Terms of Use

The Terms of Use outlines the conditions for using Abantu Cloud Africa's services.

Introduction

Welcome to Abantu Cloud Africa! By using our services, you agree to comply with and be bound by the following Terms of Use. This document outlines the terms and conditions that govern the use of our services. Please read this agreement carefully before accessing or using our services.

Abantu Cloud Africa (Pty) Ltd, a private company registered in South Africa under company registration number 2015/180811/07, having its registered office at [63 Peter Place, Sandton, 2169] and principal place of business at [63 Peter Place, Sandton, 2169] (hereinafter referred to as ‘Abantu Cloud Africa’).

Acceptance of Terms

By accessing and using our website or any of our services, you accept and agree to be bound by the terms and conditions of this Terms of Use. If you do not agree to these terms, please discontinue using our services.

Abantu Cloud Africa 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 Abantu Cloud Africa (abantuhost.co.za) agree to and are subject to our Acceptable Use Policy, Privacy Policy and the following Terms of Uses: Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Abantu Cloud Africa and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that Abantu Cloud Africa shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Abantu Cloud Africa. Subscriber further acknowledges that Abantu Cloud Africa’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 Abantu Cloud Africa be held liable for any special or consequential damages, loss or injury.

Changes to This Agreement

We reserve the right to modify this Terms of Use at any time. Any changes will be posted on this page. Your continued use of our services after any modifications to this agreement constitutes acceptance of those changes.

Use of Services

By using Abantu Cloud Africa’s services, you agree to use our services for lawful purposes only and in compliance with all applicable laws and regulations. You agree not to misuse our services or interfere with their normal functioning.

User Account

To access certain services, you may be required to create an account with Abantu Cloud Africa. You agree to provide accurate and current information during the registration process and keep your account information up to date. You are responsible for maintaining the confidentiality of your account and password and for any activities that occur under your account. Customers are solely responsible for ensuring that their websites, applications, and any custom code are compatible with the server environment. Customers also have the option and we recommend to enable 2FA on their accounts.

Intellectual Property

All content provided by Abantu Cloud Africa, including but not limited to text, graphics, logos, images, and software, is the property of Abantu Cloud Africa or its content providers and is protected by copyright, trademark, and other applicable laws. You may not reproduce, distribute, or use any of the content without our prior written permission.

Billing and Payment

You agree to pay for the services you select in accordance with our pricing and billing policies. Abantu Cloud Africa reserves the right to suspend or terminate services if payment is not made in a timely manner. All payments are non-refundable unless otherwise stated in our refund policy.

You agree to use all Abantu Cloud Africa services and facilities at your own risk. Abantu Cloud Africa specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall Abantu Cloud Africa 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 Abantu Cloud Africa harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Abantu Cloud Africa, 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 Abantu Cloud Africa harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Abantu Cloud Africa’s network. Abantu Cloud Africa 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 Abantu Cloud Africa’s servers/network. Abantu Cloud Africa 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 my.Abantu Cloud Africa.host. 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. Abantu Cloud Africa will only issue a refund or credit within 7 days after the initial sign up date of the service. Therefore, Abantu Cloud Africa 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 Stripe 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.

For certain countries we may have to collect VAT. Please check your invoice for detailed breakdown.

Upon Suspension or Termination of services: 1. will not be eligible for any re-imbursement of any fees paid in advance for services. 2. will pay all outstanding fees 3. may be stopped from re-subscribing on any new account or service until all outstanding fees are paid in full or resolved.

All services are billed according to the dates they were first activated on. If you do not pay for service renew 3 days after due date, your service will be suspended. If you do not pay for service renew within 30 days after suspension, your service will be terminated. You will receive an email reminder 7 days until deactivation. A penalty fee will incur if a payment with an incorrect amount is made to Abantu Cloud Africa. When a refund is made from Abantu Cloud Africa, 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. Abantu Cloud Africa will not be liable to issue the full refund that exceeded the initial amount stated on invoices.

Non Refundable Services

Domain registration / renewals or transfers, WHMCS licences, Softaculous licences, cPanel/Plesk licensing.

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.

WhatsApp Notifications

Abantu Cloud Africa will send an WhatsApp notification to all customers who have not opted out of receiving WhatsApp notifications when the following occurs: First Invoice Overdue Notice is generated Third Overdue Invoice is generated Domain expires Service is suspended

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 Abantu Cloud Africa 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 R3000 (.com etc.) and ZACR R300 (co.za, org.za, etc.) to renew the domain name. Abantu Cloud Africa 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 annual packages applies to the certain domain extensions only. If for any reason your domain is not registered, renewed or transferred correctly, Abantu Cloud Africa, 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.

Auto-renew-only domains

Some TLDs do not have a manual renewal option. These auto-renew-only domains cannot be renewed by manually placing a renewal order.

The domain's auto-renew setting must be enabled before the auto-renew-by/delete-by date to renew the domain. The Enom system will automatically attempt a renewal 30 days before the expiry date. The auto-renew setting should be left enabled on these domain names unless you no longer wish to renew the domain.

If the auto-renewal fails, the domain will go into a redemption period. At that point, the account holder can usually recover the domain for an additional redemption fee.

Note: Domains with a negative delete-by date are deleted/go into redemption after their expiry dates. Each registry purges a domain after expiry in its own time, so the redemption periods listed below may not be an exact match to registry timelines.

Resource Usage:

Users may not: Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("https://yourdomain.com /include.php") use include("include.php") To help reduce usage, do not force html to handle server-side code (like php and shtml). Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

Excessive Usage / Websites allowed: To ensure service levels within the Shared Hosting platform are stable and reliable, Abantu Cloud Africa utilises various methods to protect its customers and associated systems from abuse which includes, but is not limited to, the following:

Excessive SQL Databases Services with SQL databases larger than 8GB individually (We Limit to 10GB), or if a database is deemed to be negatively affecting the shared hosting platform (i.e. if the database uses 200% more resources than our average database, or exceeds a reasonable RAM allocation). Excessive inode count: Services with an inode count in excess of 2000 000 may result in adverse effect on server performance and is may be deemed abuse at Abantu Cloud Africa's discretion. You will need to upgrade to a VPS Server if necessary. Excessive domain, email and FTP services: Abantu Cloud Africa does not set specified limits to the domain, email and FTP services, but at it's sole discretion may suspend or deactivate a service should it adversely be impacting the performance of the Shared Hosting environment. Excessive bandwidth, email and diskio usage. We don's monitor Website Usage for excessive usage. No Gambling sites, Lottery sites, Pornography sites, Bitcoin, Crypto Sites similar to Binance, Music, Movies or excessive streaming allowed as this is for web hosting,vps hosting and web services alone and to have fair usage and environment for all clients. Also note our server cannot be used to store backups that are excessive for long periods of time or storing high file usage like documents,etc. Our servers are mainly for website and mail storage. We note any traffic usage above 300GB as excessive per month but only if it affects other customers by causing high diskio or network usage is used excessively.

VPS Server Backups

All VPS Servers come with 1 weekly backups which is overwritten each weekend. This is to protect from server, system or client full data loss. Managed and Unmanaged Clients may still create their own backups, and we do recommend this as corruption can occur and its always best to play extra safe. Unmanaged servers do not have local or weekly backups, Unmanaged VPS clients should ensure they have setup some SVN or backup system on their VPS for database and web file backup revisions. Managed servers however can be set to have daily, weekly or monthly backups from within WHM in cPanel or Plesk but these are stored local on the server.

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 Abantu Cloud Africa 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 Abantu Cloud Africa 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.

Abantu Cloud Africa shall not be liable or responsible for the backing up, restoration or loss of Data under any circumstances. All Customers are solely responsible for ensuring their Data is regularly backed up and for restoring such backups in the event of data loss or corruption.

Dedicated Servers

All dedicated servers come with RMM for emergency access.

Any cancellation for dedicated servers will immediately cancel licences attached to the dedicated server as addons. This also will action our system admin team to cancel the server within 30 days of the cancellation and remove all data. Note all data is lost once the 30 Days are exceeded.

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.

Termination of Services

Abantu Cloud Africa reserves the right to terminate or suspend your access to our services at any time, without notice, for conduct that we believe violates this Terms of Use or is harmful to Abantu Cloud Africa’s interests or the interests of other users.

This agreement shall be effective upon when applying for hosting services from Abantu Cloud Africa. You may terminate this Agreement immediately for any reason at any time by sending mail to support@Abantu Cloud Africa.host.

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.

Uptime Guarantee

Abantu Cloud Africa 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. Abantu Cloud Africa’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.

Disclaimer of Warranties

Abantu Cloud Africa provides its services on an "as-is" and "as-available" basis. We make no warranties, express or implied, regarding the availability, accuracy, or reliability of our services. You agree that your use of our services is at your own risk.

Limitation of Liability

Abantu Cloud Africa shall not be liable for any damages resulting from your use of, or inability to use, our services. This includes, but is not limited to, direct, indirect, incidental, and consequential damages.

Abantu Cloud Africa shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Abantu Cloud Africa servers going off-line or being unavailable for any reason whatsoever. Furthermore, Abantu Cloud Africa 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 Abantu Cloud Africa servers. All damages shall be limited to the immediate termination of service.

Abantu Cloud Africa cannot be held liable for system downtime, crashes, or data loss. Abantu Cloud Africa 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 Abantu Cloud Africa are resold. Thus, certain equipment, routing, software, and programming used by Abantu Cloud Africa are not directly owned or written by Abantu Cloud Africa. Moreover, Abantu Cloud Africa 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 Abantu Cloud Africa sees fit. Abantu Cloud Africa is not responsible for any clients files, data or actions. FURTHERMORE, Abantu Cloud Africa retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

Indemnification

You agree to indemnify and hold harmless Abantu Cloud Africa and its affiliates, officers, employees, and agents from any claims, damages, or expenses arising out of your use of our services or violation of this Terms of Use.

Governing Law

This Terms of Use shall be governed by and construed in accordance with the laws of South Africa, without regard to its conflict of law provisions. Any legal action or proceeding arising from your use of our services shall be brought exclusively in the courts located in South Africa.

Privacy and Data Security

Abantu Cloud Africa will handle personal and financial information in accordance with applicable data protection laws. For more details, please refer to our Privacy Policy. Stripe is responsible for the security and handling of payment-related data. Refer to Stripe’s Privacy Policy for more information.

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 billing@Abantu Cloud Africa.host. 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.

Sale or Transfer of Business

Abantu Cloud Africa (Pty) Ltd reserves the right to assign, transfer, or sell all or part of its business, including customer accounts, data, and contractual rights and obligations, to a third party as part of a merger, acquisition, sale of assets, or other business transaction. In such an event, your personal information and service data may be transferred to the acquiring entity, who will be required to comply with the terms of this Agreement and applicable data protection laws, including the Protection of Personal Information Act, 2013 (POPIA). We will notify you of any such transfer as required by law.

Changes to the Agreement

Abantu Cloud Africa reserves the right to modify this Agreement at any time. Customers will be notified of any changes.

Contact Information

If you have any questions about this Terms of Use, please contact us at: support@abantu.cloud