Our Policies

This acceptable use policy governs your use of our services (“Hosting Services”). Your use of the Hosting Services means that you accept and agree to abide by all the policies in this acceptable use policy, which supplement our terms and conditions. Gewape Cloud (Pty) Ltd may modify this Acceptable Use Policy without notice.

It would be best not to allow a third party to access or use the Hosting Services. However, if you have purchased one of our reseller hosting packages, you can enable a third party (a “Third Party”) to access or use the Hosting Services. If you do so, they will also be regulated by this acceptable use policy. As such, you will monitor the use of the Hosting Services by a Third Party and ensure that they abide by this proper use policy. A breach of this good use policy by a Third Party will be deemed a breach of this fair use policy by you.

The Hosting Services are provided by Gewape Cloud (Pty) Ltd (“we,” “us,” and “our”). We are registered in South Africa under business registration number 202287013807 and have our office in Johannesburg, South Africa.

A. RESOURCE USAGE

1. The Shared Hosting Services comprise web space on our servers, enabling you to upload pages and files for publishing websites.
2. The Shared Hosting Services allow you ‘unlimited’ server space for regular routine-distribution” web usage. We reserve the right to impose a bandwidth limit of two hundred and fifty (250) gigabytes per calendar month for websites that allow downloading video, audio, or other files.
3. non-file-distribution usage will remain unaffected by any limit imposed on downloading video, audio, or other files.
4. In your use of the Shared Hosting Services (other than where you are using your virtual private server), you may not:
a. use more than 10% of our platform’s processing capacity. Numerous activities could cause such problems, including (but not limited to) CGI scripts and intensive FTP, PHP, or HTTP operations.
b. run stand-alone, unattended server-side processes or any daemons, including (but not limited to) IRCd
c. run any web spider or indexer.
d. run any software that interfaces with an Internet Relay Chat network.
e., run any bit torrent application, tracker, or client. You may link to legal torrent files off-site but not host or store them on our servers.
f. participates in any file-sharing/peer-to-peer activities.
g. run any gaming servers.
h. run entries or other scheduled tasks other than by configuring them through our control panel.
i., give away web space under a domain (including Resellers giving away free websites)
j. operates a proxy website or service.
k. as a remote file host for other websites
l. operates self-hosted file sync or similar “cloud storage” based services, including (but not limited to) OwnCloud, Pydio, and Sparkleshare.
5. It would be best not to use the Hosting Services as an offsite backup facility. Therefore, all files uploaded to our servers as part of your usage of the Hosting Services must be visible and accessible to the outside world (web-visible) unless they are needed to operate the website of which they form part. We reserve the right to delete files or directories that are not web-visible without giving notice to you.
6. All website pages stored on our servers as part of the Hosting Services will be available to search engines unless you take action to prevent this. If you wish to optimize your web pages for search engines, you agree to use coding and techniques that comply with the guidelines issued by Google, Bing, Yahoo, and other large search engines.
7. MySQL Databases are limited to 1024 megabytes; we will notify you when they reach this size.
8. If you are a Reseller and deactivate a resold web hosting account, we will delete it after 50 days.

B. PROHIBITED USES

1. You may use the Hosting Services only for lawful purposes. You may not use the Hosting Services:
a. in any way that breaches any applicable local, national, or international law or regulation.
b. in any unlawful or fraudulent way or has any unlawful or fraudulent purpose or effect.
c. to harm or attempt to harm minors in any way.
d. to send, knowingly receive, upload, download, use, or re-use any material that does not comply with our content standards (see below)
e. to transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (also known as SPAM – see below)
f.to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware, or any other harmful programs or similar computer code designed to affect the operation of any computer software or hardware adversely.

C. CONTENT STANDARDS

1. These content standards apply to all material you allow hosted through the Hosting Services and any associated interactive services.
2. You must comply with the spirit of the following standards. The standards apply to each part of any Material and its whole.
3. Material must:
a. be accurate (where they state facts)
b. be genuinely held (where they state opinions)
c. complies with applicable law in South Africa and in any country from which they are posted.
4. The material must not:
a. contains any material which is defamatory to any person.
b. contains any obscene, offensive, hateful, or inflammatory material.
c. contains any material that is pornographic.
d. promotes violence.
e. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
f. infringes any copyright, database right, or trademark of any other person.
g. be likely to deceive any person.
h. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
i. promotes any illegal activity.
j. threatens, abuses, invades another’s privacy, or causes annoyance, inconvenience, or needless anxiety.
k. be likely to harass, upset, embarrass, alarm, or annoy any other person.
l. is used to impersonate any person, or to misrepresent your identity or affiliation with any person.
m. gives the impression that they emanate from us. If this is not the case
n. advocate, promote, or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

D. ZERO TOLERANCE SPAM POLICY

1. We take a zero-tolerance stance against sending unsolicited, bulk, and spam emails. We may terminate the account of any user who sends out spam with or without notice.
2. Websites advertised as spam may not be hosted on our servers. This provision includes but is not limited to. Spam is sent via fax, phone, postal mail, email, instant messaging, or newsgroups. Any user account which results in our IP space being blacklisted will be immediately suspended and terminated.
3. Gewape Cloud (Pty) Ltd reserves the right to require changes or disable as necessary any website, account, database, or component that does not comply with our policy
4. Gewape Cloud (Pty) Ltd reserves the right to charge the holder of the account used to send any unsolicited email, a clean-up fee, or any charges incurred for blacklist removal at our sole discretion

E. RESELLING

You agree not to:

1. re-sell or offer for the use of third parties any part of our Hosting Services unless a specific Reseller product has been purchased,
2. not to access without authority, interfere with, damage, or disrupt
i. any part of the Hosting Services
ii. any equipment or network used to provide the Hosting Services
iii. any software used in the provision of the Hosting Services
iv. any equipment network, or software owned or used by any third party.
3. If you deactivate a resold Hosting Service for 50 consecutive days, we will automatically delete this Hosting Service.
4. You are responsible for the excellent housekeeping of your Reseller Service. You agree to delete files and Hosting Services that are no longer required.

F. SUSPENSION AND TERMINATION

1. at our discretion, we will determine whether there has been a breach of this acceptable use policy through your use of the Hosting Services. When a breach of this policy has occurred, we may take such action as we deem appropriate.
2. Failure to comply with this acceptable use policy constitutes a material breach of our terms and conditions of sale upon which you are permitted to use the Hosting Services. It may result in our taking all or any of the following actions:
a. immediate, temporary, or permanent withdrawal of your right to use the Hosting Services
b. immediate, temporary, or permanent removal of any Material (as defined in paragraph 5.1) uploaded to our servers.
c. issue a warning to you
d. issue of legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
e. further legal action against you
f. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

G. CHANGES TO OUR ACCEPTABLE USE POLICY

1. We may revise this acceptable use policy at any time by amending this page. You are expected to check this page occasionally to take notice of any changes we make, as they are legally binding on you.
 

This policy (together with any ancillary documents referred to in it) sets out the basis for processing any personal data we collect from you or that you provide.

Please read the following carefully to understand how we will treat and regard your data.

About us

We are registered in South Africa under business registration number 202287013807, and our registered office is in Johannesburg, South Africa.

Megabit Cloud is a brand of Gewape Cloud (Pty) Ltd a registered company in South Africa under business registration number 202287013807, and we have our registered office in Johannesburg, South Africa.

Megabit Cloud may be both a data controller and a personal data processor. Our designated Data Protection Officer can be contacted at our registered address.

What information do we collect?

Any personal information that you provide by filling in forms on our website. This includes information provided when registering an account, purchasing services from us, or requesting further services. We may also ask you for information when you report a problem with our site or the services you have purchased.

If you contact us by letter or email, records of the correspondence may be kept.

Details of transactions you carry through our site and the fulfillment and administration of your orders.

We also record technical data such as your operating system, browser type, referring / exit pages and URLs, number of clicks, domain names, and pages viewed in our server logs. This information is used for marketing and security purposes.

In the circumstances where we are acting as a data processor, we shall only act on our customer's instructions as the data controller. Suppose you provide us with personal data about a third party (for example, when registering a domain on their behalf). In that case, you warrant that you have obtained express consent from the third party to disclose and use their data.

How we use personal data

• To register a customer account.
• To process orders that you have placed with us.
• To handle customer service and career inquiries.
• To ensure that content from our site is presented most effectively for you and your computer.
• To provide you with information, products, or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.
• To carry out our obligations arising from any contracts between you and us.
• To allow you to participate in interactive features of our service when you choose to do so.
• To notify you about changes to our service.
• To carry out marketing and statistical analysis

For the avoidance of doubt, Megabit Cloud  will never sell your personal data to third parties.

Automatic decision making

We may use the information provided by you to make automatic decisions about the acceptance of orders you place. This helps us combat fraud and abuse; this information never leaves our network.

Where we store your data

The personal data we collect from you will be stored on our servers inside South Africa.  We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with the data protection policy and our data protection policies.

Data retention

We only retain your personal data for as long as we need it to fulfill the purposes for which we have initially collected it unless otherwise required by law. We will retain and use information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements as follows:

• Invoice data is kept for a minimum of 6 years.
• Log files are rotated every 12 weeks. However, anonymized data may be kept for longer.

Megabit Cloud keeps a backup of all files and databases. Megabit Cloud keeps daily and weekly backups for reseller plans and VPS servers. Megabit Cloud keeps daily and weekly backups for the web hosting and reseller plans.

The customer agrees to use Megabit Cloud’s backups at his own risk. Megabit Cloud doesn’t always guarantee the existence of backups and recommends the Customer to always store their backups.

Your rights

Unless subject to an exemption under the data protection policy, you have the following rights concerning your data: –

• The right to request a copy of our data about you.
• The right to request that we correct any personal data if it is found to be inaccurate or out of date. You can view, edit, and remove your data through the Megabit Cloud control panel.
• The right to object to our use of your personal data and request your data be erased where it is no longer necessary for us to retain such data. This is known as your right to be forgotten. Please note that there may be legal reasons why we must keep your data, but please inform us if you think we are retaining or misusing your data.
• You have the right to ask us not to process your data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by following the Unsubscribe link at the bottom of any emails we send, contacting Customer Services, or writing to us at Gewape Cloud (Pty) Ltd, 222 Smith Street 21st, Johannesburg. 

Who do we share your information with?

By entering into this agreement, you agree to data processing by the third parties listed below. When we introduce any new or change any existing third-party agreements, we will ensure this policy is updated at least 30 days before the new third party processes any data. 

Data breaches

In the event of a data breach, the affected individuals will be contacted within the timescales specified in the data protection policy, it will be reported to the Information Commissioner, and a full report – highlighting any risks – will be provided.

How we use cookies

We may obtain information about your general Internet usage by using a cookie file, which is stored on your computer's hard drive. Cookies contain information that is transferred to your computer’s hard drive. They help us to improve our site and to deliver a better and more personalized service. They enable us:

• To estimate our audience size and usage pattern.
• To store information about your preferences, allowing us to customize our site according to your interests.
• To speed up your searches.
• To recognize you when you return to our site.
• Remarketing – For example, once you have visited our website, you may see Megabit Cloud adverts to remind you of our products. We also use cookies to exclude existing customers from seeing our adverts.

You may refuse to accept cookies by activating the settings on your browser, which allows you to reject the settings of cookies. However, if you select this setting, you may be unable to access certain parts of our site. Unless you have adjusted your browser setting to refuse cookies, our system will issue cookies when you log on to our site.

Third-party links

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers, and affiliates. If you follow a link to any of these websites, please note that they have their privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Changes to this policy

We keep our privacy policy under regular review and will place any updates on this web page. This privacy policy was last updated on 5 September 2023.

How to contact us

• please get in touch with us if you have any questions about our privacy policy or information we hold about you: https://www.megabit.cloud/contact – You can also write to our registered address: Gewape Cloud  (Pty) Ltd, 222 Smith Street 21st, Johannesburg. 

This page tells you the terms and conditions on which we supply our services described on our website www.megabitcloud.com  to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”)

Please read these terms and conditions carefully before ordering any Services from our website. These terms and conditions will bind you by ordering any of our Services. Refusal to accept these Terms and Conditions will result in no Services from our website being able to be ordered. We recommend you read the terms carefully, printing a copy of your records if required.

1. INFORMATION ABOUT US

• Megabitcloud.com   is a site operated by Gewape Cloud (Pty) Ltd (“we,” “us,” and “our”). Gewape (Pty) Ltd is a registered company in South Africa under business registration number 202287013807, and we have our registered office in Johannesburg, South Africa.
• Please note that by placing an order for the Services, you consent to us sending you our regular newsletter by email. This forms our primary method of communicating with you and will inform you of any changes to our services, billing, planned maintenance, and account access information.

1.2 The Republic of South Africa's laws will govern contracts for purchasing Services through our site. Any dispute arising from, or related to, such the Contract shall be subject to the exclusive jurisdiction of the courts of South Africa. English is the language offered to conclude the contract between us both.

2. YOUR STATUS

2.1. By placing an order through our website, you warrant that:

2.1.1. You are legally capable of entering into binding contracts.

2.1.2. You are at least 18 years old.

2.2. If you act on behalf of a company or other business, you further guarantee that you have the authority to bind that company or business on whose behalf you place an order.

3. THE ORDER PROCESS

3.1. You can only place an order with us for Services once you have successfully registered an account with us. Information you provide while registering an account must be complete and accurate. By creating an account, you agree that we may block access to the account and the Services we supply if we reasonably believe that the information you have provided is inaccurate. You must keep your username and password private and not allow anyone else to use it. You must contact us should you believe your username or password has become known to someone else.

3.2. Before you submit an order, you will be shown a summary on screen, including details of the Services you wish to order and the price payable. There will be an option to amend/correct any errors before proceeding to the completion of the order.

3.3. Before being able to submit an order, you will be required to pay online. We also accept paperless direct debit; however, you may need to pay online on your first order.

3.4. Once an order has been placed, we will provide you with confirmation of the Services you have ordered. This confirmation will be sent to the email address registered to your account. Copies of previous invoices will be stored on your account.

4. HOW THE CONTRACT IS FORMED BETWEEN YOU AND US

4.1. After placing an order, you will receive an e-mail from us accepting your order and, if appropriate, letting you know that the Service you have purchased has been activated (“Acceptance Confirmation”). Your order constitutes an offer to us to buy our Services, and all orders are subject to our acceptance.

4.2. The contract between us (“Contract”) will only be formed when we send you the Acceptance Confirmation. We may also decline your order for the Services for any reason, in which case we will tell you so.

4.3. The Contract will relate only to those Services we have confirmed in the Acceptance Confirmation. We will not be obliged to supply any other Services which may have been part of your order until such Services have been confirmed.

5. OUR STATUS

5.1. We may provide links on our site to other companies' websites, whether affiliated with us or not. We cannot give any undertaking that products or services you purchase from companies to whose website we have provided a link on our website will be of satisfactory quality. We disclaim any such warranties.

5.2. Any disclaimer does not affect your statutory rights against the third-party seller.

6. CONSUMER RIGHTS

6.1. If you are buying as a consumer (i.e., not within the course of your business), ordinarily, the Consumer Contract Regulations allow you to cancel the Contract within 15 working days, beginning the day after you receive the Acceptance Confirmation.

6.2. However, by placing your order for the Services, you agree to us starting supply of those Services before the end of the seven working-day cancellation period referred to here. As such, you will not have the right to cancel the Contract under the Consumer Contract Regulations

6.3. This provision does not otherwise affect your statutory rights.

7. OUR LIMITED MONEY BACK GUARANTEE

7.1. Once the Contact has been formed, you may cancel the Contract concerning the Hosting Service you purchased.

7.2. In such cases, you may cancel within 30 days, beginning the day after you receive the Acceptance Confirmation. If you do so, you will receive a full refund of the price paid for the Hosting Service you have canceled. We will refund the price you have paid to the credit card, debit card, or other account you used to make that payment. No additional refund will be made, and it will be limited to one per customer.

7.3. To cancel the Contract, you must inform by raising a support ticket before the end of the 30 days mentioned in clause 7.2 above. As part of our cancellation process, we will respond to you to confirm your cancellation request. You must re-confirm your cancellation request by replying to this confirmation, or we will continue to supply the Hosting Service, and your cancellation will be ineffective. This ensures we do not delete any data you need to retain.

7.4. In summary, the Services which may not be canceled under the limited money-back guarantee include (but are not limited to):

7.4.1. Domain Registration and Domain Registration Renewals.

7.4.2. Private SSL certificates.

7.4.3. Addons Products

7.4.4. Virtual Private Servers (VPS) and associated products.

8. PRICE AND PAYMENT

8.1. The price of any Services will be as quoted on our website (exclusive of VAT).

8.2. The total cost of your order of the Services will be set out clearly before you submit your order for the Services.

8.3. Prices are liable to change at any time. We will notify you of a price change at least 14 days before the price increase occurs. If you do not cancel, you will be deemed to have accepted the new prices, which will be charged to your account.

8.4. Due to the number of Services offered for sale, it is possible that, despite our efforts, some Services may be incorrectly priced. We deal with these situations accordingly:

8.4.1 Where a Service’s correct price exceeds our stated price, we will charge the lower amount when accepting your order.

8.4.2 If a Service’s correct price is higher than the price stated on our website, we will usually contact you for instructions before accepting your order, and

8.4.3 We are under no obligation to provide the Services to you at the incorrect (lower) price, even after we have sent you an Acceptance Confirmation

8.5. We reserve the right to seek to recover any outstanding amounts due by you by other means, including referring the debt to an external debt recovery agent if necessary. If this method is sought, you may become liable for additional fees and agree to pay such charges in addition to the outstanding amount owed to us.

8.6. Time for payment shall be of the essence. No payment shall be deemed to have been received until we have received cleared funds. Suppose your credit card provider or bank does not authorize your payment method. In that case, you authorize us to seek payment from any other credit card, debit card, or direct debit registered against your account.

8.7. If we fail to authorize payment, your account may be suspended.

9. QUALITY

9.1. We warrant that (subject to the other provisions of these terms and conditions) any Services purchased from us through our website will be provided with reasonable care and skill.

9.2. We will not be liable for a breach of the warranty provided above unless:

9.2.1. You give written notice of the breach to us.

9.2.2. We are given a reasonable opportunity after receiving the notice to examine our provision of the Services to you.

9.2.3. the problem arises because you failed to follow our oral or written instructions as to the use of the Services (if there are any)

9.2.4. you alter the Services without our written consent.

9.2.5. the problem arises because of misuse.

9.3. If we breach the warranty in accordance with the clause above, we will use all reasonable commercial efforts to remedy the breach promptly or refund the price of the Services at the pro rata Contract price.

9.4. By accepting these terms, you acknowledge that you have not relied on any statement, promise, or representation made or given by or on our behalf which is not set out on our website or otherwise confirmed in writing by us. Nothing in this clause will exclude or limit our liability to you for fraudulent misrepresentation.

10. ACCESS TO THE HOSTING SERVICE

10.1. You are responsible for ensuring the necessary arrangements for access to our Hosting Services are in place.

10.2. You are also responsible for ensuring that all people who access our Services through your Internet connection know these terms and conditions (and our acceptable use policy).

11. HOSTING SERVICE LEVELS

11.1. We do not warrant access to our servers will be uninterrupted or error-free, but we shall make reasonable efforts to keep downtime to a minimum.

12. IP ADDRESSES

12.1. You will have no right, title, or interest in any internet protocol address (“IP address”) allocated to you throughout use upon the expiry or termination of Services.

12.2. Any IP address allocated to you is allocated as part of the Hosting Service you purchased and is not portable or otherwise transferable by you in any manner whatsoever.

12.3. If an IP address is re-numbered or re-allocated by us, we shall use our reasonable endeavors to avoid any disruption to you.

13. BACK-UP OF YOUR MATERIAL AND OUR SERVERS

13.1. You are responsible for maintaining appropriate and up-to-date backup copies of any data, information, or other material you upload onto our servers for using the Hosting Services. We provide free tools for website and database backups in our control panels. In the event of loss of or damage to your material, you will not be given access to the server backup we maintain pursuant to our archiving procedure.

13.2. We will follow our archiving procedures for the data stored on our servers.

13.3. We will not be responsible for any loss, destruction, alteration, or disclosure of your Material caused by you or any third party.

14. HOSTING SERVICE USAGE LIMITATIONS

14.1. The Hosting Service package you order includes the per calendar month bandwidth allowance applicable to that hosting package, as this is set out on this website at the time of your order.

14.2. The Hosting Service you have ordered will be automatically suspended if this monthly bandwidth allowance is exceeded. If this happens, you may upgrade your Hosting Service package to one with a higher monthly bandwidth allowance or wait for the Hosting Service to resume at the start of the following calendar month. You can monitor your monthly bandwidth usage in our control panel.

14.3. Unless the Hosting Service package you order includes a virtual private server, you will only be allowed to use a maximum of 10% of our server’s processing capacity when using the Hosting Service package you order.

14.4. We may allow your usage to exceed this CPU limitation, and we will speak to you about your hosting requirements if your usage has a detrimental effect on our other customers. Please note that this right is at our absolute discretion,

14.5. The Hosting Service package you order includes the number of mailboxes applicable to that hosting package, as this is set out on our website at the time of your order.

14.6. Any mailboxes not accessed for 100 clear days will be automatically deleted from our system.

14.7. When using the Services, you must comply with our Terms of Website Use and Acceptable Use Policy. Any conflict between our terms of website use and these terms and conditions will be resolved in favor of these terms and conditions.

14.8. A breach of either the Website Terms of Use or Acceptable Use policy will entitle us to terminate the provision of Services to you.

15. SUPPORT

15.1. Our support team will help resolve any problems with the Services you are receiving. We will not provide programming support to you, but, as part of our Hosting Services, our servers are compatible with many programming languages.

15.2. We do not provide telephone technical support. Support is provided via an online support ticket or online chat.

16. DOMAIN NAMES

16.1. Where the Contract includes our Domain Registration and Renewal Service:

16.1.1. we will endeavor to procure the registration of the domain name you request.

16.1.2. We will not be liable if the relevant domain name registry refuses to register the domain name you request, or subsequently suspends or revokes any registration for that domain name.

16.1.3. We shall not act as your agent or on your behalf in any dealings with the domain name registry.

16.1.4. The registration of the domain name you request, and its ongoing use is subject to the relevant domain name registry’s terms and conditions of use, which you should consider.

16.1.5. You are responsible for ensuring that you are aware of the terms so that you can comply with them.

16.1.6. the domain name you request will only be successfully registered when you appear as the registrant on the top-level domain name registrar's appropriate “WHOIS” database.

16.1.7. we shall have the absolute discretion to require you to select a replacement domain name to the one you have requested to be registered, and may suspend or terminate our performance of the Domain Registration and Renewal Service, if, in our opinion, there are reasonable grounds for us to believe that your current choice of name is, may or is likely to be in bad faith, breach of the provisions of these terms and conditions or any legal or regulatory requirement.

16.1.8. you confirm and warrant that you are the owner of any trademark in any domain name (or have the authority of the owner of any trademark to use such name) that you have requested be registered.

16.2. You confirm and warrant that you are the legal owner of any domain name (or have the authority of the legal owner to use such domain name) supplied by you or otherwise authorized by you for use as a domain name in connection with any website in relation to which the Hosting Service supplied to you is used.

16.3. Once the domain name has been successfully registered, it must be renewed periodically to ensure you retain your registration. We will send you renewal notices 30 days and seven days before the renewal date of your registered domain name. These notices will be sent to the email address then registered against your account.

16.4. You hereby authorize us to automatically renew the domain name for you unless you have canceled the Domain Registration and Renewal Service in accordance with these terms and conditions.

16.5. The renewal price will be set out on the renewals page of the customer administration area and will be charged against one of the payment methods then registered against your account.

16.6. You acknowledge and agree that we may place several locks on any domain registered with us either at the time of registration or at any time after that and without further notice to you.

17. INTELLECTUAL PROPERTY RIGHTS

17.1. You retain all intellectual property rights in your material, and you grant us a worldwide, non-exclusive, royalty-free license to use, store, and maintain your material on our servers and publish it on the Internet to provide the Hosting Service to you.

17.2. You warrant that your material does not infringe the intellectual property rights of any third party, and you have the authority to grant the license to us. We may make copies necessary to perform our obligations, including backup copies of your material.

17.3. You will defend, indemnify, and hold us harmless against claims, actions, proceedings, losses, damages, expenses, and costs (including, without limitation, court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.

17.4. If you download software from our website, we grant you a non-exclusive, non-transferable, royalty-free license to use that software for the purpose set out on our website in relation to that software. Such license will automatically terminate when we terminate providing the Hosting Services to you.

17.5. Any third-party software you download from our website shall be licensed to you on the standard software license terms of the owner of the intellectual property rights in that third-party software, as those license terms are notified to you when you download such software.

17.6. We retain all intellectual property rights in the Hosting Services (other than in your material) and our software. You must not disassemble the Hosting Services or our software.

17.7. We will defend you against any claim that the Hosting Services infringe any South African intellectual property rights of a third party and shall indemnify you for any amounts awarded against you in judgment or settlement of such claims, provided that.

17.7.1. you give prompt notice of any such claim.

17.7.2. you make no admissions or settlements without our prior written consent.

17.7.3. You provide reasonable cooperation to us in the defense and settlement of such a claim at your expense.

17.7.4. we are given sole authority to defend or settle the claim.

18. OUR LIABILITY

18.1. We do not monitor and will not have any liability for your material or any other communication you transmit by the Hosting Services.

18.2. Due to the public nature of the Internet, we shall not be liable for the protection of the privacy of electronic mail or any other information transferred through the Internet or via any network provider

18.3. No guarantee or representation is given that the Hosting Services will be free from security incidents or unauthorized users.

18.4. All conditions, terms, representations, and warranties not expressly set out in these terms and conditions (or the documents referred to in them) are hereby expressly excluded.

18.5. We do not exclude or limit in any way our liability:

18.5.1. for death or personal injury caused by our negligence.

18.5.2. under the Consumer Protection Act

18.5.3. for fraud or fraudulent misrepresentation

18.5.4. for any matter for which it would be illegal to exclude or attempt to exclude our liability.

18.6. We will not be responsible for the following types of losses (in each case, whether direct, indirect, or consequential) and whether our negligence causes them or otherwise:

18.6.1. loss of income or revenue.

18.6.2. loss of business.

18.6.3. loss of profits or contracts.

18.6.4. loss of anticipated savings.

18.6.5. loss of goodwill.

18.6.6. loss of software or data.

18.6.7. wasted expenditure (such as pay-per-click advertising costs).

18.6.8. wasted management or office time.

18.7. Subject to these terms and conditions, our maximum aggregate liability under or in connection with the performance or contemplated performance of the Contract, whether in contract, tort (including negligence), or otherwise, shall in no circumstances exceed 100% of the price you have paid to us for the Services during the 12 months preceding the event giving rise to the liability in question.

18.8. You are advised to acquire business interruption insurance or other appropriate insurance to protect you and your business in the event of interruption of the Services (notably, the Hosting Service).

18.9. Where you buy any product or service from a third-party seller by following a link on our website to such third party’s website, the seller’s liability will be set out in the seller’s terms and conditions. You should consult such terms and conditions.

19. DURATION OF THE SERVICES AND CANCELLATION

19.1. The part of the Contract relating to our Domain Registration and Renewal Service will commence when we send you our Acceptance Confirmation. It will continue until:

19.1.1. we have registered the domain name you requested (the “Domain Name”), and you subsequently asked us not to renew the registration of your Domain Name

19.1.2. we terminate the supply of our Domain Registration and Renewal Service by notice to you because:

19.1.2.1. The Domain Name is no longer available for registration.

19.1.2.2. You are in breach of the terms and conditions herewith.

19.1.2.3. of some other reason preventing the registration of the Domain Name.

19.2. If we terminate the Domain Registration and Renewal Service under the clauses of this agreement, we will refund the price you have paid for the Domain Registration and Renewal Service to the credit card, debit card, or other account you used to make the payment.

19.3. That part of the Contract relating to Services other than our Domain Registration and Renewal Service will commence when we send you our Acceptance Confirmation. Unless such Services are terminated as provided in this clause, they shall continue for the minimum period that applies to the Service you have purchased (“Minimum Term”). After the expiry of the Minimum Term, they will continue a month-to-month basis until terminated:

19.3.1. by you, as a Consumer, informing us of your decision to cancel the Contract by a clear statement. This should be via online support ticket or support live chat.

19.3.2. by you, as a business customer, informing us of your decision to cancel the Contract. This should be via an online support ticket or support live chat.

19.3.3. by us giving you at least 30 days advanced notice in writing sent to the current email address registered against your account.

19.3.4. by exercising your right as a Consumer to cancel the Contract(s) within the “cooling off period,” i.e., within 14 days of purchase.

19.3.5. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired. We request that you do this at least two working days before the cancellation date. Please note that the cooling-off period only applies to Consumers, not Business Customers.

19.4. As part of our cancellation process, you must re-confirm your cancellation request via our support ticket system or support live chat system. Otherwise, we will continue to supply the relevant Services, and your cancellation will be ineffective. You cannot cancel any of your Services by letter, email, or telephone.

19.5. The monthly price for Services we supply under Contracts that continue on a month-to-month basis shall be charged monthly in advance directly to a credit card, debit card, paperless direct debit, or other payment method registered against your account. Such payment will be taken on the same date of the month (or if no such date occurs, then on the last day of the month) as on which the Services had originally commenced (“Payment Date”) unless or until you cancel the Services in accordance with these terms and conditions.

19.6. We will not provide you with a refund for a cancellation that is part-way through the billing period.

19.7. Without prejudice to any other right to terminate or suspend the Services we may have under these terms and conditions, our Terms of Website Use, or our Acceptable Use Policy, we may terminate the Contract at any time by giving you 30 days’ advance notice by emailing you at the email address registered against your account.

19.8. If we cancel the Services, we will refund to you the price you have paid for the Services on a pro-rata basis for the unexpired Minimum Term

19.9. Notwithstanding anything contrary to these terms and conditions, if you breach an obligation of these terms and conditions, we may terminate the Contract by seven days’ notice to you.

19.10. Expiry or termination of the Contract shall be without prejudice to any rights and liability of either of us arising in any way under that Contract as at the date of expiry or termination.

20. DELETION OF YOUR DATA

20.1. If you cancel your Services, any data we hold or host in relation to the Services you have canceled will be immediately and permanently deleted from our system.

20.2. Accordingly, you are strongly advised to make appropriate copies of such data before you cancel your Services.

21. ADDITIONAL TERMS

21.1. Additional terms and conditions may apply to our offers. If so, you will be advised of them at the relevant point.

22. WRITTEN COMMUNICATIONS

22.1. Applicable laws require that some of the information or communications we send to you should be in writing. When using our website, you accept that communication with us will be mainly electronic.

22.2. We will contact you by e-mail or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and acknowledge that all contracts, notices, information, and other communications we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.

23. NOTICES

23.1. All notices you give us must be given through our online system.

23.2. We may notify you at either the then-current e-mail or postal address registered against your account with us.

24. THIRD-PARTY RIGHTS AND TRANSFER OF RIGHTS AND OBLIGATIONS

24.1. Neither you nor we intend that any term of the Contract will be enforceable by the Contracts (Rights of Third Parties) by any person who is not a party to it.

24.2. The Contract is binding on you and us and our respective successors and assigns.

24.3. Without our prior written consent, you may not transfer, assign, charge, or otherwise dispose of the Contract or any of your rights or obligations arising under it.

24.4. We may transfer, assign, charge, sub-contract, or otherwise dispose of the Contract or any of our rights or obligations arising under it, at any time during the term of the Contract.

25. EVENTS OUTSIDE OUR CONTROL

25.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under the Contract caused by events outside our reasonable control (“Force Majeure Event”).

25.2. A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes (without limitation) the following:

25.2.1. misuse, alteration, or interference by you or any third party of our servers or systems (including virus and hacker attacks).

25.2.2. strikes, lockouts, or other industrial action.

25.2.3. civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not), or threat or preparation for war.

25.2.4. fire, explosion, storm, flood, earthquake, subsidence, epidemic, or other natural disaster.

25.2.5. impossibility of the use of public or private telecommunications networks; and

25.2.6. the acts, decrees, legislation, regulations, or restrictions of any government.

25.3. Our performance under the Contract will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for that period. We will use our reasonable endeavors to bring the Force Majeure Event to a close or to find a solution by which our obligations under the Contract may be performed despite the Force Majeure Event.

26. WAIVER

26.1. If we fail, at any time during the Contract, to insist upon strict performance of any of your obligations under the Contract or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled under the Contract, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

26.2. A waiver by us of any default shall not constitute a waiver of any subsequent default.

26.3. No waiver by us of any of these terms and conditions shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

27. SEVERABILITY

27.1. If any of these terms and conditions or any provisions of the Contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.

28. ENTIRE AGREEMENT

28.1. These terms and conditions and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any Contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.

28.2. We each acknowledge that, in entering the Contract, neither of us has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations before such Contract except as expressly stated in these terms and conditions.

28.3. Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, before the date of any Contract (unless such untrue statement was made fraudulently), and the other party’s only remedy shall be for breach of contract as provided in these terms and conditions.

29. CHANGES TO OUR TERMS AND CONDITIONS

29.1. We can revise and amend these terms and conditions occasionally.

29.2. You will be subject to the policies and terms and conditions in force at the time that you order services from us unless any change to those policies or these terms and conditions is required to be made by law or governmental authority (in which case it will apply to orders previously placed by you).

29.3. No variation of these terms and conditions shall be valid unless in writing and signed on our behalf.

GDPR - Data Processing Agreement This Data Processing Agreement (“DPA”) is an addendum to the Terms & Conditions between Gewape Cloud (Pty) Ltd (“Megabit Cloud”) and you (“Customer”).  The DPA will be effective and replace any previously applicable data processing and security terms as from 1^st of July 2023 and will continue for as long as Megabit Cloud provides the services as set out in Gewape Cloud (Pty) Ltd Terms & Conditions. Definitions “Customer Data” means data provided by or on behalf of Customer or Customer End Users via the Services under the account. “Data Controller” means the entity that determines the purposes and means of the processing of Personal Data. “Data Processor” means the entity that processes Personal Data on behalf of the Data Controller. “Data Protection Laws” means all data protection and privacy laws and regulations applicable to the processing of Personal Data under the Agreement, including the GDPR. “Data Subject” means the individual to whom the Personal Data relates. “EEA” means the European Economic Area. “GDPR” means EU General Data Protection Regulation 2016/679. “Personal Data” means any Customer Data relating to an identified or identifiable natural person to the extent that such information is protected as personal data under GDPR. “Processing” has the meaning given to it in the GDPR and “process”, “processes” and “processed” shall be interpreted accordingly. “Sub-Processor” means any third party authorized under this DPA to have logical access to and process Customer Data to provide parts of the Services. “Services” means any product or service provided to Customer and as described in Gewape Cloud (Pty) Ltd Terms & Conditions. Data Processing Megabit Cloud will only act and process Customer Data in accordance with the documented instruction from Customer (the “Instruction”), unless required by law to act without such Instruction. The Instruction at the time of entering into this DPA is that Megabit Cloud may only process Customer Data with the purpose of delivering Services as described in its Terms & Conditions and any product-specific agreements. Subject to the terms of this DPA and with agreement of the parties, Customer may issue additional written instructions consistent with the terms of this Agreement. Customer is responsible for ensuring that all individuals who provide instructions are authorized to do so. Megabit Cloud will inform Customer of any instruction that it deems to be in violation of GDPR and will not execute the instructions until they have been confirmed or modified. When Customer Data is processed by Megabit Cloud both parties acknowledge and agree that: - Megabit Cloud is a Data Processor of Customer Data under the GDPR - Customer is a Data Controller of Customer Data under GDPR. Confidentiality Megabit Cloud shall treat all Customer Data as strictly confidential information. Customer Data may not be copied, transferred or otherwise processed in conflict with the Instruction from Customer unless required by law. Megabit Cloud employees shall be subject to an obligation of confidentiality that ensures that the employees shall treat all Customer Data under this DPA with strict confidentiality and only process Customer Data in accordance with the Instruction. Sub-Processing Customer authorizes Megabit Cloud to engage third-parties to process Customer Data (“Sub-Processors”) without obtaining any further written, specific authorisation. Megabit Cloud will restrict Sub-Processor access to Customer Data to what is necessary to provide the Services. Megabit Cloud shall complete a written agreement with any Sub-Processors. Such an agreement shall at minimum provide the same data protection obligations as the ones applicable under this DPA. It remains accountable for any Sub-Processor in the same way as for its own actions and omissions. Megabit Cloud will inform Customer of any new Sub-Processor engagements at least 30 days before the new Sub-Processor processes any Customer Data. Notifications of such engagements will be delivered to the account email address and/or through the control panel interface. It is Customer’s sole responsibility to ensure account information is correct and kept up to date. Customer has the right to object to a use of a Sub-Processor by terminating this Addendum and Services in accordance with Megabit Cloud Terms and Conditions. A list of current Sub-Processors can be found in Annex 1. Security Megabit Cloud will implement and maintain technical and organizational measures to protect Customer Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure or access as set out Annex 2 of this Addendum and in accordance with GDPR, article 32. The security measures are subject to technical progress and development and Customer acknowledges that Megabit Cloud may update or modify the security measures from time-to-time provided that such updates and modifications do not result in the degradation of the overall security. In addition, Megabit Cloud will make controls available to Customer to further secure Customer Data inside the control panel. Data Breach Notifications If Megabit Cloud becomes aware of a breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorized disclosure of, or access to, Customer Data on systems managed by or otherwise controlled by Megabit Cloud, Megabit Cloud agrees to notify Customer without hesitation or delay. Notifications of such incidents will be sent to the account email address as set by Customer. It is Customer’s sole responsibility to ensure this information is correct and kept up to date inside the control panel. Megabit Cloud will make reasonable efforts to identify the cause of any breach and take necessary steps to prevent such a breach from reoccurring. Customer agrees that Data Breach Notifications will not include unsuccessful attempts or activities that do not compromise the security of Customer Data, including unsuccessful log-in attempts, pings, port scans, denial of service attacks, and other network attacks on firewalls or networked systems. Data Subject Rights If Megabit Cloud directly receives a request from a Data Subject to exercise such rights in relation to Customer Data, it will forward the request to Customer. Customer must respond to any such request within the timeframes specified within GDPR. Megabit Cloud will assist Customer in fulfilling any obligation to respond to requests by data subjects, which may include providing controls via the control panel to help comply with the commitments set out under GDPR. Data Transfers Megabit Cloud stores and processes data in secure datacenters located inside the European Economic Area (“EEA”). Data may be transferred and processed outside the EEA to countries where Sub-Processors maintain their own data processing operations. Customer hereby agrees to the transfer, storing or processing of data outside the EEA. Megabit Cloud will take all steps reasonably necessary to ensure that Customer Data is treated securely and in accordance with the relevant Data Protection Laws. Compliance and Audit Rights Megabit Cloud agrees to maintain records of its security standards and, upon written request by Customer, Megabit Cloud shall make available all relevant information necessary to demonstrate compliance with this DPA. Customer agrees any audit or inspection shall be carried out with reasonable prior written notice of no less than 30 days and shall not be conducted more than once in any 12-month period. If Megabit Cloud declines the request, Customer is entitled to terminate this addendum and Services. Return or Deletion of Data Megabit Cloud only retains Customer Data for as long as required to fulfill the purposes for which it was initially collected. Termination of this Addendum or Services in line with Megabit Cloud Terms & Conditions will result in all Customer Data being deleted, unless otherwise required by law. For Customer Data archived on back-up systems, Megabit Cloud shall securely isolate and protect from any further processing. Limitation of Liability The total liability of each part under this addendum shall be subject to the limitation of liability as set out in Megabit Cloud Terms & Conditions. For the avoidance of doubt, in no instance will Megabit Cloud be liable for any losses or damages suffered by Customer where Customer is using Services in violation of its Terms & Conditions, regardless of whether it terminates or suspend an account due to such violation.

Annex 1 – Sub-Processors

POPI statement for customers

1. Introduction

The following statement is in terms of the Protection of Personal Information Act, 2013 (“POPI”) and is intended to govern your interactions and business dealings with GEWAPE CLOUD (Pty) Ltd.

Please note that in this statement, “Third Parties” include, but are not limited to, Operators, shareholders, subsidiaries, affiliated companies or joint ventures, suppliers, and parties providing products, goods, equipment, systems, and services, such as information technology.

“Personal Information” means any information or set of information that identifies a person and is processed by or on behalf of MEGABIT CLOUD, as described in Chapter 1, section 1 of POPIA.

2. Processing of Customer Personal Information

MEGABIT CLOUD may only process customer Personal Information on its systems, in accordance with POPIA, insofar as customers give it consent; is necessary to act on the conclusion or performance of a contract to which the customer is a party; as part of an obligation imposed by law on MEGABIT CLOUD; protects a legitimate interest of a customer; is necessary for pursuing the legitimate interests of MEGABIT CLOUD or a Third Party to whom information is supplied.

3. Distribution of Personal Information to Third Parties

MEGABIT CLOUD may provide access or transfer Personal Information to Third Parties where it is necessary for the course of and to give effect to MEGABIT CLOUD’s business activities with its customers, in accordance with that expressed above viz-a-viz its terms and conditions, or as otherwise required by law.

MEGABIT CLOUD undertakes to take reasonable practicable steps to ensure that customer Personal Information that may be transferred to Third Parties is dealt with confidentially and in accordance with applicable legal requirements by those Third Parties.

MEGABIT CLOUD shall only transfer Personal Information to Third Parties in other jurisdictions where such Third Parties are subject to and comply with such laws, policies, or agreements regarding privacy, data protection, and confidentiality of Personal Information as may legally be required from time to time.

MEGABIT CLOUD may disclose customers’ Personal Information to any third-party service providers whose services or products customers elect to use provided that it has obtained the necessary consent, or it is in terms of the conclusion and/or performance of the contract between MEGABIT CLOUD and the customer, or there is another justification to the disclosure and Processing. MEGABIT CLOUD will have agreements to ensure they comply with confidentiality and privacy conditions.

MEGABIT CLOUD aims to have undertakings in place with relevant Third Parties to ensure there is a mutual understanding with regard to the protection of Personal Information; such Third Parties will be required to comply with the same or substantially similar regulations as MEGABIT CLOUD is subjected to.

4. Receiving Personal Information as a Third Party

While conducting its business as a hosting service provider, MEGABIT CLOUD will collect Third Parties’ Personal Information occasionally. 

MEGABIT CLOUD will Process the Personal Information received from customers on behalf of the customer’s data subjects in conjunction with its terms and conditions and regarding legislative requirements.

MEGABIT CLOUD will accordingly ensure that in Processing or storing (as a hosting service provider) a Third Party’s Personal Information, it will adhere to its obligations in terms of POPIA.

In the capacity of a Third Party, MEGABIT CLOUD will comply with all of its obligations as provided for in POPI.

For more information, please see our terms and conditions on our website at Terms and Conditions or contact our Information Officer for more details.

Contact information officer on legal[at]megabitcloud.com