By ordering, installing, connecting or making use of ActionOnline’s /www.actiononline.co.zagoods or services, or by indicating your acceptance of this Agreement in any other way, you agree to be bound by ActionOnline’s Standard Terms as well as ActionOnline’s Acceptable Use Policy and the Service Terms applicable to the good or service concerned.
Your attention is drawn in particular to clauses rendered in bold in the ActionOnline Domains and Web Hosting Service Terms. What follows is a summary for your convenience and does not form part of the agreement between you and ActionOnline. It is your responsibility to read the clauses referred to.
· ActionOnline will not be liable for any damage suffered by you as a result of its failure to renew a domain name (clause 13.11).
· If you register a domain name you consent to having your personal information sent to a registrar and registry. Your personal information may also be sent to an escrow provider offshore. You consent to this (clause 13.13).
· You warrant that you are not infringing any third party’s intellectual property rights and you indemnify ActionOnline in respect of all costs incurred by ActionOnline should ActionOnline be obliged to defend any domain name dispute, including the adjudicator’s fees and attorneys’ fees on the scale as between attorney and own Customer, whether ActionOnline is the registrant of the domain name or not (clause 13.14).
Table of Contents
1. Specific Terms and Conditions
3. Description of Service
6. Service Feasibility
7. Hosting Services Generally
8. Web Hosting, Shared and Cloud Server Hosting
9. Dedicated Hosting
10. Collocation Hosting
11. Hosting Support
12. Bandwidth and its Measurement
13. Domain Name Registration Services
14. Backup Services
15. Remote Hands
17. Access to the Premises
18. Service Levels
19. Effect of Termination
1.1. These Service Terms are entered into subject to the ActionOnline Standard Terms, which are incorporated by reference. Unless this document states otherwise, it will be subject to the Standard Terms, including the definitions and rules of interpretation contained in them.
1.2. The Customer hereby appoints ActionOnline to perform the Services as described in these Service Terms and ActionOnline hereby accepts the appointment.
2.1. "Remote KVM / IPMI" means a method by which the Customer is able to control the Customer Equipment from a remote location by means of the Internet and which simulates the operation of a keyboard and pointer device (mouse) as well as presenting a screen approximating the screen that the Customer's employee would see if he was present at the Premises.
3. Description of Service
3.1. ActionOnline will provide the Service described in the relevant Service Order as provided for in these Service Terms.
4.1. The Service will be provided indefinitely until terminated as described in the Standard Terms.
5.1. Customer must pay the fees as specified in the Service Order. The Standard Terms describe how payment is to be made.
5.2. Failure to make payment for three consecutive months will result in the termination of services.
6. Service Feasibility
6.1. ActionOnline cannot guarantee the provision of the requested Service upon the receipt of an order.
6.2. Provision of the Service is subject to ActionOnline confirming that it is technically feasible to do so.
6.3. Applicants will be formally notified after receipt of an order on whether or not the Service can be provided.
6.4. If the requirements of clause 6.2 are not met, the Agreement will terminate.
7. Hosting Services Generally
7.1. ActionOnline may provide SMTP mail services by default with hosting packages.
7.2. If a Customer utilises internet traffic above the level agreed in the Service Order, ActionOnline reserves the right to suggest suitable alternatives to the Customer and / or charge for excessive traffic as it deems necessary at its sole discretion.
7.3. ActionOnline reserves the right to suggest suitable alternatives to the Customer for excessive web server processor usage as it deems necessary.
7.4. ActionOnline reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary.
7.5. ActionOnline reserves the right to stop providing certain web hosting package types if it deems it necessary. ActionOnline 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 or provide the nearest equivalent package.
7.6. In the case of virtual servers, ActionOnline also may, at its discretion, restrict server to 200 IOPS (Input Output Operations per Second) where a Customer’s use of available virtual resources is negatively affecting the overall environment.
8. Web Hosting, Shared and Cloud Server Hosting
ActionOnline will make a server available to the Customer, on the following terms:
8.1. ActionOnline will make available a user account on a server for the Customer, but the Customer will not have exclusive use of the server.
8.2. The server will, subject to the reasonable security measures described elsewhere in this document, be "live" and accessible by general users of the WWW, unless the Customer explicitly requests otherwise.
8.3. The server will either be under the physical control of ActionOnline or will be a “cloud” server in the possession of a third party but under the control of ActionOnline.
8.4. A physical server will at all times remain the property of ActionOnline and the possession of any server will not pass to the Customer under any circumstances.
8.5. ActionOnline will be responsible for the setup of the server at the commencement of the Service Order. The server will be set up with the Software necessary to allow the Customer to make use of it as contemplated in the Service Order. ActionOnline may at its discretion charge a setup fee in this regard.
8.6. ActionOnline will be responsible for the maintenance of the server, which will include at its sole discretion effecting upgrades to the Software installed on the server which is necessary to provide the Service, or repairs and upgrades to the hardware in the server.
8.7. ActionOnline will allow the Customer access to the server by way of the Internet in such a way as allow the Customer to use it for the purpose or purposes set out in the Service Order.
8.8. The Customer may be granted access to email accounts if so stipulated in the Service Order.
8.9. ActionOnline will provide the Customer with internet connectivity from the Server, and bandwidth as set out in the Service Order.
8.10. Despite the content of clause 8.5:
8.10.1. ActionOnline will not be responsible for the effect of any Software that the Customer may install or have ActionOnline install on the server; and the Customer will be liable for any increased bandwidth used as a result of the installation of such Software.
8.10.2. Should any Software installed on the server by the Customer or by ActionOnline on the instructions of the Customer interfere with Software installed on the server by another customer, or should such Software threaten the security of the System, ActionOnline may take any steps it at its sole discretion deems necessary to remedy the problem including without limitation:
18.104.22.168. taking over administration of that Software on the server,
22.214.171.124. removing the Software from the server,
126.96.36.199. suspending the Customer's access to the server, or
188.8.131.52. relocating the Customer's account to another server.
8.10.3. The service INCLUDE
184.108.40.206. Disk space on respective servers
220.127.116.11. Power to servers
18.104.22.168. Internet connectivity to Servers
8.10.4. The service does NOT INCLUDE
22.214.171.124. Fixing websites
126.96.36.199. Fixing and / or resolving 3rd party software
188.8.131.52. Providing support to Resellers clients
184.108.40.206. The above excluded list may be performed by ActionOnline, however will be deemed professional services and will incur additional fees 8.11. Migration of websites or changing of packages 8.11.1 The service does NOT INCLUDE 220.127.116.11. Fixing websites 18.104.22.168. Fixing and / or resolving 3rd party software 22.214.171.124. Providing support to Resellers clients 126.96.36.199 Backing up your emails 188.8.131.52 Updating the DNS records on your domains names
9. Dedicated Hosting
9.1. ActionOnline will make a server available to the Customer, on the same terms as those set out in clause 8 above with the appropriate changes made, save that the Customer and ActionOnline will be the only parties with access to the server.
10. Collocation Hosting
10.1. ActionOnline will make the following available to the Customer if it is specified in the Service Order:
10.1.1. an amount of space in racks at the Premises;
10.1.2. Internet connectivity;
10.1.3. bandwidth specified in the Service Order;
10.1.4. Remote KVM Service;
10.1.5. labour by ActionOnline Employees charged at Time and Materials.
10.2. The Customer will provide the following:
10.2.1. servers and peripherals;
10.2.2. Software for installation on servers and peripherals, and
10.2.3. any other equipment listed in or implied by the terms of the Service Order.
10.3. The Customer will provide ActionOnline with the proposed specifications for the Customer System, and ActionOnline may at it sole instance:
10.3.1. accept the specifications, or
10.3.2. reject the specifications and require the Customer to provide fresh specifications.
10.4. Should ActionOnline and the Customer be unable to reach agreement on the specifications within a reasonable time, in that event either party may cancel the Service Order on written notice to the other, and ActionOnline will refund all monies paid by the Customer in respect of the service, less ActionOnline’s reasonable charges for Time and Materials in attempting to facilitate provision of the Service.
10.5. Should ActionOnline accept the specifications, in that event a representative of ActionOnline will oversee the installation of the Customer Equipment at the Premises. In no event may the Customer enter the Premises for this purpose unaccompanied.
10.6. ActionOnline will take reasonable measures to protect the Customer Equipment from damage from water, dirt, electrical power surge, or fire but makes no warranty in this regard.
10.7. The Customer will ensure that the Customer Equipment does not interfere, whether electronically or physically, with the normal operation of the System, or with the operation of any equipment belonging to other customers.
10.8. Ownership in the devices listed in clause 10.2 will remain vested in the Customer, subject to the provisions of the Standard Terms.
10.9. The Customer is encouraged to insure the Customer Equipment.
11. Hosting Support
11.1. ActionOnline’s support methodology utilizes the emergency room approach, where problems are graded for severity and responded to accordingly. Service outages of any type always receive top priority, followed by service-degrading factors, and general questions about server management. This ensures every Customer will receive the best support during the appropriate situation. ActionOnline’s experienced support team is available via e-mail and telephone from 08h00 - 17h00 SAST, Monday through Friday. Support issues reported via e-mail or via the Provider’s trouble ticketing system outside of the Provider’s standard support hours are responded to and resolved as quickly as possible. ActionOnline’s infrastructure is monitored by its advanced monitoring system, which checks the integrity and stability of the entire infrastructure every 30 seconds. Should a fault occur, the Provider’s technical staff are notified by sms and e-mail.
11.2. However, ActionOnline will be obliged to provide hosting support in respect of errors in the System only and, without limiting the aforegoing, will not be obliged to render assistance in respect of any of the following:
11.2.1. any error in the Customer System;
11.2.2. any error in third party equipment or Software.
11.2.3. give support for any system or software that is not provided by ActionOnline including but not limited to Microsoft solutions, internet browsers or any other 3rd party applications
11.3. If any ad hoc services are provided to the Customer by ActionOnline which are not set out in a Service Order or otherwise reflected in this document, ActionOnline will undertake such services on a Time and Materials basis; such services include without limitation the following:
11.3.1. development of any computer programme, including scripting;
11.3.2. Database development, including the creation of stored procedures, structures and triggers;
11.3.3. assistance with and debugging of Customer’s computer programmes; and
11.3.4. project management.
11.4. Should ActionOnline need to relocate the Customer Equipment within the ActionOnline Premises this will be treated as set out in the Standard Terms with the proviso that this will be done on no less than 5 (five) Business Days’ notice to the Customer.
11.5. If there is scheduled maintenance to be done the Customer 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.
12. Bandwidth and its Measurement
The following provisions will apply in respect of bandwidth:
12.1. ActionOnline will provide the Customer with access to a Software application that will allow the Customer to monitor its use of bandwidth, where available / applicable;
12.2. The Customer will have a duty to monitor its use of bandwidth.
12.3. ActionOnline however makes no warranty as to the accuracy of the information returned by such Software and particularly notes that the information reflected by it may be up to 48 (forty eight) hours out of date.
12.4. The Customer's use of bandwidth will be charged for as set out in the Service Order.
12.5. Should a Service Order include access by the Customer to a certain amount of bandwidth and the Customer exceeds this quantity, ActionOnline will charge the Customer for such excess bandwidth at a rate to be determined by ActionOnline from time to time. Information regarding such excess rate will be available on the ActionOnline Fee Schedule.
13. Domain Name Registration Services
13.1. If the Customer so requests in a Service Order, ActionOnline will register or renew an internet domain name or domain names on behalf of the Customer, subject to and upon payment of ActionOnline’s Fee for doing so.
13.2. If ActionOnline is not the registrar for a particular namespace it may make use of the services of accredited domain name registrars in provisioning domain names to the Customer. In that case, while ActionOnline strives to ensure that registration and subsequent DNS propagation is effected in the shortest period of time, ActionOnline cannot be held liable for any delays that may accompany the registration of domain names.
13.3. Where ActionOnline is an accredited registrar or reseller for a particular namespace, the Customer will be required to agree to the terms of the registrant agreement in respect of that name space before ActionOnline will provision a domain name in that name space for the Customer.
13.4. Whether ActionOnline is the registrar for a namespace or not, the Customer will be bound by the terms and conditions of the relevant domain name space under which any domain name registered on its behalf falls, and should become familiar with them. ActionOnline may post links to these terms and conditions purely as a convenience to the Customer.
13.5. ActionOnline does not operate an advisory service in respect of domain names, and makes no warranty that the Customer will be able to lawfully hold any particular domain name.
13.6. Any amount paid by ActionOnline to register or renew a domain name or to set-up the domain name on the ActionOnline System is not refundable.
13.7. Premium domains: As various registries worldwide mark high value domains as premium domains, these domains cost more. The provider will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the Customer have paid for domain which is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee or a refund of the price paid will be given to the customer and the premium domain will be marked for deletion.
13.8. Domain Availability: ActionOnline makes every effort to display accurate domain availability data and every attempt to secure a domain for the customer. On searching for a domain name via our / the registry WHOIS, the WHOIS service may show the domain as available however said domain may already be reserved / allocated / registered by another registrar or by another registrant. ActionOnline shall not be held responsible in the event of a Customer registering / paying for a domain while the WHOIS reflects different information. ActionOnline shall remit a full refund to the Customer in cases where this happens.
13.9. Time lapse between domain availability search and payment: As there is a time delay between the domain availability search, and the payment of the said domain, it may be possible that multiple parties are registering the same domain at the same time, the domain will be provisioned to the party that has paid first and the registry will reflect this party as the registrant.
13.10. Redemption Period: should a domain, .com, .net .co.za or any other local or international TLD enter the redemption period (This is the period after suspension by the Registry) there will be an addition cost to renew / take out of redemption as stipulated by the registry. Said redemption cost varies between Registries and includes the cost of renewal of domain for the next year.
13.11. ActionOnline will send the Customer a notification per email a reasonable time before the expiry of any domain name registration, but the Customer nonetheless has the duty to ensure that it renews any domain name in good time. ActionOnline will not be liable for any damage suffered by the Customer as a result of its failure to renew a domain name.
14.1. Customers are solely responsible for backing up their data and ActionOnline strongly encourages ALL Hosting Customers to do so as frequently and completely as possible. ActionOnline will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
14.2. ActionOnline may, in certain instances, offer a separate backup service in conjunction with hosting Services, and will make such backups available to Customers on request as and when they are available. However, ActionOnline does not warrant or guarantee the availability, completeness or “up to date” status of such backups. ActionOnline offers a website backup service at an additional fee and strongly recommends all customer to subscribe to this service in order to backup their website and / or data
14.3. Customers are ultimately responsible for their own data, and ActionOnline strongly encourages such Customers to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
14.4. ActionOnline also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Customer’s own risk and discretion - whether restored by ActionOnline by instruction from Customers or by Customers themselves. ActionOnline will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Customers on request.
15.1. ActionOnline will provide an environment suitable for the purposes of rendering the Services including but not limited to:
15.1.1. redundant electrical power supply;
15.1.2. air conditioning so as to maintain the ActionOnline Premises within a temperate range reasonable as determined by Good Industry Practice;
15.1.3. fire suppression at a level reasonable as determined by Good Industry Practice;
15.1.4. redundant switching infrastructure;
15.1.5. Closed-circuit television monitoring;
15.1.6. Facilities monitoring at a level reasonable as determined by Good Industry Practice;
15.1.7. Access control at a level reasonable as determined by Good Industry Practice;
15.2. Notwithstanding the above, ActionOnline gives no warranty in this regard beyond that given in the Standard Terms.
16. Access to the Premises
16.1. In the event that the ActionOnline is providing a collocation hosting Service as described above, ActionOnline will provide to the Customer, its employees, authorised representatives or agents, access to the Premises for the purposes of installation, testing, commissioning, operation, repair, upgrade and maintenance of the Customer Equipment at all times, subject to the following:
16.1.1. the Customer will provide ActionOnline with reasonable written notice of its intention to access the ActionOnline Premises,
16.1.2. access will be subject to such reasonable security procedures as may be determined by ActionOnline from time to time,
16.1.3. the Customer notes that ActionOnline may not be the owner of the premises and consequently undertakes to comply with any conditions for access imposed by the owner, and
16.1.4. ActionOnline reserves the right to insist that a ActionOnline employee be present at all times contemplated in this clause 16.1.
16.2. Otherwise than as set out in clause 16.1, the Customer will not be allowed access to the ActionOnline Premises unless such access is agreed to in writing by ActionOnline, which may impose whatever conditions it sees fit in order to ensure the security of the ActionOnline Premises including without limitation the presentation of appropriate identification such as a South African identity document, passport or driver’s license.
16.3. No person not in the employ of ActionOnline will be granted access to the Customer Equipment without the prior written consent of the Customer, save in the event of an emergency.
17. Service Levels
17.1. The uptime guarantees, and the resulting SLA (Service Level Agreement) credits, are applied in monthly terms unless otherwise specified. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.
17.2. SLA Credit Claim:
17.2.1. To properly claim an SLA credit, the dedicated server Customer must open an SLA ticket, located at http://support.domains.co.za, within seven days of the purported outage. The Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable.
17.2.2. The SLA claim will be researched by the appropriate department and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered, or traded with other actiononline.co.zaCustomers. Please allow up to fourteen (14) days for the processing of SLA claims.
17.2.3. ActionOnline will credit the Customer pro rata for the Fees paid for the period during which the Service was unavailable.
17.2.4. The Customer may not claim damages, either direct or indirect, from ActionOnline in respect of the downtime, and this will be the only compensation that the Customer can claim from ActionOnline in this regard, despite any differing provision of the Standard Terms.
17.2.5. The liability of ActionOnline for failing to achieve the minimum service availability in terms of the section above, will be limited to ActionOnline issuing a SLA credit to the Customer, as defined in section SLA Credit Claim and shall never exceed a single month’s billing paid by the Customer.
17.3. Service Levels and Omissions: For the purpose of this section, service availability shall mean the availability of the data traffic, sufficient power, and HVAC services, measured from 0:00 to 0:00 each day over a one month period, provided that no one month period shall be used more than once for the purpose of calculating penalties in terms of the section below.
17.4. Infrastructure: ActionOnline guarantees 99.9% uptime on service availability to Customers located in its hosting facilities. All computer equipment and related services are served by redundant UPS power units, with backup onsite diesel generators. All servers are connected to ActionOnline’s redundant gigabit network infrastructure. Specific guarantees with SLA information are listed in the table below.
17.5. Hardware: ActionOnline guarantees the replacement of failed hardware, and hardware components, located within its hosting facilities. ActionOnline guarantees a failed hardware component will be replaced within four business hours of Customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information are listed below.
17.6. Exclusions: Customers shall be entitled to service availability of 99.9 % uptime, subject to the exclusion of:
17.6.1. Customers currently in arrears for monthly services, do not qualify for SLA claims.
17.6.2. Customers who have been in payment arrears three or more times in the previous twelve months, do not qualify for SLA claims.
17.6.3. Network, or Power maintenance, enhancements, upgrades and modifications thereto do not qualify for SLA claims.
17.6.4. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, malicious or aggressive internet activities by the Customer, thereby causing attacks or counter-attacks.
17.6.5. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, upstream network service providers such as Telkom.
17.6.6. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, any network, or telecommunication facilities, which do not reside inside ActionOnline’s network.
17.6.7. Downtime, outage, interruption in, or unavailability of, the services arising out of any force majeure.
17.6.8. Downtime, outage, interruption in, or unavailability of, the services caused by any action, or omission of the Customer, including but without limitation to, operating errors, abnormal operating conditions, improper use, misuse, neglect or abuse of the services.
17.7. ActionOnline makes use of upstream providers to itself provide the Services, and consequently service levels are subject to the performance of such upstream suppliers. As a result, ActionOnline can only provide the Service on a “reasonable effort” basis and makes no warranties as regards quality of the Services, including data throughput and availability of the Services.
17.8. The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Customer’s access, for which ActionOnline accepts no responsibility.
18. Effect of Termination
18.1. Termination, by the Customer or ActionOnline, will result in any data being permanently removed from ActionOnline’s servers. Customers are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. ActionOnline will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by ActionOnline will be made for legal purposes and not for data retention purposes and will not necessarily be made available to customers on request.
19. Money back guarantee
19.1. actiononline.co.zaoffers a 60 Day Money-back Guarantee if you are not satisfied with our service. We believe in our products and services and will provide either a full return, or a partial return of money, dependant on usage and / or product in question.
19.2. actiononline.co.zadoes reserve the right to reject a refund if the service has been partially or wholly utilised by the client.
20.1.1. Domains offer free installation of the SSL if hosted on our platform
21. Take Down Notice
The Provider has appointed Internet Service Providers' Association (ISPA) as its Agent for the receipt of Take-Down Notices, please contact them in this regard per the contact information below:
Address: PO Box 3423, Parklands, 2121
Telephone: +27 11 314 7751
22. ICANN - UDRP (Uniform Domain-Name Dispute-Resolution Policy)
All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
23. The Provider’s actiononline.co.zaAffiliates
23.1. The Customer’s affiliate commission, is not applicable to discounted store sign-ups, specials, domain registrations or renewals.
23.2. The Customer’s affiliate commission / revenue share, may vary as new products and services are supplied by the Provider to the Customer’s clients.
23.3. The Provider‘s actiononline.co.zaAffiliate commission will vary based on the product / service sold and excludes items as reflected in 24.1 above
23.4. Affiliate Revenue may only be withdrawn once it exceeds a value of R500.00
23.5. Upon receiving a written request from the Affiliate, this amount may be utilised toward the Affiliate’s paid account, or alternatively, it will be transferred via EFT.
23.6. Payment delay: the Provider does batch processing of payments once a month, therefore payment will be effected 30 days after your written request has been received.