reliable operation of our infrastructure and you undertake that you will not do or permit anything to be done which will compromise Enryoc’s security.
7.8. You authorise Enryoc to act on any instruction given by or purporting to originate from yourself or your client, even if it transpires that Enryoc, yourself and your client have been defrauded by someone else, unless you or your client has notified Enryoc prior to Enryoc acting on a fraudulent instruction.
7.9. You are solely responsible for processing all billing for your clients and for all debt collection relating to your clients.
7.10. All fees will be payable to Enryoc as soon as they become due.
7.11. In the event of a dispute arising between the parties, you are obliged to continue paying the Service Fees as and when they become due and payable in terms of the Agreement.
7.12. You unconditionally and irrevocably indemnify Enryoc and agree to hold Enryoc free from and harmless against all losses suffered or incurred by Enryoc as a direct or indirect result of your or your client’s use of the Services, or any downtime, outage, interruption in or unavailability of the Services.
Acceptable Use Policy
The AUP is a description of the types of activities that are not allowed on Enryoc’s network and as such forms part of Our Hosting Terms.
Enryoc reserves the right to require changes or disable, as necessary, any website, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion. To meet the changing needs of our customers, our business, the Internet environment and the legal landscape, this AUP may be revised at any time and we encourage our customers to review this AUP regularly.
If you feel you have discovered a violation of any area of our AUP please report it to: firstname.lastname@example.org
SPAM and Unsolicited Email
Sending unsolicited commercial communication (including, but not limited to email, instant messaging, SMS, chat rooms, discussion boards and newsgroups) is not permitted via Enryoc’s network.
Regardless of how the recipient’s email address was acquired, if email communication was not explicitly requested or consented to by the recipient or if the recipient would not expect to receive it as a result of an existing relationship, the communication is considered unsolicited (this applies to communication sent to both personal email addresses and company email addresses e.g.
email@example.com). Email communication that does not clearly originate from a consensual sender or which appears to come from a 3rd party or affiliate is considered unsolicited.
Examples of unsolicited communication:
Purchased mailing lists, “safe lists” and harvesting of email addresses, where the users of those email addresses have not explicitly agreed to receive communication from a specified consensual sender is considered unsolicited.
Sending emails where the recipient must opt-out of receiving further emails that they didn’t originally request is considered unsolicited. Sending a once-off invitation to receive further information, which was not explicitly requested or consented to by the recipient is considered unsolicited.
Email communication to a mailing list including addresses of unwilling recipients or a recipient who has indicated that they wish to be removed from such list, yet continues to receive unwanted emails after a reasonable period, is considered unsolicited.
Mailing list operators should maintain meaningful records of recipient requests and their consent to receive said email communications. There should also be an option for the recipient to unsubscribe from receiving further email communications.
When Enryoc receives a spam complaint, in order to establish if the communication was unsolicited, we may ask you to verify whether the recipient agreed to receive communications from you and if so, when and where you recorded their email address.
Enryoc reserves the right to suspend or terminate the account of any user who sends out unsolicited email otherwise known as Spam with or without notice in accordance with its General Terms and Conditions.
As a Enryoc customer, should you infringe this policy, you will be held liable for any costs incurred by Enryoc, both monetary and in reputation. Enryoc reserves the right to charge the customer of the account used to send any unsolicited email a clean-up fee or any charges incurred for blacklist removal. This cost of the clean-up fee is entirely at the discretion of Enryoc.
The use of any other service for the purposes of sending SPAM with any reference to Enryoc services (including but not limited to mailboxes, autoresponders, and Web pages), will also be grounds for suspension/termination as described above. If your website was compromised and exploited for the purpose of sending unsolicited communications, Enryoc will be more lenient in resolving the issue. However, repeat exploitations of the same website and/or customer account would be grounds for suspension/termination.
Enryoc does not allow any of the following content or links to such content, to be published on its Hosting Systems:
Content of a pornographic, sexually explicit or violent nature.
“Hate” sites or content that could be reasonably considered as discriminatory in any way including by way of sex, race or age discrimination.
Content of an illegal nature (including stolen copyrighted material).
Content that is defamatory or violates a person’s privacy.
Content that involves theft, fraud, drug-trafficking, money laundering or terrorism.
Pirated software sites.
Illegal gambling sites.
If Enryoc in its sole discretion determines that any customer content violates any law, including the Film and Publications Act, 65 of 1966 or this policy, it may:
Request the customer to immediately remove such content; and/or
Require the customer to modify such content; and/or
Without notice, suspend or terminate access to any services; and/or
Without notice, delete the offending content; and/or
Notify the relevant authorities of the existence of such content (if required by law or otherwise), make any backup, archive or other copies of such material as may be required by such authorities, disclose such elements of the customer’s data as may be requested by the authorities and take such further steps as may be required by such authorities.
Misuse of account features
Operating any service which makes an account feature available to third parties for any use other than normal access to that account’s Web site is forbidden. Operating any service which enables or assists anonymous or abusive behaviour by third parties is forbidden. Operating any service which affects the stability or reliability of any Enryoc server or network component, impacts other users or the company negatively, or degrades quality of service is forbidden. All account features are to be used solely in order to develop and implement the Web site(s) associated with that account.
Reselling Multiple Domains on Enryoc’s Web Hosting packages to a third party is not allowed. Multiple Domains are to be used solely for the Profile Owner’s own websites.
Shared Systems and Resource Usage
Customers hosting on our shared environment may not use any shared system provided by Enryoc in a way that interferes with the normal operation of the shared system, or that consumes a disproportionate share of the system’s resources. For example, excessive server hits, excessive bandwidth usage, excessive disk usage, inefficient scripts or database queries may compromise other users of the shared hosting environment. Enryoc is authorised to suspend a user’s account should it be found that excessive resource usage is negatively impacting on other customers of our shared hosting environment. In most cases, the examples below do not apply to Enryoc Dedicated servers.
Users may not, through a cron job, CGI script, interactive command, or any other means, initiate the following on Enryoc’s shared servers:
Run any process that requires more than 50MB of memory space.
Run any program that requires more than 30 CPU seconds.
Run more than 10 simultaneous processes.
Send out mail to more than 500 recipients (email addresses) within one hour. 500 recipients represent one of the following: 500 recipients for one email, 500 individual emails or a combination of the two.
Send or receive, through mail, any file larger than 20MB.
Should we discover that a customer is performing bulk mail runs on our shared systems that exceeds the limit communicated in 4.1.4 above, regardless of whether it constitutes SPAM or not, Enryoc will deactivate the user’s account.
Custom server-side CGI scripts are to be run only by users with the appropriate package types (in Enryoc’s case the Web Hosting Basic package or higher). No user may run CGI scripts for the benefit of external sites or services. The use of system resource limits is intended to prevent runaway CGI scripts on an unattended server. Also, processes with large memory footprints or hungry CPU requirements will incur swapping and other slowdowns that cause problems for every site on the server.
Interactive Web applications, commonly known as “chat”, are not allowed on Enryoc’s shared systems. These applications are better placed on dedicated servers.
MySQL databases are provided to users of the Web Hosting Basic package and higher:
Each qualifying individual package is limited to the allocated quota as published in the product matrix.
Each individual database is allotted a maximum of 500 MB disk space.
Databases may not be used for circumventing package disk allowances by storing web sites within the database.
Databases may only be used in conjunction with Enryoc hosted packages. Access to databases from outside our local network is provided strictly for site and database development.
Only 10 concurrent MySQL connections per database user are allowed.
Databases may not be used to store binary files (including but not limited to image and application files). The database needs to reference the image on the user’s site rather than actually storing the image i.e. these files should be stored within the user account and referred to in the database by using a link.
Enryoc reserves the right to require changes to databases and database usage should they have an adverse impact on a database server and/or other user databases on that server. Enryoc may move the database to a new server, or in extreme cases, Enryoc reserves the right to disable any database determined to be harming performance of a database server.
The use of “cron jobs” (processes that are run automatically at certain times, in accordance with a “crontab” file set up by each user), are allowed on Enryoc servers, subject to the following conditions and restrictions:
To be used only by customers of the Web Hosting Basic package and higher.
The job must not execute more often than every two hours.
If a cron job is likely to consume excessive CPU usage, it should be given a lower CPU priority.
Resource limits are enforced by automatic monitoring systems. This is not applicable to Fully Managed Dedicated servers, providing that it does not interfere with Enryoc’s ability to manage the server on the customer’s behalf.
Server side processes
The installation or operation of any stand-alone, unattended server-side process (daemons) on Enryoc servers, with the exception of cron jobs as per point 4 above, is not possible. Violation of this policy will result in immediate account termination without warning. This is not applicable to Enryoc’s Dedicated servers, providing that it does not interfere with Enryoc’s ability to manage the server on the customer’s behalf.
This policy exists for several reasons:
To protect the CPU and memory resources available on each server.
To protect and enhance system security by not allowing unapproved third-party programs to accept connections from the outside world.
You may not use our network to engage in illegal, abusive, or irresponsible behaviour, including:
Unauthorised access to or use of data, services, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to break security or authentication measures without express authorisation of the owner of the system or network;
Monitoring data or traffic on any network or system without the authorisation of the owner of the system or network;
Interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks;
Use of an Internet account or computer without the owner’s authorisation;
Collecting information by deceit, including, but not limited to Internet scamming (tricking other people into releasing their passwords), password robbery, phishing, security hole scanning, and port scanning;
Use of Enryoc’s service to distribute software that covertly gathers information about a user or covertly transmits information about the user;
Any activity or conduct that is likely to result in retaliation against our network;
Any activity or conduct that is likely to be in breach of any applicable laws, codes or regulations including the Electronic Communications and Transactions Act 25 of 2002 (see ECT Act) which renders you liable to a fine or imprisonment;
Introducing intentionally or knowingly into Enryoc’s service any virus or other contaminating program or fail to use an up to date virusscanning program on all material downloaded from the Web;
Forging email or other messages is forbidden. Trafficking in pirated software is forbidden. Port scanning or the use of similar tools is forbidden.
Use of Enryoc services to publish or otherwise disseminate information about the availability of pirated software or other material that is being made available illegally, including the publication of a list of links to such material, regardless of disclaimers, is specifically forbidden. We do not condone any illegal material or behaviour.
Compliance with the acceptable use policies of any network or system with which you connect through our service is required. If inappropriate activity is detected, all accounts of the user in question will be deactivated until the investigation is complete. Prior notification to the user is not assured. In extreme cases, law enforcement will be contacted regarding the activity.
Enryoc customers must take reasonable security precautions. Negligence could result in the hacking of websites as well as compromised mailboxes due to vulnerable PCs, website software or the use of weak passwords, which could affect other Enryoc customers through blacklisting, phishing or spamming.
It is the customer’s responsibility to ensure that scripts/programs installed under their account are secure (using the latest version) and permissions of directories are set properly, regardless of installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that customers use a secure password. If a password is found to be weak, Enryoc will notify the user and allow time for the user to change/update the password. Failure to make a password change that inadvertently leads to the website being compromised could result in the user’s account being suspended / terminated.
Passwords should consist of at least 11 mixed alpha and numeric characters with case variations. Customers should not use a common word as a password and should change their passwords regularly. In the event of abuse Enryoc reserves the right to reset a password.
Accounts with many files can have an adverse effect on server performance. Enryoc has the following limit: 200 000 files (i.e. an email, webpage, image file, directory etc.), or 50 000 files per directory. Accounts exceeding the above limit will have those files and/or directories excluded from our backup system.
Custom Cloud specific servers are excluded from the above mentioned line, as specified per sales order.
Using our servers as a personal storage facility is not permitted. Any content stored must be directly related to the website(s) in question.
Mailboxes that build up large volumes of email without being accessed are not allowed (e.g. catchall mailboxes or bounce message mailboxes). The primary cause of excessive disk usage can be due to customers having their catchall address enabled, yet never checking their primary account mailbox. Over time, tens of thousands of messages build up, pushing the account past our file limit.
Enryoc has a disk usage quota in place for its Web Hosting packages. Where applicable, customers are sent monthly emails from Enryoc notifying them of domains that have exceeded the allocated quota, providing an opportunity to reduce disk space or upgrade to a higher package in order to avoid unnecessary charges for over-usage. Customers can regularly monitor their disk usage via the Enryoc Control Panel by clicking on ‘Disk Usage’ under Statistics & Reports, which will give customers a reading of the total size of the package together with a summary of individual directory sizes.
In order for Enryoc to operate with greater efficiencies and for our customers to have the flexibility and control of actively managing their disk space, an automated system tracks, notifies and charges for over-usage.
Our Web Hosting packages do not have a set quota on the data transfer (traffic) provided as we’d like our customers to have the resources needed to offer a viable, growing online presence. It is expected that all customers comply with this Acceptable Use Policy, designed to preserve Enryoc’s server and network performance for the benefit of all our customers.
Using our Web Hosting packages primarily for online file storage, archiving electronic files or streaming excessive video or hosting music is not permitted.
Certain services may not be hosted on our dedicated servers & our Colocation offering without prior consultation. Examples include, but are not limited to:
Public mirroring services that are made available for general public use
Any website or service where the primary focus is to drive or redirect traffic from one network to another
Reselling bandwidth and/or network capacity as internet access to end users
If you’d like to discuss your requirement in more detail, please contact firstname.lastname@example.org Combining traffic quotas across multiple servers is not supported