Privacy Policy

We at Violond Group have designed our business practices to safeguard your privacy. This privacy policy applies to all the web pages related to our website including Control Panels.

You can visit www.violondgroup.com without revealing who you are or providing any personal information about yourself.

The Site may collect certain information about your visit, such as the name of the Internet service provider and the Internet Protocol (IP) address through which you access the Internet; the date and time you access the Site; the pages that you access while at the Site and the Internet address of the Web site from which you linked directly to our site. This information is used to help improve the Site, analyze trends, and administer the Site.

There will be times, such as when you submit a questionnaire, request a service, register your interest, purchase a product directly from Violond Group or from one of our suppliers when we will need to obtain personally identifiable information from you or about you or your clients (Business Partners). Such personally identifiable information may include the name, home address, e-mail address, telephone number or identity/passport number. The information we receive about you or conveyed to us by our Business Partner may be used by us or shared by us with our corporate affiliates, agents, vendors and others to help process or complete a transaction; to comply with any law, regulation, audit or court order; to help improve our website or the products or services we offer; for research; to better understand our clients’ needs; to develop new offerings; and to alert you to new products and services in which you may be interested. The information will not be used for anything other than which is stated in the Terms & Conditions of use for this service. None of the personal information will be sold or made available other than is necessary to provide a service, complete a transaction or comply with any law, regulation, audit or court order. By accepting these Terms & Conditions you consent to receive informational material from us, this would include promotions, price changes and information related to your services. We believe that knowing more about you can enable us to serve you better. Unsubscribe options are available for non-critical communications and can be accessed by logging into your Control Panel.

You should be aware that we collect usage information about you when you visit us, which helps us understand how our site is navigated, how many visitors arrive at specific pages, the length and frequency of a stay at our website, etc. In addition, Violond Group web pages may place “cookies” on your personal computer. “Cookies” are small identifiers, similar to a license plate, that help us to recognize you if you visit our website again. Cookies are used to help us personalize your viewing experiences. Cookies are not designed to be used to get data from your hard drive, your e-mail or any other personal data about you. You can reject cookies by changing your browser settings. Please note, however, that if you reject our cookies it is possible that some web pages may not properly load, your access to certain information might be denied or you might have to enter information about you or your application, inquiry or purchase more than once.

We safeguard your information using known encryption, security standards and procedures. We also assess new technology for protecting client information on an ongoing basis. Violond Group does not guarantee the security of any data passing through its networks. Although Violond Group will provide a “best effort” service, including regular updates on computer viruses and other threats to security of data, it is the responsibility of the communicating parties and end user to safeguard their data, and Violond Group cannot be held liable for any loss or damage arising as result of the failure to do so.

Your data protection rights:

 

  • You are entitled to view, change, remove or supplement your personal data by utilizing the Control Panel provided at any time, other than maintenance or network outage periods when the Control Panel may not be available.
  • You may request information on how your data has been used as well as request the destruction or de-identification of your personal data. Violond Group will consider your request in light of any other laws or regulations prohibiting Violond Group from doing so. We undertake to respond to such a request within one month of the request being received.

Any questions or concerns pertaining to the collection, sharing, use or destruction of personal data or the POPI Act can be sent via email to [email protected]

You can also complain to the Information Regulator if you are unhappy with how we have used your Information.

Their contact details are as follows:

The Information Regulator (South Africa)
Gole Complex 
Thohoyandou
0950

Complaints email: [email protected]

Please be aware that we may change our Statement of Privacy from time to time. If we do, we will update this Statement of Privacy at our website, so be sure to check back here frequently.
If you have any questions about our Statement of Privacy or privacy policies, please feel free to e-mail your questions to us at [email protected]. Your questions or concerns pertaining to the collection, sharing, use or destruction of personal data or the POPI Act can be sent via email to [email protected]

By using our website, control panels, products and services directly or as a Business Partner, you signify your acceptance of our Privacy Policy. If you do not agree to this policy, please do not use our website, control panels, products, services and related pages. Your continued use will mean that you accept our Privacy Policy together with our Terms and Conditions.

Service Policy

When you click to make a purchase with us legal obligations arise and your right to refund of monies charged to your credit card or paid in any other way agreed by us, are limited by our terms & conditions. You must not make any purchase through this site unless you understand and agree all our terms and conditions. Once payment is made for the purchase, it is deemed that you have read and understood the terms and conditions for such purchase. If you have any queries please contact us before making any purchase for any service through this website. Our 24 hour, 7 day a week support number is 074 236 4299.

Custom/Corporate DNS

This feature allows you to specify the DNS server settings you would like applied to your service. Violond Group accepts no responsibility for service interruptions when activating and using this service.

Remote Violond Group

This feature allows you to create a unique hostname (static sub domain) which will allow you to remotely access your router/modem. The setup of port forwarding and the network configuration is the responsibility of the client and is required in order to use this feature. Violond Group takes no responsibility for this feature not working due to the incorrect setup or configuration on the clients end. The security of the clients connection and network remains their responsibility when using this feature. This feature is provided as a best effort service and is not guaranteed.

 

Delivery Policy

This delivery policy applies to services delivered by an Violond Group appointed representative only. The delivery of certain products/services sold by Violond Group are handled directly by the supplier or provider. In these cases the delivery policy will be stated in the Terms and Conditions for that particular product/service. If you are not sure please contact us so that we may advise you on the delivery policy that applies to your purchase.

Delivery times stated are not guaranteed but are generally attainable within major centres. A possible delay of 24 to 96 hours can be expected outside of major centres and additional delivery costs may apply. Some deliveries might require that information or documents must be produced and copies thereof provided during the delivery, this will be communicated on purchase of the device or product if it is required.

A physical address is required for the delivery of your order. Orders to Post boxes/Private bags/Post Offices will not be accepted.

Deliveries take place on weekdays during business hours and exclude weekends and public holidays, your delivery will be dispatched on the 1st working day thereafter.

Delivery times may be delayed should the need arise for clearance of payment. Clearance for debit order payments may take up to 10 days to clear.

Violond Group will not arrange collection of units for exchange or return (or cover related costs). The client will be responsible for arranging for the unit to be delivered to Violond Group. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.

The Courier Delivery Fee charged during checkout may differ once your order is finalised. Should this occur, we will contact you before proceeding with the delivery of your order.

 

Refunds Policy

Refunds will not be granted for services purchased in error. Should it be proven that a service is not working as per the Product Description, Terms and Conditions and/or Acceptable Usage Policy a refund will be granted. Refunds for amounts deposited into an Violond Group banking account erroneously will also have a 15% fee levied to cover our bank charges and will only be considered for processing 7 days after the original payment date. Refunds for debit order and credit card payments are processed after the second week of the month.

Cancellations Policy

The cancellation of a product or service is the Clients responsibility. Cancellations must be actioned from the Control Panel. Email, fax and telephonic cancellations will not be accepted, all cancellations must be processed via the Control Panel. Failure to cancel your services will result in your service or product being activated for the new month and therefore liable for payment. A minimum calendar months’ notice is required for all services unless otherwise stated. A calendar month is considered to be the passing of one full month from the 1st to the last day of a month between the cancellation being submitted and the cancellation date. E.G to cancel your service on 31 December, the cancellation must be submitted on any day before 5pm on the 30th of November. Debit order clients are required to set their cancellation before the 25th of the month for cancellation the following month. Promotions may carry additional cancellation terms and early cancellation fees may be payable.

Violond Group will not be responsible for incorrect cancellations processed via the Control Panel, or be liable for any losses incurred.

Payment Options/Terms

All transactions will be processed in South African Rands (ZAR). We do not extend credit and payment is required up front, services will not be activated without payment.  Failure to pay for services by the due date will result in services being suspended and possibly cancelled until payment is received. The reactivation of services is subject to payment of all outstanding amounts and any applicable reactivation fees.

Credit Card Authority
By supplying your “credit card/debit card/cheque card” hereafter referred to as “account/card” details and agreeing to the Terms & Conditions the following will be seen as accepted and agreed to:

I/we hereby request and authorize you to draw against my/our card (or any other bank or branch to which I/we may transfer my/our account/card) the due amount or any variable amount pertaining to this agreement, on the first working day of each month. This being the amount necessary for the settlement of the monthly invoice and/or any overdue amounts, due to you in respect of my/our purchases/contract/agreement.

All such withdrawals from my/our account/card by you shall be treated as though they had been signed by me/us personally. I/we, “instruct” and authorize your agent Virtual Card Services PTY (Ltd), or by computer through a system provided by the South African Banks to draw against my/our account/card.

I/we understand that if account/card details have been supplied the withdrawals authorized here will be processed by BankServ. I/we also understand that details of each withdrawal will be printed on my/our statement. I/we agree to pay any banking charges relating to this debit instruction. This authority may be cancelled by me at any time by updating/changing the payment method from within the Control Panel.

Renewals (monthly invoice) will be processed on the first working day of every month. If your payment fails, your service(s) will be disabled immediately Please note that if you are cancelling your service(s) with Violond Group, you need to cancel via your control panel before the last day of the month if you are paying via account/card (excludes debit order payments). Failure to do so will result in the product being activated and the monthly subscription being debited.

All other account/card instructions (new account sign ups/activations, hardware/device purchases, top ups, upgrades), besides the monthly subscription, will be processed on a daily basis.

Debit Order Authority
This Authority and Mandate refers to our contract as dated as on acceptance hereof (“the Agreement”). I / We hereby authorise you to issue and deliver payment instructions to the bank for collection against my / our above mentioned account or credit card at my / our above mentioned bank (or any other bank or branch to which I / we may transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us.

The individual payment instructions so authorised to be issued must be issued and delivered as follows

i. On the 1st working day (“payment day”) of each and every month. In the event that the payment day falls on a Saturday, Sunday or recognized South African public holiday, the payment day will automatically be the very next ordinary business day. Further, if there are insufficient funds in the nominated account to meet the obligation, you are entitled to track my account and re-present the instruction for payment as soon as sufficient funds are available in my account.

Debit orders will be processed on the first working day of every month for renewal services. If your debit order fails, your service(s) will be disabled immediately. Your debit order against your bank account is an automated process and cannot be stopped after the 24th of each month. Please note that if you are cancelling your service(s) with Violond Group, you need to cancel via the control panel by the 24th of the month for the end of the following month.

All other debit order instructions (new account sign ups/activations, hardware/device purchases, top ups, upgrades), besides the monthly subscription debit orders, will be processed on a daily basis. Should you order a new service or upgrade your existing service after the 24th of the month, your first renewal debit order thereafter will remain unchanged and an additional debit order will be processed for the price difference within the first 5 working days of the month. The following month the full amount for the updated services will be processed in a single debit order. Should you cancel one of your services or downgrade a service after the 24th of the month, your first renewal debit order will remain unchanged, but the price difference will reflect as a credit on your account, which can either be refunded to you or will automatically be deducted from your next debit order.

I / We understand that the withdrawals hereby authorised will be processed through a computerized system provided by the South African Banks and I also understand that details of each withdrawal will be printed on my bank statement. Each transaction will contain a number, which must be included in the said payment instruction and if provided to you should enable you to identify the instruction. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.

Debit Order Mandate
I / We acknowledge that all payment instructions issued by you shall be treated by my / our above mentioned bank as if the instructions had been issued by me personally.

Debit Order Cancellation
I / We agree that although this Authority and Mandate may be cancelled by me / us, such cancellation will not cancel the Agreement. I / We shall not be entitled to any refund of amounts which you have withdrawn while this authority was in force, if such amounts were legally owing to you.

Debit Order Assignment
I / We acknowledge that this Authority may be ceded to or assigned to a third party if the agreement is also ceded or assigned to that third party, but in the absence of such assignment of the Agreement, this Authority and Mandate cannot be assigned to any third party.

Debit Order Contract
The signed Authority and Mandate refers to our contract as dated as on signature hereof (“the Agreement”). I / We hereby authorize you to issue and deliver payment instructions to the bank for collection against my / our above mentioned account at my / our above mentioned bank (or any other bank or branch to which I / We may transfer my / our account) on condition that the sum of such payment instructions will never exceed my / our obligations as agreed to in the Agreement, and commencing on the commencement date and continuing until this Authority and Mandate is terminated by me / us by giving you notice in writing sent by email to [email protected]by no later than the 20th of the month or by logging in on your control panel and updating your payment method by no later than the 24th of the month.

Prorata Billing

Prorata billing applies to all new monthly billed services and on the initial purchase only. Prorata billing will not apply should you fail to pay your renewal invoice or any outstanding invoice on your account, the renewal/outstanding invoice must first be paid in order to qualify for the prorata rate on a new service. The bandwidth on a per gig service will be prorated together with the price on purchase. The prorata price and bandwidth is calculated according to the purchase date.

Hosting

1. Introduction

1.1. In addition to the General Terms, these terms and conditions govern the use of the Violond Group domain registration and hosting services. By contracting with Violond Group for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

1.2. Hosting services refers to the following: Linux Shared Hosting, Email Only Hosting, WordPress Hosting, Windows Shared Hosting, Cloud Servers.

 

2. Domain Registration

2.1 Violond Group registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Violond Group 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 Violond Group.

2.2 Violond Group registers domains through approved Domain Registrars, such as OpenSRS (for gTLDs). Violond Group may, at its discretion use other approved entities for registration, but in general may limit domains offered based on availability from the registrar concerned.

2.3 The Client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Violond Group may post links to these terms and conditions on the Violond Group Website purely as a convenience to the Client.

2.4 Where Violond Group is acting as a registrar or reseller in registering a domain name for the Client, the Client may be required to agree to further terms. Violond Group will provide the Client with a link to these terms, which are incorporated into this Agreement by reference.

2.5 Violond Group will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Violond Group cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.

 

3. Domain Registration

Annual Renewal Fees, Redemption fees or any other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and Violond Group will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, Clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by Violond Group with the registrar concerned.

 

4. Domain Renewal

4.1 Violond Group will register a domain for a specified period (generally one year)

4.2 Thereafter, the Client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify Violond Group of the failure.

4.3 Violond Group will endeavour to send a courtesy reminder to the Client, such as an SMS, email. Such reminders in no way transfer responsibility to Violond Group for ensuring that the domain is renewed.

4.4 Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.

4.5 Clients registering domains must take note of the registration date, and ensure that renewal is effected.

 

5. Domain Transfer

5.1 Violond Group will transfer existing (registered) domains from existing hosting providers to Violond Group’s DNS and web servers. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies Violond Group from any disputes regarding ownership of the domain and any claims as a result thereof.

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

 

6. Cancellation

6.1 The service is a monthly billed service which will continue on a month to month basis until cancelled. Cancellations require a calendar months’ notice and must be submitted via the Control Panel (Purchases on Promotion may carry additional T’s & C’s).

6.2 Cancellation, by the Client or Violond Group, will result in any data being permanently removed from Violond Group’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Violond Group 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 Violond Group will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.

 

7. Liability for Registration and Use of Domain Names

7.1 Violond Group 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 other rights.

7.2 Violond Group reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. Violond Group will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.

7.3 This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.

7.4 The Client indemnifies Violond Group by warranting that 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.

7.5 Violond Group cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that Violond Group may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance Violond Group shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude Violond Group and Violond Group 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 Violond Group until a court or other body with jurisdiction directs otherwise.

 

8. Registrant Contact Details for co.za, net.za, web.za and org.za

The ZACR policy indicates that the registrant contact details has to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.

8.1 The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and

8.2 The registrant’s designated email address is accurately identified on the domain name record where prescribed.

 

9. Hosting Services

9.1 Violond Group does NOT guarantee SMTP mail relay services by default with shared hosting packages. This is provided merely as a value added extra.

9.2 Violond Group reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.

9.3 Violond Group 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.

9.4 Violond Group reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on an Violond Group Server to ensure compliance with this Agreement, Violond Group’s AUP, or any applicable laws regulations or codes of practice.

9.5 The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

 

10. Backups

10.1 Clients are solely responsible for backing up their data and Violond Group strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. Violond Group will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.

10.2 Clients are ultimately responsible for their own data, and Violond Group strongly encourages such Clients 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.

10.3 Violond Group also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the Client’s own risk and discretion – whether restored by Violond Group by instruction from Clients or by Clients themselves.

10.4 Violond Group will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Clients on request.

10.5 Violond Group endeavours to keep a backup of the domain, the backup is of the last 3 days content only. Whilst we endeavour to keep a backup of the last 3 days content this can in no way be guaranteed, it is the client/site owners responsibility to keep a local backup of their site/s at all times. Violond Group will in no way be held responsible for any loss of content whatsoever.

 

11. Cloud Hosting

11.1 Violond Group reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which Violond Group deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.

11.2 Violond Group deploys all new Cloud Servers with HyperV tools (VMadditions, LIS) pre-loaded. VMadditions is integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMadditions must be running at all times, as shutting it down will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other clients’ virtual servers.

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

11.4 Violond Group also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.

11.5 Violond Group may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.

11.6 Violond Group reserves the right to move a Cloud server between our virtual environments and Internet backbones, both within South Africa and internationally as it deems necessary.

 

12. Use at Client’s Risk

12.1 Violond Group will exercise no control whatsoever over the content of the material hosted on, or the information passing through the Violond Group network and in no way moderates such content.

12.2 Clients expressly agree that use of Violond Group’s Server(s) and Services are at the Client’s sole risk.

 

13. Spam/Virus Filtering

13.1 Violond Group provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that Violond Group shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.

13.2 Violond Group reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.

 

14. Webmail

Webmail and other web-based email services made available by Violond Group are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that Violond Group shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of Violond Group. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.

 

15. Takedown Notice Procedure

In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct Violond Group to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.

Any enquiries can be directed to ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Email: [email protected]

Should Violond Group receive a takedown notice from ISPA, Violond Group will endeavour to:
1. Notify the Client in good time of the takedown notice.
2. Allow the Client reasonable time to remove the disputed, illegal or infringing content.
3. Takedown any sites or services which are included in the ISPA takedown notice.

 

16. Software Updates

Violond Group will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.

 

17. Disclaimers, Limitations and Indemnities

17.1 Violond Group 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 VIOLOND GROUP IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

17.2 The Client hereby indemnifies and holds harmless Violond Group 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 Violond Group has been advised of the possibility of such damages;

17.3 Violond Group 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.

17.4 Neither Violond Group, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Violond Group’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 Violond Group Server service, unless otherwise expressly stated in this Agreement.

17.5 Violond Group expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Violond Group specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

17.6 Violond Group is not responsible if an external company network and firewall is setup to block access to services Violond Group provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services Violond Group provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.

17.7 Clients also hereby indemnify Violond Group against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Violond Group to share or cover such losses or liability, either directly or indirectly. Violond Group is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.

IMPORTANT NOTICE

This document contains the Terms and Conditions for registration, transfer and updates to Domain Names in the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg and .durban namespaces.

Please note the following important clauses:

 

  • You license a domain name to a 3rd party, you will be liable for harm that arises as a result (clause 7.3)
  • You warrant that certain information given to us is correct and that you will not use the domain name to infringe intellectual property or in unlawful ways; you indemnify us and the registry if any loss results from a breach of this warranty (clause 8).
  • You consent to processing of personal information as described in clauses 10.1 and 10.2
  • If you submitted personal information from a third party, you warrant that you have obtained consent from that party (clause 10.4)
  • You exempt and indemnify the registry from all loss relating to its registration of a domain name (clause 11)

 

1. Definitions

The following definitions apply to these Registrant Service Terms:

1.1 “Administration Sites” means the Registry’s official administration website/s including, but not limited to: http://www.registry.net.za and the Registrar’s official administration website/s including, but not limited to: https://violondgroup.com.

1.2 “Agreement” means the Application read together with these Registrant Service Terms.

1.3 “Applicant” means the party making application for the delegation, transfer or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant in the Application.

1.4 “Domain Name” means the Domain Name in the Namespace, designated in the Application, and governed by the Agreement.

1.5 “Effective Date” means, in respect of the delegation of the Domain Name to the Applicant, the date on which such delegation is registered by the Registry (as evidenced by an electronic message from the Registrar to the Applicant confirming same).

1.6 “General Terms” means the Registrar’s (Violond Group’s) General Terms.

1.7 “ICANN” means the Internet Corporation for Assigned Names and Numbers, a California non-profit, public benefit corporation.

1.8 “Namespace” means the .co.za, .web.za, .org.za, .net.za, .africa, .capetown, .joburg or .durban name space of the Internet as the case may be.

1.9 “Personal Information” means information relating to an identifiable, living, natural person.

1.10 “Registrar” means Violond Group.

1.11 “Registrar Accreditation Agreement” means the agreement entered into between the Registrar and ICANN in terms of which the Registrar is accredited by ICANN as a registrar.

1.12 “Registry” means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.

1.13 “Registry-Registrar Agreement” means the agreement between the Registrar and the Registry in terms of which the Registrar is accredited as a registrar for a Namespace.

1.14 “Published Policies” means those specifications and policies established and published by the Registry from time-to-time relating to the administration of a Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.

 

2. Applicability

2.1 The Registry is responsible for delegating (registering) domain names in the Namespaces.

2.2 These terms and conditions apply to all the above-mentioned domain names.

2.3 The Applicant also agrees to be bound by the Published Policies.

 

3. Status and Precedence

3.1 In addition to the General Terms, these terms and conditions govern the use of the Violond Group registrar services. By contracting with Violond Group for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.

3.2 To the extent that any provision of this document conflicts with the provisions of the General Terms, the provisions of this document will prevail.

3.3 In providing the registrar services the Registrar is bound by the provisions of the Registrar Accreditation Agreement and the Registry-Registrar Agreement. If the Registrar acts contrary to any provision of this Agreement as a result of an obligation to either ICANN or the Registry set out in such agreements (including compliance with the Published Policies or any mandatory ICANN policy), such act or omission will not be a breach of this Agreement.

 

4. Registration, Transfer and Deletion

4.1 The Domain Name will be delegated (registered) once it has been accepted and approved by the Registrar and the Registry and after payment of the relevant fees.

4.2 The Domain Name registration will continue after the Effective Date for the period described in the Application unless it is transferred or otherwise deleted as described in this Agreement or one of the documents referred to in it.

4.3 The Domain Name may be renewed upon payment of the relevant fees, and this Agreement will be renewed upon each renewal or other extension of the Domain Name’s registration period.

4.4 It the Applicant wishes to transfer the Domain Name to another registrant (which is done by updating the domain name record), the Applicant must ensure that the new registrant has agreed to the terms of this Agreement. The Registrar will not give effect to the transfer until it has received confirmation of such agreement.

4.5 The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry. The Registrar will under no circumstances be liable if any Domain Name is deleted due to the Applicant’s failure to renew the Domain Name registration.

 

5. Fees

5.1 See the provisions of the General Terms as they relate to fees, which are deemed to form part of this clause 5.

5.2 Should the Applicant fail to pay any of the fees contemplated within the periods stated, the Registrar may, without derogating from any other right which it may have in terms of these Service Terms or the General Terms or otherwise, and without notice, withdraw the Domain Name application or registration.

5.3 Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 5.

 

6. Rights to Domain Name

6.1 The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a “first-come-first served” basis (unless the Application is made as part of a Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant’s right to utilise such name.

6.2 The Registry and Registrar give no warranties of any nature whatsoever regarding the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.

6.3 Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.

6.4 Should a third party (the “Complainant”), in contemplation of legal action against the Applicant in court or as described in clause 6.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant’s name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.

6.5 The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of a Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”), and agrees to be bound by any decision that may result.

 

7. The Applicant’s Duties

7.1 The Applicant must provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Domain Name registration, including:

7.1.1 the full name, postal address, email address, voice telephone number, and fax number if available of the Applicant;

7.1.2 name of authorised person for contact purposes in the case of an Applicant that is an organisation, association, or corporation;

7.1.3 the names of the primary nameserver and secondary nameserver(s) for the Domain Name;

7.1.4 the name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Domain Name; and

7.1.5 the name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Domain Name.

7.2 The Applicant’s willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Applicant’s registration will constitute a material breach of the Applicant-registrar contract and be a basis for suspension and/or cancellation of the Domain Name registration.

7.3 Any Applicant that intends to license use of a Domain Name to a third party is nonetheless the Applicant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Domain Name. An Applicant licensing use of a Domain Name according to this provision will accept liability for harm caused by wrongful use of the Domain Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Applicant reasonable evidence of actionable harm.

 

8. The Applicant’s Warranties & Indemnity

8.1 The Applicant hereby irrevocably represents, warrants and agrees that:

8.1.1 the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;

8.1.2 it has the right without restriction to use and register the Domain Name;

8.1.3 to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trademark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;

8.1.4 will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;

8.1.5 at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and

8.1.6 it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.

8.2 Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys’ fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trademark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within a reasonable time of becoming aware thereof. The Applicant agrees that the Registry and /or the Registrar will be defended by attorneys of their own respective choices at the Applicant’s expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.

 

9. Suspension, Cancellation and Transfer

9.1 The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):

9.1.1 in the circumstances contemplated in clause 5.2;

9.1.2 should the Applicant breach any warranty given under clause 8.1;

9.1.3 if the Applicant withdraws its consent for processing of Personal Information described in clause 10;

9.1.4 should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;

9.1.5 in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Policies or ICANN policy applicable to the Registrar;

9.1.6 on receipt of an order by any competent court having jurisdiction; or

9.1.7 on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).

9.2 In the event that the Registrar’s accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.

9.3 The Registrar’s deletion and auto-renewal policy will not differ from the parameters set out in the Published Policies by the Registry.

 

10. Personal Information

10.1 Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:

10.1.1 use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;

10.1.2 inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;

10.1.3 transfer of Personal Information to the Registry’s affiliates and service providers for the purposes of providing registry services;

10.1.4 transfer of Personal Information to a third party replacing the Registry in providing the Registry function in terms of the registry agreement between ICANN and the Registry, whether located inside or outside of South Africa

10.2 In processing the Personal Information as set out in clause 10.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.

10.3 THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 10.1 AND 10.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.

10.4 THE APPLICANT WARRANTS THAT WHERE IT SUPPLIES THE PERSONAL INFORMATION OF THIRD PARTIES TO THE REGISTRAR IT HAS FIRST PROVIDED SUCH THIRD PARTIES WITH EQUIVALENT NOTICE AND OBTAINED THEIR CONSENT AS DESCRIBED IN CLAUSES 10.1 AND 10.2 RESPECTIVELY.

10.5 When collecting or confirming Personal Information the Registrar will indicate in an appropriate manner which Personal Information is obligatory and which, if any, is voluntary.

10.6 The Applicant can access and rectify the Personal Information submitted to the Registrar by accessing Client Control Panel (CCP).

10.7 The Registrar will not process the Personal Information collected from the Applicant in any way incompatible with the purposes and other limitations about which it has provided notice to the Applicant in terms of clause 10.1.

10.8 The Registrar must take reasonable appropriate, reasonable technical and organisational measures as required by applicable law to protect the Personal Information from loss, misuse, unauthorised disclosure, alteration or destruction.

10.9 Provision of the Domain Name is dependent on the Applicant’s consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.

 

11. Exemption and Indemnity of the Registry

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

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

 

12. General

12.1 For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).

12.2 For adjudication of any legal disputes between the Applicant and the Registrar, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria) and to the jurisdiction of the courts of the Applicant’s domicile.

12.3 The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.

12.4 The Applicant acknowledges that the Registry or ICANN may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement (“amendments”) if these amendments are reasonably necessary for the administration of a Namespace. In the case of amendments required by the Registry these amendments will be published on the Administration Sites from time to time.

12.5 The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant’s wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.

12.6 To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry’s favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.

12.7 In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.

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