OptimumSolutions agrees to furnish a HOSTING or WEBDESIGN service to you, subject to the following TOS (Terms of Service).

Use of OptimumSolutions Hosting Service constitutes acceptance and agreement of these TOS (Terms of Service).

Disclosure to Law Enforcement: Our AUP (acceptable use policy) specifically prohibits the use of our service for illegal activities. You agree that OptimumSolutions may disclose your subscriber information to a law enforcement agency who makes a written request without further consent or notification to you. You also agree that OptimumSolutions shall have the right to terminate web-hosting services if your site is found to be conducting illegal activities.

Payment:

• The establishment of any hosting service is dependent upon receipt by OptimumSolutions of payment of submitted invoices or by submission of a signed debit order.
• Annual Hosting payments are due on the anniversary date of the domain depending on the plan chosen.
• No domain will be registered or any site made live without receipt of said payment.
• Service will be interrupted on accounts that reach 24 hours past due – the due date is the 3rd working day of each month.
• Service interrupted for non-payment is subject to a reconnect charge.
• To ensure your domain does not expire, please renew your domain name as soon as possible when your renewal invoice has been issued. Payment for hosting can be made as a once-off payment or a per-month payment via debit order. Should the domain not be renewed before the renewal date, the domain name will enter an Expiry Period for 5 days before entering the Suspension Period of 5 days. During the expiry period, the domain will not be accessible, and any website or email services associated with it will stop working.
  Renewing your domain during this period will re-activate your domain name.When the suspension period expires, your domain will go into a Redemption Period. Once the domain has entered the redemption period, an additional fee will be levied by ICANN if you would like the domain restored from redemption. Fees can be up to R 1000 depending on the domain extension as determined by ICANN
• A server re-connection fee of R 150 will be charged when accounts are suspended.
• Hosting accounts are paid in advance.
• Any web design or graphic design invoices need to be within 5 working days.
• No work will be done without payment of a deposit.

Refund and Disputes:

• No refunds for the one-time setup fee (if applicable) and subsequent charges.
• PLEASE NOTE that canceled websites will be subject to a cancellation fee of a minimum of R 150 if the domain name has already been registered or renewed.
• Cancellation fees are subject to the price of the domain purchased.

Failure to Pay: OptimumSolutions may temporarily deny service or terminate any Agreement upon the failure of Subscriber to pay charges when due. Such termination or denial will not relieve you of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees. No domains will be released until full payment is received. 

You acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of OptimumSolutions and that damages resulting from any interruption of service are difficult to ascertain. Therefore, you agree that OptimumSolutions shall not be liable for any damages arising from such causes. (Although we do not give uptime guarantees, we have had an overall uptime in excess of 99.9% over the past 48 months). It is also important to note the difference between our website and email hosting and your Internet Service provider.

New Domain Accounts: All new accounts will be registered and entered into our DNS servers within 12 hours. Due to Internet propagation, however, this process may sometimes require up to 24 hours and for overseas domains up to 5 days.

Transfer of Domains: New web hosting accounts that involve the transfer of a domain from another provider to OptimumSolutions may require up to 5 or more days to propagate through the Internet. Although domain names usually propagate in 24 hours, due to the unpredictable nature of the transfer process, no guarantees are made regarding the amount of time a specific transfer may take since we have no control over that. No domains will be transferred out without accounts settled and up to date.

SPAM and Unsolicited Commercial Email: OptimumSolutions takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of OptimumSolutions may not use or permit others to use our servers to transact in UCE. Violations of this policy may result in immediate termination of service.

Indemnification: OptimumSolutions wishes to emphasize that in agreeing to the OptimumSolutions Terms of Service (TOS), the customer indemnifies OptimumSolutions for any violation of the TOS that results in loss to OptimumSolutions or the lodging of any claim against OptimumSolutions by any third-party. Put simply, this means that if OptimumSolutions is sued because of illegal activity on your behalf, you will pay any damages awarded against OptimumSolutions, plus all costs and attorney’s fees.

Contact Information: You must provide us with, and keep current, a valid E-Mail address where we can reach you. We cannot be held responsible for suspending or closing your account due to non-payment if we are unable to contact you.

Transfer or agreement: You shall not transfer or assign this Agreement without the prior written consent of OptimumSolutions.

Damages: OptimumSolutions is not responsible for any damages your business may suffer. OptimumSolutions does not make implied or written warranties for any of our services. This includes loss of data resulting from delays, loss of revenue, and any and all service interruptions.

Please note that at all times, as a hosting client, you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions, and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. This includes your website and email accounts.

OptimumSolutions servers are not an archive and OptimumSolutions shall have no liability to you or any other person for loss, damage or destruction of any of your content. The services offered by OptimumSolutions are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. OptimumSolutions shall have no liability to you or any other person for your use of OptimumSolutions products and/or services in violation of these terms.

Email storage under all our packages are subject to the following:

• we do not allow long-term storage of emails, we reserve the right to remove emails older than 12 months,
• we do not allow the use of unattended mailboxes, if an account has unread emails older than 180 days it will be considered abandoned and may be deleted,
• emails stored in ‘spam’ or ‘deleted’ folders may be deleted where such emails are over 30 days old.

Abusive treatment of OptimumSolutions staff or other customers will not be tolerated. It is never justified to take one’s frustrations out on another. Sometimes Message Board refers to it as flaming; some refer to it as being downright rude and obnoxious. Whatever one calls it, it is unacceptable in a Christian environment and we cannot allow any form of verbal (or physical) abuse. Violations of this policy will result in termination of service.

Ownership of domain names: Domain names are registered in your name. Provided your account is in good standing, you own the domain and it is yours to keep. Should you leave, the domain name is yours and you can transfer it to wherever you want.

NOTE: This does not apply to accounts that are in arrears or if you have violated our terms of service as outlined above. In such cases, you may purchase your domain name for R 350,00 after settling your account.

Content: You, as OptimumSolutions customer, are solely responsible for the content stored on and served by your website.

Backup: Unless you have a SLA (Service Level Agreement) or monthly retainer in place with OptimumSolutions, it is your responsibility to make backups of your own websites. Your cPanel has such a function installed.

Please note that at all times, you shall bear full risk of loss and damage to your server and all of your server content. You are entirely responsible for maintaining the confidentiality of your password and account information. You acknowledge and agree that you are solely responsible for all acts, omissions and use under and charges incurred with your account or password or in connection with the server or any of your server content displayed, linked, transmitted through or stored on the server. This includes your website and email accounts.

You shall be solely responsible for undertaking measures to:

• prevent any loss or damage to your server content;
• maintain independent archival and backup copies of your server content;
• ensure the security, confidentiality and integrity of your server content transmitted through or stored on OptimumSolutions servers; and
• ensure the confidentiality of your passwords.

It is absolutely forbidden to host pornographic or any demonic content. Accounts found hosting such material will be subject to immediate cancellation without notice and without refund.

Backup: Although our upstream Service Provider makes bi-weekly and Monthly backups, it is still your responsibility to make backups of your own websites. Your cPanel has such a function installed. We only make regular backups of websites where a monthly SA (Service Agreement) is in place and payment is up to date.

Websites Hacked: OptimumSolutions as your hosting service provider or your web designer will not be held responsible if a website is hacked unless we have a Service Agreement. It is the responsibility of the client to keep their website secure with the latest releases of programs and anti-hacking software. OptimumSolutions will endeavour to assist where possible and a monthly web support contract is available.

Updates : You are solely responsible to keep your online programs such as Joomla, WordPress and others (including all components and plugins) up to date. We have packages available if you need assistance.

If the server was hacked and your out of date website was the cause of the hack,  you will be held responsible for the repair and restoration of the server which at the minimum is $550. OptimumSolutions will endeavor to assist where possible and a monthly web support contract (SLA) is available.

Copyrights and Trademarks: The client represents to OptimumSolutions and unconditionally guarantees that any elements of text, graphics, photos, designs, trademarks, or other artwork furnished to OptimumSolutions for inclusion in web pages are owned by the client, or that the client has permission from the rightful owner to use each of these elements, and will hold harmless, protect, and defend OptimumSolutions and its subcontractors from any claim or suit arising from the use of such elements furnished by the client.

Please note that as your hosting company, OptimumSolutions is NOT automatically responsible for the security of your website and your email server. If we do not have a webmaster contract (SLA) with you, you have to make regular back-ups of your own websites and email. This webmaster service or SLA is not included and or part of your monthly hosting fee.

Emails: OptimumSolutions servers are not an archive and OptimumSolutions shall have no liability to you or any other person for loss, damage or destruction of any of your content. We highly recommend that you do use PoP3 as your mail delivery protocol and NOT  IMAP. We do not take responsibility for any email loss – see the Backup heading above.

Webdesign.

When OptimumSolutions quote a website, the following terms are applicable.

1. Quotations are valid for 30 days.
2. All websites and design work is COD, unless specific arrangements are made.
   
3. 50 % deposit required on acceptance, where-after a proof will be submitted before commencing with any work.
4. Website will be made live for 7 days once finished and thereafter it will only be made live once full payment has been received.
5. Terms and conditions can be found on https://optimumstudio.co.za/hosting-terms-and-conditions/

Please feel free to contact us at any time if you need any assistance.

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