Terms and Conditions
Effective Date: 12 December 2023
Company: Earl Hosting (Pty) Ltd
Registration No.: 2022/466470/07
These Terms and Conditions ("Terms") govern the use of services provided by Earl Hosting ("we", "us", "our") to you ("Client", "you", "your"). By visiting our website or using any of our services, you agree to be bound by these Terms.
1. Services Provided
We offer the following services:
- Web Hosting
- Domain Registration & Management
- Website Design & Development
Each service may be governed by additional service-level agreements or product-specific terms where applicable.
2. Right to Refuse Service
We reserve the right to refuse, suspend, or terminate any service at our discretion in cases including, but not limited to:
- Abuse or harassment
- Non-payment
- Illegal or unethical content
- Breach of these Terms
3. Website Templates & Reuse
Unless otherwise agreed upon, all templates, layouts, and code may be reused or resold to other clients. Exclusive rights require a separate agreement and additional payment.
4. Payment & Billing
- All prices are in South African Rand (ZAR).
- Hosting and domain services are billed monthly or annually in advance.
- Web development is billed per project phase or milestone.
- Late payments may result in service suspension after 5 days and termination after 7 days.
5. Refund Policy
- 7-day money-back guarantee on web hosting (excluding payment gateway fees such as PayFast).
- Domain registrations and renewals are non-refundable.
- Web development deposits are non-refundable once work begins.
6. Free Domains
Free domains are granted with certain hosting plans and include a 3-month grace period. If hosting is canceled, the domain reverts to its full retail value.
7. Domain Registration & Disputes
- Domain availability is not guaranteed until confirmed by the registry.
- You are responsible for keeping WHOIS data accurate.
- Domain disputes will be handled according to the ZA Central Registry (ZACR) or relevant registrar’s dispute resolution policies.
8. Hosting Terms
- All accounts include fixed limits on disk space, bandwidth, and email accounts.
- Prohibited content: spam, phishing, illegal material, malware, or adult content.
- Excessive use may result in throttling or suspension.
9. Data Protection and Backups
While we perform regular backups, clients are responsible for maintaining their own copies.
- We are not responsible for data loss resulting from:
- Non-payment and account suspension
- Client error or deletion
- Malware, hacking, or server issues outside our control
10. Uptime and Maintenance
We aim for 99.9% uptime but are not liable for downtime caused by:
- Scheduled maintenance
- Power outages or connectivity loss at datacenters
- External disruptions or force majeure
11. Web Development Terms
- Clients must provide timely content, images, and feedback.
- Limited revisions (typically 3 rounds).
- Code and content ownership depends on the contract.
12. Cancellations
Cancellations must be made at least 7 days before renewal. No mid-cycle refunds apply.
13. Client Responsibilities
- Provide accurate and up-to-date contact and billing info.
- Ensure all uploaded content is legal and appropriately licensed.
- Maintain security of login credentials.
14. Limitation of Liability
Earl Hosting is not liable for:
- Indirect or consequential damages
- Data loss, downtime, or missed business opportunities
Maximum liability is limited to the total amount paid for the affected service in the past month.
15. Governing Law
These Terms are governed by the laws of the Republic of South Africa. Any legal action must be brought before a court of competent jurisdiction in South Africa.
16. Acceptance of Terms
By continuing to use our website and services, you agree to these Terms and Conditions. If you do not agree, you must discontinue using our services immediately.
Contact Information
Earl Hosting (Pty) Ltd
Email: support@earlhosting.co.za
Website: www.earlhosting.co.za
