Last Updated: 27 Jan 2024
General
3L3Vate Hosting provides hosting services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All registered clients of 3L3Vate Hosting (3L3Vate Pty Ltd) agree to and are subject to our Acceptable Use Policy, Privacy Policy and the following Terms of Services: Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of 3L3Vate Hosting and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that 3L3Vate Hosting shall not be liable for any damages arising from such causes beyond the direct and exclusive control of 3L3Vate Hosting. Subscriber further acknowledges that 3L3Vate Hosting’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall 3L3Vate Hosting be held liable for any special or consequential damages, loss or injury.
Billing
You agree to use all 3L3Vate Hosting services and facilities at your own risk. 3L3Vate Hosting specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall 3L3Vate Hosting be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold 3L3Vate Hosting harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against 3L3Vate Hosting, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, agreed to be performed or any product sold by its customers, its agents, employees or assigns. Clients agree to defend, indemnify and hold 3L3Vate Hosting harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with 3L3Vate Hosting’s network. 3L3Vate Hosting reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party copyright owner are subject to removal from 3L3Vate Hosting’s servers/network. 3L3Vate Hosting shall be the sole judge of what violates this policy. At this time, we bill monthly, quarterly, semi-annually, annually, biannually or triennially depending upon the web hosting plan. We provide a 30-day money-back (refund) guarantee for web hosting services. Each refund request must be submitted using our support ticket system located at htpps://client.3l3vatehosting.co.za. Each refund request is evaluated on a case by case basis – depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. 3L3Vate Hosting will only issue a refund or credit within 7 days after the initial sign up date of the service. Therefore, 3L3Vate Hosting retains the right to grant or deny any refund or credit request – not affected by date. (For some special offers, the money-back guarantee day will be varied; Domain Name registration/transfer fee(s) are non-refundable. Some payments are non-refundable but may receive an account credit. To prevent abuse, only a client’s first invoice is eligible for a refund unless stated otherwise. We accept Visa, Master Card and Stripe. Clients are encouraged to pay via Ozow or Payfast as it is the easiest way to handle payments at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.
Kindly note all prices on our website are exclusive of VAT as we are not VAT registered.
Terms and Conditions for Automated Recurring Payments via PayFast
Introduction
These terms and conditions (the “Agreement”) govern the use of automated recurring payment services provided by 3L3Vate Hosting (“Company”) through PayFast. . By using our services, you agree to be bound by this Agreement and all applicable laws and regulations. Please read this Agreement carefully.
Definitions
1.”Company”: Refers to 3L3Vate Hosting, the entity providing goods or services.
2.”Customer”: Refers to the individual or entity making payments through Stripe.
3.”PayFast”: Refers to PayFast, the payment processing service.
4.”Service”: Refers to the automated recurring payment service provided by Company through PayFast
Recurring Payments
By using our Service, you authorize us to process recurring payments on your behalf. You agree to pay the agreed-upon amount at the specified intervals. You can cancel recurring payments 14 days before a due date of the specific package or domain by following the instructions provided by 3L3Vate Hosting by contacting our customer support.
Payment Processing
Payments will be processed through PayFast’s secure platform. 3L3Vate Hosting is not responsible for any unauthorized charges or security breaches on PayFast’s platform. PayFast’s terms and conditions are an integral part of this Agreement.
Fees and Charges
3L3Vate Hosting will not charge fees for using the Service. All fees and charges are disclosed to the Customer before payments are processed. The Customer is responsible for any additional charges imposed by PayFast or other financial institutions.
Privacy and Data Security
3L3Vate Hosting will handle personal and financial information in accordance with applicable data protection laws. For more details, please refer to our Privacy Policy. PayFast is responsible for the security and handling of payment-related data.
Termination
Either party may terminate this Agreement with written notice 14 days before the due date of the package or domain by submitting an email to info@3L3VateHosting.co.za. Termination will not affect any outstanding obligations, including payments due. No refunds will be processed for our non-refundable services according to the terms and conditions of non-refundable items.
Disclaimer
3L3Vate Hosting and PayFast make no warranties, either express or implied, regarding the Service, including but not limited to its reliability and suitability for a particular purpose.
Indemnification
Customer agrees to indemnify and hold 3L3Vate Hosting and PayFast harmless from any claims, liabilities, and expenses resulting from the use of the Service.
Changes to the Agreement
3L3Vate Hosting reserves the right to modify this Agreement at any time. Customers will be notified of any changes.
Contact Information
For questions or concerns regarding this Agreement, please contact info@3L3VateHosting.co.za.
Uptime Guarantee
3L3Vate Hosting offers each client with a 99.9% uptime guarantee. In the event that a 99.9% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a “compensation” credit, the client must do so by making a request by opening a billing ticket or by emailing support. 3L3Vate Hosting’s network is DDoS (Distributed Denial of Service) protected, we cannot guarantee any level/type of protection. We are often able to protect against various types of attacks up to 20Gbps. Attacks that are larger than this will result in the target IP address being null-routed. We are not responsible for any downtime or performance decreases caused by DDoS attacks.
Limitation of Liability
3L3Vate Hosting shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from 3L3Vate Hosting servers going off-line or being unavailable for any reason whatsoever. Furthermore, 3L3Vate Hosting shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of 3L3Vate Hosting servers. All damages shall be limited to the immediate termination of service.
Payments
All services are billed according to the dates they were first activated on.Over time they will be adjusted to the 1st of each month. with a due date of 28 days after the invoice generation date.
If you do not pay for services within 15 days after due date a late fee of 10% of the total invoice will be added to the invoice.
If you fail to pay an invoice within 30 days after the due date we will suspend your services.
Your service will be cancelled without an option to reinstate 45 days after the due date if payment is not made.
You will receive an email and whatsapp reminders on these dates:
1st Overdue Reminder: 3 days after due date
2nd Overdue Reminder: 5 days after due date
3rd Overdue reminder: 7 days after due date
When a refund is made from 3L3Vate Hosting, a transaction fee occurs on our behalf of the total amount paid from the client. A penalty fee of 10% from the total amount paid by the client will be deducted. 3L3Vate Hosting will not be liable to issue the full refund that exceeded the initial amount stated on invoices.
Non Refundable Services
Domain registration or transfers, WHMCS licences, Softaculous licences, Direct Admin/cPanel/Plesk licensing, domain registrations.
Credits
Credits on accounts due incorrect billing by Billing department will be processed immediately. Withdraws for Affiliate Credits or payments can take 21 days. Credits to bank accounts can only be done 21 days from request
SMS/WhatsApp Notifications
3L3Vate Hosting will send an SMS notification to all customers who have not opted out of receiving SMS notifications when the following occurs:
- First Invoice Overdue Notice is generated
- Third Overdue Invoice is generated
- Domain expires
- Service is suspended
Marketing
Users may choose to opt-out to any of our marketing during registration, Our client area, SMS, Email, etc. You agree to allow us to market and provide you with new information of our services via sms, email, Whatsapp, etc. unless you opt-out via SMS or any other means. We will adhere to the GDPR Law and POPI Act however if you would like us to remove you kindly contact support or disable it via your client area.
Domains
Domain Purchases are non-refundable. Transfer fees are non-refundable when domain is already transferred. If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement. Domain name WHOIS records must be on the OWNER’S details not the RESELLER or 3L3Vate Hosting itself. The current pricing is displayed on our website. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area. Domains are ONLY auto renewed with a positive credit balance containing enough funds to renew the domain/s After 10 to 29 days(depending on domain extension) of being expired, domains enter the redemption period. At this point, a renewal fee of ZAR 300 (.com etc.) and ZAR 250 (co.za, org.za, etc.) to renew the domain name. 3L3Vate Hosting will request that you to pay this cost until the 30th day past expiration and we will try to renew it. After the 30 day expiration deadline, the domain will no longer be available and may have to be re-registered when it becomes available. If Invoices are not paid on time by due date and domain has expired and redemption stage passed the invoice may go into cancelled state as it will now need to be re-registered Should an expired domain enter the redemption period, the cost of restoring the domain could be substantial so kindly renew the domain on time. Prices to domains can change unexpectedly at anytime. We will notify customers within 24 to 48 hours of such a change. If for any reason a premium domain is registered there may be a additional cost to manage the domains. Please pay before(early) to ensure all goes through successfully and you do not loose your domains. We do not assist client’s clients in anyway – it is against policy and unethical to do so.
Free Domain Registration for some annual higher end packages (Advanced, Business and Pro) applies to the certain domain extensions only. If for any reason your domain is not registered, renewed or transferred correctly, 3L3Vate Hosting, its directors, agents or employees WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE for any reason including human error. Hence please check that your domain is registered, renewed or transferred correctly at all times. We will however do our best to assist as best we can in transferring and registration of each and every domain.
Email Account Storage Limit
As we are a shared hosting provider we have limits in place to ensure “Fair Usage” and to keep our Email Services running optimally. When customers accounts are larger than 20 GB – indexing takes longer and statistics processing can also be an issue to complete. This is one of the reasons why we have a set limit on emails accounts of 20GB. If any customer has an email account storing emails larger than 20GB it is against this policy and we could request the customer move their hosting or in turn upgrade to a VPS. Preferably they could clean their email accounts of old emails they do not require.
Resellers
Resellers are responsible for their own customer support to their clients.
Resellers should manage their own WHM accounts however if they require guidance or assist. We require a live chat request or ticket.
Resellers should have an agreement in place with their own customers on their website.
Resellers domain names will usually be under their name however can make changes under our client area if need be.
Loss Or Corruption Of Data
You acknowledge and agree that 3L3Vate Hosting is not and shall not be responsible or liable for any loss of any kind (including lost profits) or corruption of data that you may experience on the Services or otherwise, nor are we required to return to you any data that you have stored on the Services. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of your web pages or the 3L3Vate Hosting site, network, system, or server “crashes” or outages, or other power outages, damage caused by viruses, worms, or security breaches, file corruption, and any other cause. We recommend that you to maintain backup versions of your web pages and related information to help protect yourself against such losses. We however do server backups daily and account weekly backups and have and will continue to do our utmost to protect all our clients even free hosting client’s data to the fullest extent with all our backup software and servers.
Acceptance of 3L3Vate Hosting Policies
You agree to Acceptable Usage Policy and Privacy Policy.
Term/termination
This agreement shall be effective upon when applying for hosting services from 3L3Vate Hosting. You may terminate this Agreement immediately for any reason at any time by sending mail to info@3L3VateHosting.co.za.
Termination by 3L3Vate Hosting.
When account is cancelled and terminated backups are only kept for a period of 1 week (Except for VPS servers which are immediate). Please contact us within 1 week if you require backup of your cancelled account.
Disclaimer
3L3Vate Hosting cannot be held liable for system downtime, crashes, or data loss. 3L3Vate Hosting has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by 3L3Vate Hosting are resold. Thus, certain equipment, routing, software, and programming used by 3L3Vate Hosting are not directly owned or written by 3L3Vate Hosting. Moreover, 3L3Vate Hosting holds no responsibility for the use of our clients’ accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as 3L3Vate Hosting sees fit. 3L3Vate Hosting is not responsible for any clients files, data or actions. FURTHERMORE, 3L3Vate Hosting retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.