Web and E-mail Hosting Terms and Conditions:
I/We hereby understand and accept the terms and
conditions as stated below in terms of this agreement
between myself/us and Tsimpilo Trading 107 (Pty) Ltd.
here after referred to as “GSD Potchefstroom”:
These terms and conditions govern the use of the GSD
Potchefstroom domain registration and hosting services.
By contracting with GSD Potchefstroom for the services
you will be lawfully regarded as having agreed to your
use of the services specified being governed by this
The client or the client's agent certifies that he/she
is above the age of 18 years, has full contractual
capacity and is duly authorised by the client to
contract on client's behalf.
GSD Potchefstroom registers domains on the Internet
through the relevant governing bodies and hosts websites
and related material on the GSD Potchefstroom server(s)
on behalf of clients. These terms and conditions apply
to the use and registration of domain names and the web
hosting services offered by GSD Potchefstroom.
Domain registration may be discounted or offered free of
charge with Hosting products, depending on the nature
and type of TLD (Top Level Domain). This offer is based
on the assumption that the domain (and site content)
will be hosted with GSD Potchefstroom for a reasonable
period. We reserve the right to, at our discretion,
charge a parking fee where a minimum period (3 months)
has not been observed on the Hosting product before
downgrading to a Parking product. The fee will depend on
the type of domain and applicable administration fees.
Initial Set-up fees are non-refundable. Domain Name
Registration fees constitute a once-off payment subject
to certain renewal charges.
GSD Potchefstroom will transfer existing (registered)
domains from existing hosting providers to GSD
Potchefstroom's DNS and web servers. Upon requesting the
transfer, and accepting the Terms & Conditions, the
client explicitly agrees that they have the authority to
do so, being the owner of the domain in question, or
having been nominated as an agent of the legal owner.
The client thereby indemnifies GSD Potchefstroom from
any disputes regarding ownership of the domain and any
claims as a result thereof.
A cancellation request in respect of any Domain
Registration, Web Hosting or any other service must be
completed via a fax or mail addressed to GSD Hostmaster:
Fax - 086 502 5602 of email@example.com one calendar
month (30 days) before the date of ceasing the service.
Cancellation of any project must be done via fax or
email within 24 hours after Deposit and or payment for
the project was paid. No refunds on a deposit and or
project will be done after 24 hours of payment by the
client accept if arranged and approved by GSD
GSD Potchefstroom reserves its rights to change its
prices at any time on reasonable notice. GSD
Potchefstroom reserves the right to stop offering
certain web hosting package types if it deems it
necessary. GSD Potchefstroom will then either provide
the web hosting service for the remainder of the time
that has been paid for or refund the amount paid for
that specific package.
Payment and payment terms
The amounts owing for the initial month will be
pro-rated from the date of signature to the end of the
initial month and shall be added to the first debit at
the end of the subsequent month. Clients shall ensure
that there are sufficient funds in the account, details
of which have been supplied to GSD Potchefstroom to
cover such amount.
In the event that a debit order amount is recalled due
to incorrect information supplied by the client or due
to insufficient funds in the client's bank account the
hosting of the website will be immediately suspended.
Cash and EFT payments:
EFT and cash Payments MUST be made on or before the 1st
of each calendar month, if payment is NOT received on or
before the 3rd of each month GSD Potch will suspend all
services of that account on the 3rd. Reconnection of all
services will only be done after the amount outstanding
and the admin fee of R120-00 is received. Should I/we
fail to pay my/our account, GSD Potch reserves the right
to terminate this agreement without notification. A
reconnection fee will be applicable should I/we choose
to reactivate this contract again, this fee will be
determined by GSD Potch at its own and sole discretion.
In the case of a website being suspended due to
non-payment a reconnection fee of R120.00 will be
payable before the website is unsuspended.
In the case of an annual or biannual web hosting account
being terminated by the client before their prepaid
hosting term ends there will be a calendar month notice
period and a R100 administration fee charged.
GSD Potchefstroom may record the existence of the
client's account with a Credit Bureau.
GSD Potchefstroom may record and transmit details of how
the client has performed to a Credit Bureau, and how the
account is conducted by the client in meeting their
obligations on the account.
Liability for registration and use of domain names
GSD Potchefstroom has not and does not conduct
pre-registration searches in respect of the client's use
and registration of its selected Domain Name/s and is
therefore not obliged to either advise the Domain Name
client about possible conflicting third party rights or
to take steps to ensure against possible disputes
concerning a third party's intellectual property or
The use or registration of the Domain Name by a client
does not interfere with nor infringe the rights of any
third party in any jurisdiction with respect to
trademark, service mark, tradename, company name, close
corporation name, copyright nor any other intellectual
property right, and that client has the right to use the
Domain Name as requested.
GSD Potchefstroom cannot act as an arbiter of disputes
arising out of the registration and use of Domain Names.
At the same time, clients acknowledge that GSD
Potchefstroom may be presented with evidence that a
Domain Name registered by a client violates the rights
of a third party. In such instance GSD Potchefstroom
shall be allowed to provide a complainant with the
client's name and address and all further communication
will exclude GSD Potchefstroom and GSD Potchefstroom
will have no further obligations to the client. In such
instance the client shall be entitled to continue using
the Domain Name registered for the client by GSD
Potchefstroom until a court or other body with
jurisdiction directs otherwise.
GSD Potchefstroom does NOT provide SMTP mail services by
default with shared hosting packages.
GSD Potchefstroom reserves the right to suggest suitable
alternatives to the client and / or charge for excessive
traffic as it deems necessary, at its sole discretion.
Bandwidth Usage Allocations (and unlimited web traffic
on Shared Hosting) are based on calculated normal usage
as intended for the specific product. The following
activities (and resultant excessive bandwidth usage) are
prohibited and GSD Potchefstroom reserves the right, at
its sole discretion, to summarily suspend services as
provided by the Acceptable Usage Policy:
■ Running Torrents for download or Seed Servers
■ TOR (or other Online Anonymity Services)
■ Otherwise circumventing the Acceptable Usage Policy or
intended use of the product
■ GSD Potchefstroom reserves the right to suggest
suitable alternatives to the client for excessive Web
Server Processor usage as it deems necessary, at its
GSD Potchefstroom reserves the right to move a website
between web servers and internet backbones, both within
South Africa and internationally as it deems necessary.
If a client moves in excess of their monthly web traffic
allocation, then the client will be contacted and
various options will be presented.
GSD Potchefstroom reserves the right (but does not
assume any obligation) to inspect the contents of data
that the client transmits, receives or stores on an GSD
Potchefstroom Server to ensure compliance with this
Agreement or any applicable laws regulations or codes of
Note: Over usage of R0.10 p/Mb will be additionally
charged if over your allowed package data usage! – You
will be additionally billed.
Note – These rates are not fixed and may vary depending
on service provider fees that change and other external
All our domains have limited disk usage for emails and
Web content. If you exceed this limit you will have to
upgrade you package and make sure all your mails is
delivered to a mail client program like Outlook,
Thunderbird or any other PC based mail application.
Maximum allowed disk space for any domain is 6Gb web and
mail content. Our server will delete mails if they
exceed the limit.
GSD Potch only backup mails and web content for 14 days.
We don't take responsibility for lost or deleted mails
older than 14 days.
Users may only use the programme to refer other people.
Users that try to refer themselves via other accounts
setup using spoofing methods will not receive their
Should a referred client decide to cancel their services
within three months of signup, their referrer will
forfeit their referral credit.
Disclaimers, Limitations and Indemnities
GSD Potchefstroom 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 GSD Potchefstroom IN RESPONSE TO THE
ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT
The Client hereby indemnifies and holds harmless GSD
Potchefstroom 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 GSD Potchefstroom has been advised of the
possibility of such damages;
GSD Potchefstroom 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.
Neither GSD Potchefstroom, its employees, affiliates,
agents, third party information providers, merchants,
licensers or the like, warrant that GSD Potchefstroom'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 GSD Potchefstroom Server service, unless otherwise
expressly stated in this Agreement.
GSD Potchefstroom expressly limits its damages to the
Client for any non-accessibility time or other down time
to the pro-rata monthly charge during the system
unavailability. GSD Potchefstroom specifically denies
any responsibilities for any damages arising as a
consequence of such unavailability.
GSD Potchefstroom is not responsible if an external
company network and firewall is setup to block access to
services GSD Potchefstroom provides. If a client's
network is setup to block certain ports or web addresses
that compromise the services GSD Potchefstroom provides
it is the client's responsibility to ensure that their
network configurations are changed as necessary.
100% Website Uptime Guarantee
The 100% website uptime guarantee is applicable only if
the web server on which a client's shared web hosting
account resides crashes or goes down at an unscheduled
time. This guarantee is not valid if there is any
network problem between the client and the web server
which prevents the client from seeing the web server,
e.g. if the client's ISP's link to the respective data
centre goes down or is faulty, but the web server GSD
Potchefstroom hosts is still up, we are not responsible
for the client not being able to reach their website.
GSD Potchefstroom is not responsible if any third party
operated network (Telkom, Vodacom, Cell-C, MTN or SAIX)
or service experiences problems and outages (i.e. all
network infrastructure and links, client 's internet
connection, firewall service managed by external
parties). If the applicable web server is up and running
at all times then the website will deemed to have
achieved 100% uptime.
The 100% website uptime guarantee does not apply to any
scheduled downtime for maintenance of any of the GSD
Potchefstroom web servers. If there is scheduled
maintenance to be done the client will be notified at
least 24 hours in advance. The scheduled maintenance
will always be done after hours (based on Central
African Time (CAT)) and the web server downtime will be
kept to a minimum.
Third party monitoring service reports may not be used
for justification due to a variety of factors including
the monitor's network capacity/transit availability. The
uptime of the server is defined as the reported uptime
from the operating system and the Apache Web Server
which may differ from the uptime reported by other
Use at Clients's risk
GSD Potchefstroom will exercise no control whatsoever
over the content of the material hosted on, or the
information passing through the GSD Potchefstroom
network and in no way moderates such content.
Clients expressly agree that use of GSD Potchefstroom's
Server(s) and Services are at the client's sole risk.
GSD Potchefstroom is not responsible for files and/or
data residing on your account. You agree to take full
responsibility for files and data transferred and to
maintain all appropriate backup of files and data stored
on the GSD Potchefstroom web servers, including e-mail,
databases and site content.
Limitation on mail size
Individual mail sent to the client's POP3/IMAP box or
forwarded to the client's existing email address may be
limited to 3000kB in size each.
Refusal of services based on network, domain and/or
GSD Potchefstroom reserves the right to refuse domain
and hosting services based on network, domain and/or
Should the client breach of any of the terms and
conditions contained herein, including but not
specifically limited to the payment terms, GSD
Potchefstroom has the right (solely at GSD
Potchefstroom's discretion) to immediately demand
payment of the full amount owing and demand compliance
forthwith with all the terms and conditions,
alternatively to terminate the agreement and services
forthwith, in either instance without in any way
derogating from any common law, contractual and or
delictual rights which GSD Potchefstroom may have.
GSD Potchefstroom reserves the right to suspend or
terminate the service of any client that does not comply
with the terms and conditions, Acceptable Use Policy,
Acceptable Hosting Policy or any other contractual