Specific terms & conditions
- Legal Notices
- Our Hosting Terms
- Acceptable Use Policy
- Access to Information Act
- Website Copyright
- Microsoft Software
- Complaints Escalation Procedure
- Reporting Abuse
- ISPA Code of Conduct
- Protection of Minors
- Registrant Rights and Responsibilities
- Hardware Policy
- Account Blocking Policy
- Email Disclaimer
OUR HOSTING TERMS (SPECIFIC TERMS)
(Last updated: July 2011)
(Previous versions: August 2007, February 2008, July 2009, March 2010)
Hetzner (Pty) Limited (Registration No. 2005/023926/07) ("Hetzner") is a leading South African web hosting service provider that gives a range of web hosting Services to its Customers. We provide the Services to Customers subject to Our Hosting Terms.
1. Interpretation and Definitions
1.1. Unless the context clearly indicates to the contrary, any term defined in the General Terms will, when used in these Specific Terms, bear the same meaning as defined in the General Terms.
1.2. Unless the context clearly indicates to the contrary, the following words will have these meanings:
|Administrator and Registry||UniForum SA, the administrator of the .co.za Domain Name space;|
|Administrator Policies||the Administrator policies published by the Administrator from time to time located at www.registry.net.za;|
|Domain Names||is an easy to remember name that points directly to your website. Hetzner hosts domain names as part of its Domain Service to customers;|
|Domain Services||the Services we provide to you in respect of the Domain Names as set out in these Special Terms;|
|Email the Services||
we provide to you in the form of
|Harmful Code||any computer code that:
|Illegal Content||content in violation of any law;|
|Location||the Hetzner Data Centres situated in Cape Town and Johannesburg as well as in Germany or any other address we indicate to you;|
by a Customer includes:
|Registrar||means an entity such as Hetzner who has been accredited by the Administrator to perform Domain Name related transactions in the .co.za Domain name space;|
|Registrant||means the entity applying to register a Domain Name;|
|Server||the computer hardware, machinery, and equipment on which the software operates;|
|Server Hosting||the Services that we provide to you;|
|Software||the operating system and applications we provide to you;|
any conduct that does or may:
2. Undertakings and acknowledgements
2.1. We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.
2.2. Although we use reasonable care and diligence to ensure that the Services are:
3. Hosting terms
3.1. Hetzner is a member of the Internet Service Providers’ Association (ISPA). We abide by and uphold the ISPA Code of Conduct.
3.2. We provide Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
3.3. We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us. If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.
3.4. We will use all reasonable steps to verify the identity of your representative that wishes to access your Server at the Location. However, we will not be liable for any loss or damage you suffer because of a non-authorised person gaining access to your Server at the Location. You must notify us in writing of your representatives who are entitled to access your Server at the Location.
3.5. If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services.
3.6. We have no knowledge of, nor interest in Customer content hosted on your behalf by Hetzner on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.
3.7. Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in the General Terms will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence and any system error or failure, whether foreseen or unforeseen. Managed Shared Hosting (Web Hosting)
3.8. We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will setup the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated as per clause 3.10 below, that may result from the use of the software). You use the software at your own risk.
3.9. Where appropriate, we will maintain the software on our managed Servers.
3.10. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through konsoleH. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to use of any traffic management and reporting tools:
all information will not be real time information and there will always be a one day delay in the furnishing of information; and
- we will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
- We are not entitled to give you further information on traffic usage other than what is reported through konsoleH.
Managed Dedicated Hosting
3.12. We will make a Server available to you for your own exclusive use. The Server will at all times remain Hetzner’s property. We will setup and manage the Server at the Location on your behalf.
3.13. All Server log files remain Hetzner’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.
3.14. You must not remove the Server from a Location.
3.15. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.
3.16. Clause 3.10 will also apply to these Services.
3.17. If the Server becomes the target or source of any form of denial of service attack and Hetzner believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.
3.18. Hetzner will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You therefore use the software at your own risk.
3.19. We are not responsible for any licensing of any software you use.
Managed Hosting (Shared and Dedicated), Service Availability, Service Level Guarantee and Network Uptime Guarantee
3.20. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
3.21. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.
3.22. Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.
3.23. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
3.24. You will not receive any credit:
- if there is a degradation of the Service outside our control;
- during scheduled maintenance windows;
- on the happening of a force majeure event;
- should a well formed DDoS attack target your server or hosting infrastructure;
- where the downtime is due to:
- failure of access circuits to our network,
- Domain Name Server issues outside our direct control,
- DNS propagation,
- negligent customer acts or omissions; or
- outages elsewhere on the Internet that hinder access to your hosting services.
- We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.
3.25. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at firstname.lastname@example.org. The email must include the domain or Server name associated with your hosting service in the "subject" line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles according to our Refund Policy. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
TruServ™ Dedicated Hosting
3.26. We will make a Server available to you, installed with the latest version of an operating system, from a list of available options we give you. If you elect to have a Microsoft operating system installed that we provide, you are bound by the licensing terms & conditions of the relevant Microsoft Software with effect from when the Microsoft Software is first installed on the Server.
3.27. You will manage the operating system and all software on the Server. Hetzner will not and has no obligation to get involved in any aspect of managing the Server apart from the hardware.
3.28. The allocated Server remains Hetzner’s sole property.
3.29. If you request any deviation from the standard hardware offering we will give the non-standard hardware, but the cost will be passed directly on to you. The hardware remains our property. If you opt for an onsite spare for the hardware, the spare components will remain your property.
3.30. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.31. We will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You use the software at your own risk.
3.32. Clause 3.10 will also apply to these Services.
3.33. We are not responsible for any licensing of any software you use, other than where you are leasing Microsoft software through Hetzner.
TruServ™ Dedicated Hosting Hardware Guarantee
3.34. We will give you the following support. The repair or replacement of:
- network interface cards;
- patch cables;
- hard drives;
- central processing units (CPUs);
- fans that cause a CPU to fail;
- power supplies and
- ("TruServ™ Problems")
Support and Service Level Guarantee
3.35. This guarantee only applies to TruServ™ Dedicated Hosting Customers. We will try to respond to and resolve all TruServ™ Problems that specifically relate to Server hardware within 90 minutes of you reporting the problem to us over the phone.
3.36. If we do not Resolve (as defined below) the TruServ™ Problem within 90 minutes or the extended period Hetzner may advise, we will give you a credit equal to one month's worth of the base hosting fee. For purposes of this clause,"Resolving" means that the Root Server originally provided by Hetzner responds to a ping as measured by our network monitoring system. If your TruServ™ Server has not been configured to respond to ping requests, you must provide us with another way of determining that the Server is visible on the network. If you do not do this we will be relieved of our obligations under this clause.
3.37. You must also understand that Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
Network Uptime Guarantee
3.38. We guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.
- Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on your Server.
- Network downtime exists when you are unable to ping the Server and it is measured according to our monitoring system.
3.40. You will not receive the credit if the TruServ™ Server problem is attributable to:
- scheduled maintenance;
- a degradation of the Service outside our control;
- a force majeure event;
- a well formed DDoS attack against your server or hosting infrastructure;
- negligent acts or omissions on your part that results in the operating system failing;
- you requesting us to reinstall a version of the operating system software other than the latest version of the operating system software;
- you being unavailable which results in us being unable to establish contact with you to resolve the problem; or
- you failing to follow the prescribed procedure timorously or at all, as indicated in 3.36.
Custom Hosting Solutions (CHS)
3.42. We provide the CHS Service to you according to the proposal you have accepted , together with any written specification that has been agreed to between the parties and these Specific Terms & Conditions, the General Terms and Conditions and Acceptable Use Policy.
3.43. When we make Servers available to you for your own exclusive use, the Servers will at all times remain Hetzner’s property. You must not remove the Server from a Location. CHS will setup and manage the Server at the Location on your behalf.
3.44. All Server log files remain our property. If you requests us to give you a Server log file, a copy of the relevant log file will be given to you.
3.45. We will manage the Servers, including the hardware, agreed Software, and upgrades at our sole discretion. CHS Customers will be informed before any adjustments or upgrades and a suitable time will be agreed upon between parties.
3.46. Where we supply and install the Software, we will do so according to the written specifications agreed to between both Parties. For that purpose, you must give us all the relevant information and co-operation needed to enable us to do the installation. If there are any extra costs involved with the Software, which were not present before we contracted with you, these will be for your account. If you need CHS assistance for the installation of the Software, you will be charged according to our standard hourly rates.
3.47. Where appropriate, we will in our sole discretion, maintain the Software on your CHS Servers.
3.48. You are responsible for all bandwidth and traffic associated with your Server. We will monitor your traffic usage and any spikes that may occur during business hours. However you remain solely responsible for all traffic associated costs. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.49. We will not be responsible for your use of any Software that you may install (and any vulnerabilities including traffic generated as per clause 3.48 that may result from the use of the Software). You use the software at your own risk.
Troubleshooting, ad-hoc (intermittent) and emergency work
3.50. Any troubleshooting you request will be charged at our standard hourly rate. If the cause turns out to be due to the gross negligence on our part, these charges will be waived. Our senior management will decide whether or not an act of gross negligence has been committed.
3.51. If you require any ad-hoc (on request) work to be done outside Business hours (as defined in clause 3.57), you must specifically schedule this with us. We will only attend to emergency work outside of Business hours.
3.52. We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.
CHS service fees
3.53. We have the right to increase the CHS service fees annually following the anniversary of the date we started providing our Services to you ("the Anniversary Date"). We will give you written details of any such increase at least 30 days prior to each Anniversary Date and any amendment or variation of the service fees will be seen as an amendment of Our Hosting Terms. If you object to the increase in the service fees, you can terminate your relationship with us under clause 14 of our General Terms and Conditions.
CHS Support and Service Level Guarantee (SLA)
3.54. The CHS Service is accompanied by our 99.9% network uptime guarantee. SLA claims, as defined in our standard Terms and Conditions, are only applicable to the standard, fixed monthly charges. Any ad-hoc time and third party costs (for example hardware, traffic over-usage) are exempt from any form of SLA claim.
3.55. Service disruptions will be attended to within:
- 15 minutes during business hours; and
- 60 minutes out of business hours.
CHS Hardware Guarantee
3.56. We will try to respond to all CHS problems that specifically relate to Server hardware within 90 minutes of the problem occurring. If we do not resolve the Server problem within 90 minutes or the extended period as we may advise, we will give you a credit equal to one month's worth of the base hosting fee.
3.57. You must also understand that the Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
Network Uptime Guarantee
3.58. We guarantee that our network will be available 99.9% of the time in any month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
- Network uptime includes functioning of all network infrastructures, including routers, switches, firewall, and cabling.
- Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our CHS monitoring system.
3.60. If you, as a CHS Customer have a High Availability solution as part of the CHS proposal agreement, an additional SLA will be agreed upon in the proposal, signed by you.
3.61. You will not receive any credit:
- if there is a degradation of the Service outside our control;
- during scheduled maintenance windows;
- should a well formed DDoS attack target your server or hosting infrastructure;
- on the happening of a force majeure event; or
- where the downtime is due to failure of access circuits to the our network, Domain Name Server issues outside our direct control, DNS propagation, your negligent acts or omissions or outages elsewhere on the Internet that hinder access to your hosting services.
3.63. If you wish to exercise your right, you must request it by sending an email to us at email@example.com. Each request must include the dates and times of the network unavailability. The request must be received within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will do so within two billing cycles after our receipt of the requests, in accordance with our Refund Policy. Despite anything to the contrary, the total amount credited to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
3.64. You must supply your own Server and peripherals, which will be placed at the Location. You will configure the Server to meet your own specific requirements.
3.65. You remain solely responsible for all aspects of the Server. We will be responsible for the facility the Server is stored in and for the network connection only.
3.66. Clause 3.10 will also apply to these Services.
3.67. If your Server becomes the target or source of any form of denial of service attack, we may disconnect the Server from the network if we find that no other solution is possible at that stage.
3.68. We will use our best endeavours to protect the Server from dust, dirt, water leakages, or destructive elements (including lightning, flooding, or fire). We will make our best effort to provide you with a smooth, uninterrupted electrical power supply to the Server. Other than as specifically provided for in these Specific Terms, we will not be liable for any loss or damage as a result of any failure on our behalf.
3.69. We do not warrant that you will always have access to the Server either remotely or at the Location; however we will use our best endeavours to give you reasonably required access to the Server. You must however at all times adhere to the standard health and safety guidelines laid down for customers entering the Location. We may deny you access to the Location if we at any time have reason to believe that you are failing to comply with the procedures and guidelines.
3.70. We are not the owner of the Location where your Server is located. When you are at the Location you will be bound by any policies and notices relating to the Data Centre that the landlord might have in force. We are not responsible for the general building security. We will not be liable for any damages, injury, or death resulting from your access to, or use of, the Location or the equipment contained at the Location; or an inability to access and use the Location.
TruServ™ Dedicated and Co-Location Hosting Fees
3.71. You will pay us a base hosting fee for TruServ™ Dedicated Server and Co-Location hosting as indicated on the website.
3.72. The base hosting fee does not include any other fees such as:
- setup fees;
- fees relating to incremental bandwidth usage;
- fees for extra IP addresses; and
- random access memory and hard drive
4. Email terms
4.1. We will provide the following email related Services for Customers selecting shared or managed dedicated hosting only:
- Filtering of unsolicited commercial email (SPAM): This is done on a best effort basis, without any guarantees, using appropriate best of breed technologies (for example SpamAssassin which is the most widely used open source filtering software);
- Virus filtering: This is done on a best effort basis without any guarantees, using appropriate best of breed technologies (for example Clam that is a very popular open source solution).
- An SMTP (simple mail transfer protocol) server for the sending of outgoing mail;
- A POP3 (post office protocol) server for the downloading of incoming mail.
- IMAP (internet message across protocol) Server for the reading of mail.
4.3. We will:
- do our best to support the setup and configuration; and
- not be held responsible if there is any incompatibility between our Systems and any other third party application.
5.1. The Administrator runs the registry system used to process co.za Domain Name related transactions initiated by Domain Name Registrars, such as Hetzner, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.
5.2. We have been accredited as an independant Registrar to register Domain Names on the Adminstrator’s registry system. All Domain Names that we register on your behalf within the .co.za domain name space are subject to the Administrator Policies, which may be amended from time to time.
5.3. We act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Adminstrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator.
5.4. We also use the Services of an international registrar to register generic Top Level Domains (gTLDs such as .com and .org) as well as Top Level Domains in non-South African country codes (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you.
5.5. The following principles apply with regard to Domain Name registrations:
- Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.
- We do not permit “cybersquatting” (also known as “domain squatting”): registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.
- Registering a Domain Name is like getting a licence. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”.
- It is important to ensure that the correct person or entity is reflected as the Registrant as Hetzner will only act on the instructions of the Profile Owner or anyone authorised to act on the Hetzner profile. In certain instances the Registrant might not be the Profile Owner.
- You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.
- We will insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry.
- Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable licence to use the IP address for the duration of our agreement with you.
- If you are a Hetzner Reseller, you agree not to make yourself the Registrant of your customer’s Domain Name. If you do so, we reserve the right to terminate your Reseller status.
- All new co.za registrations are allowed a grace period of seven consecutive days immediately following the registration of the Domain Name, during which you can cancel your Domain Name registration with minimal cost implications.
- Domain Names are registered for one year. Whilst we will try to ensure that your Domain Name does not lapse, it is your responsibility to ensure that your Domain Name does not lapse. Our systems have been programmed to automatically renew your Domain Name unless you expressly tell us not to do so, in which case it will lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable.
5.7. You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.
5.8. The following fees will be incurred by you:
- the annual Administrator Fee for the Domain Name;
- our Service fee for applying for, and where applicable, maintaining the registration of a Domain Name on your behalf; and
- all reasonable expenses or charges relating to the registration, transfer, or renewal of the Domain Name.
5.9. You warrant that:
- you are entitled to register and use the Domain Name; or
- you have the consent of the Registrant to use the Domain Name if you are not the owner; or
- you are not prohibited by law or otherwise from registering the Domain Name; and
- in using the Domain Name, you have not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.
Changes to .co.za Domain Name and Domain Name Information
5.11. It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change within the seven day grace period mentioned in clause 5.5 and 5.6, you will be required to pay a fee to the Registar.
5.12. Either the Registrant or its agent (as described below) can change co.za Registrant information (for example the Registrant’s name, email address, telephone number and physical address) through konsoleH.
5.13. If the Registrant has a Hetzner profile, the Registrant can make the changes.
5.14. If the Registrant has appointed an agent with a Hetzner profile to administer the Domain Name, the Domain Name will be linked to that agent’s profile and the agent will be able to make the changes.
5.15. Hetzner will only act on the instructions of the Profile Owner or anyone authorised to act on the profile.
5.16. Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of five consecutive days will commence. This five day period has been instituted by the Administrator and cannot be modified by Hetzner. On expiry of the pending update period, the Domain Name information will automatically be updated.
5.17. The Registrant can ask Hetzner to create a profile and transfer control of the Domain Name to the Registrant’s profile at any time, provided any requirements laid down by Hetzner are met.
5.18. In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or Hetzner profile to which the Domain Name is linked, we will prevent either party from accessing or performing domain updates through konsoleH until such time as the dispute has been resolved or we receive written instructions to change the name of the Registrant from:
- the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary;
- a written and valid resolution of the members, shareholders or trustees of a close corporation, company or trust authorising the transfer of the Domain Name to the new Registrant;
- a written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to the partner;
- a letter from the executor where the Registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity;
- an order of Court in relation to any of the above; or
- an order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.
5.20. The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates through konsoleH.
Domain Name Transfers to another Registrar
5.21. You are able to transfer your Domain Name to another Registrar at any time other than during the grace period.
5.22. If you want to do so, a specific process has to be followed. This process has been laid down by the Administrator in the Administrator Policies.
5.23. Upon applying to change the Registrar information for a Domain Name through the registry system, the gaining Registrar will commence a Registrar Change Process, which will ultimately result in the proposed changes being implemented.
The Table below illustrates the voting outcome when you request your Domain Name to be transferred to another Registrar. The Administrator (Registry) will send the Registrant and the losing Registrar an email which requires a vote to complete the transfer process. The various outcomes are demonstrated in the table below according to the voting actions. For example should both the Registrant and the losing Registrar vote Yes (Y) then the transfer will take place immediately.
|"Y" – Authorise Transfer||"#" – Do Nothing||"N" – Decline Transfer|
|2||Y||N||Transfer on expiry of pending transfer period (5 days)|
|3||Y||#||Transfer on expiry of pending transferperiod (5 days)|
|5||N||N||Reject Transfer on expiry of pending transfer period (5 days)|
|6||N||#||Reject Transfer on expiry of pending transfer period (5 days)|
|8||#||N||Reject Transfer on expiry of pending transfer period (5 days)|
|9||#||#||Reject Transfer on expiry of pending transfer period (5 days)|
Domain Name Cancellations
5.24. A Domain Name can be cancelled at any time other than during a grace period.
5.25. Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.
5.26. Once initiated, a period of five consecutive days must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.
5.27. The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.
Domain Name Renewals
5.28. We will give you a renewal reminder by email within 66 days prior to the renewal date of your Domain Name.
5.29. If you do not want to renew the Domain Name, you must give notice by clicking on the link in the renewal reminder email. This will automatically instruct us not to renew the Domain Name. This notice must be given at least 33 Business Days prior to the domain name renewal date.
5.30. If you do not give the required notice we will automatically renew the Domain Name and a renewal fee will be added to your next invoice.
Payment Default of the Domain Services
5.31. If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:
- exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid;
- obtain or allow the suspension, termination, or deletion of the Domain Name; or
- transfer the Domain Name to another Registrant.
Termination of the Domain Services
5.32. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.
5.33. If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages (as contemplated in our Hosting Terms) you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.
Domain Name Disputes
5.34. Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:
- the Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs;
- the Alternate Dispute Resolution Regulations applicable in South Africa; and
- similar proceedings in other ccTLDs.
5.36. We will not participate in any way in a dispute between you and a third party. If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our attorney’s fees).
5.37. Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised. Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, re-instated or released until they are unlocked.
6. Other Services
6.1. We offer third party services.
6.2. While we make every effort to select reliable vendors, maintain relationships and hold them accountable to ensure a reliable service on behalf of our Customers, we do not control and are not responsible for those services and you use those third party services at your own risk.
6.3. We will not be liable for any loss or damage you have suffered as a result of your use of such third party services including any interruption or unavailability of the third party services.
7. Reseller Responsibilities
7.1. Resellers are responsible for supporting their clients. We don’t provide support to our Reseller's clients. If a Reseller's client contacts us, we reserve the right to place the client’s services on hold until the reseller can assume their responsibility for their client. All support requests must be made by the Reseller on their clients' behalf for security purposes. We reserve the right to terminate your Service with Hetzner if you fail to provide adequate first line support to your clients.
7.2. As a Reseller, you recognise that Hetzner is ultimately responsible for the provision of the Service. Under certain circumstances Hetzner may be compelled to deal directly with your client. This may happen for example where:
- you are unable to attend to any requests by your client due to unavailability i.e. you are not contactable over a period of 48 hours,
- you fail to comply with any lawful client request or effect technical changes to enable your client to receive the Services,
- you fail to pay any amounts owing to Hetzner on due date or
- you die. In such event you irrevocably appoint Hetzner as your attorney and agent to do all such things and sign all documents relating to the Service as may be necessary.
7.4. You agree not to publish or distribute any advertising material or make any public or press statements regarding Hetzner or our Services without prior written consent from Hetzner.
7.5. You may not use the name “Hetzner” or any abbreviation in any manner without the prior written consent from Hetzner.
7.6. As a Reseller you have access to our konsoleH Control Panel in order to manage settings, including, but not limited to the renewal of the Services, email settings as well as the ability to view and manage domain names and run reports. Under no circumstances are you allowed to customise, re-brand or in any way modify konsoleH for your own use. You must only provide access to employees and clients, authorised by yourself (“Authorised Users”) to have access to konsoleH. As a Reseller, you are responsible for all access to konsoleH by your Authorised Users and for any actions taken by any of the Authorised Users.
7.7. We reserve the right to take whatever action we feel necessary at any time to preserve the security and reliable operation of our infrastructure and you undertake that you will not do or permit anything to be done which will compromise Hetzner’s security.
7.8. You authorise Hetzner to act on any instruction given by or purporting to originate from yourself or your client, even if it transpires that Hetzner, yourself and your client have been defrauded by someone else, unless you or your client has notified Hetzner prior to Hetzner acting on a fraudulent instruction.
7.9. You are solely responsible for processing all billing for your clients and for all debt collection relating to your clients.
7.10. All fees will be payable to Hetzner as soon as they become due.
7.11. In the event of a dispute arising between the parties, you are obliged to continue paying the Service Fees as and when they become due and payable in terms of this Agreement.
7.12. You unconditionally and irrevocably indemnify Hetzner and agree to hold Hetzner free from and harmless against all losses suffered or incurred by Hetzner as a direct or indirect result of your or your client’s use of the Services, or any downtime, outage, interruption in or unavailability of the Services.