Hosting

Introduction

The BahatiGroup Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

Neither BahatiGroup, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that BahatiGroup’s Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the BahatiGroup Server service, unless otherwise expressly stated in this Agreement.

BahatiGroup expressly limits its damages to the Client for any non-accessibility time or other down time during the system unavailability. BahatiGroup specifically denies any responsibilities for any damages arising as a consequence of such unavailability. The client/user indemnifies BahatiGroup against any loss or damage whatsoever, which may arise from the use of any third party software, add-ons or plugins available through our hosting services or platforms.

BahatiGroup is not responsible if an external company network and firewall is setup to block access to services BahatiGroup provides. If a client’s network is setup to block certain ports or web addresses that compromise the services BahatiGroup provides it is the client’s responsibility to ensure that their network configurations are changed as necessary. BahatiGroup endeavours to keep a backup of the domain, the backup is of the last 3 days content only. Whilst we endeavor to keep a backup of the last 3 days content this can in no way be guaranteed, it is the client/site owners responsibility to keep a local backup of their site/s at all times. BahatiGroup will in no way be held responsible for any loss of content whatsoever.

On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client’s responsibility to ensure that the transfer request from BahatiGroup is accepted and to advise BahatiGroup of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

BahatiGroup may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes.

Cloud hosting

BahatiGroup deploys all new Cloud Servers with VMTools and Veloxum Agent pre-loaded. VMTools and Veloxum Agent are integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMTools and Veloxum Agent must be running at all times, as this will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other client’s virtual servers.

BahatiGroup strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of our Terms & Conditions (contrary to the intended use of the product).

BahatiGroup may also, at its discretion, restrict servers to 200 IOPS (Input Output Operations Per Second) where a client’s use of available virtual resources is negatively affecting the overall environment. BahatiGroup reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion.

Cloud Hosting services are fully managed by the client and BahatiGroup does not offer any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the client who purchased the cloud hosting service.

ZACR Registrant Agreement

Definitions

• “Administration Sites” means the Registry’s official administration website/s including, but not limited to www.registry.net.za and the Registrars official administration website/s including, but not limited to https://bahatigroup.com
• “Agreement” means the Application read together with these terms and conditions.
• “Applicant” means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.
• “Application” means the application for the delegation or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.
• “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.
• “Domain Name” means the domain name in the Namespace, designated by the Applicant in the Application, and governed by the Agreement.
• “Namespace” means the .za domain namespace of the Internet.
• “Personal Information” means information relating to an identifiable, living, natural person.
• “Registrar” means Bahati IT Group Trading cc
• “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.

Applicability

• The Registry is responsible for delegating domain names in the .za domain / gTLD namespace of the Internet.
• These terms and conditions apply to all the .za domain / gTLD domain names.
• The Applicant also agrees to be bound by the Published Policies.

Fees

• Payment for any fees due is strictly in advance of registration/renewal, payable by debit order or credit card.
• Should the Applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, the Registrar may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name delegation.
• Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 3.

Rights to Domain Name

• The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilise such name.
• The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.
• Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.
• Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 4.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.
• The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.

The Applicant’s Warranties & Indemnity

• The Applicant hereby irrevocably represents, warrants and agrees that:
  • the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;
  • it has the right without restriction to use and register the Domain Name;
  • to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;
  • will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;
  • at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and
  • it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.
• Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.

Withdrawals and Transfers

• The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):
  • in the circumstances contemplated in clause 3;
  • should the Applicant breach any warranty given under clause 5.1;
  • if the Applicant withdraws its consent for processing of Personal Information described in clause 7;
  • should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;
  • in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;
  • on receipt of an order by any competent court having jurisdiction; or
  • on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).
• In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.

Personal Information

• Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:
  • use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;
  • inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;
  • transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services wherever in the world such parties may be located;
  • transfer of Personal Information to a third party replacing the Registry in providing the registry function in terms of the registry agreement between ICANN and the Registry, wherever in the world such third party may be located.
• In processing the Personal Information as set out in clause 7.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.
• THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 7.1 AND 7.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.
• Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.

Exemption and Indemnity of the Registry

THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF TO THE APPLICANT’S DOMAIN NAME REGISTRATION.

General

• For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).
• The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.
• The Applicant acknowledges that the Registry may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of the Namespace. These amendments will be published on the Administration Sites from time to time.
• The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.
• To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.
• In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

Domain registrations

BahatiGroup has not and does not conduct pre-registration searches in respect of the client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client/client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar. Domain registrations are billed on an annual basis two (2) months in advance e.g. if the original registration date was on the 15th of March 2013 you will be billed your annual registration fee on the 1st of January 2014.

The client acknowledges that the use or registration of the Domain Name by the client must not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that the client has the right to use the Domain Name.

BahatiGroup cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, the client acknowledges that BahatiGroup may be presented with evidence that a Domain Name registered by its client violates the rights of a third party. In such instance BahatiGroup shall be allowed to provide a complainant with the client’s name and address and all further communication will exclude BahatiGroup and BahatiGroup will have no further obligations to the client. In such instances the client shall be entitled to continue using the Domain Name registered by BahatiGroup until a court or other body with jurisdiction directs otherwise.

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

The client hereby indemnifies BahatiGroup against any loss whatsoever arising from any dispute or claim or other action occasioned by the client’s use and registration of its selected Domain Name, even if BahatiGroup has been advised of the possibility of such damages. BahatiGroup will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

Failure to pay the annual renewal fee or failing to respond to a renewal notification from BahatiGroup will result in the domain name been deleted which will result in the domain becoming available to the public to register. Additional fees may apply to redeem a domain which has entered the deletion process.

Please note: The free .co.za domain registration is only applicable if you select a domain with a Linux or Windows shared hosting package. This offer does not apply to our parked domain or self managed hosting packages. After 10 months, you will be billed for the annual renewal of your domain, should you decide to retain the domain. Should you wish to cancel or transfer your domain away from BahatiGroup during the first 10 months of service, you will be invoiced for the registration originally covered by BahatiGroup, the cancellation/transfer will only take place once this invoice has been paid.

Also note that the registration email address will be hosting@bahatigroup.com for the first billing period, where after it will automatically update to the email address from your profile on renewal.