Specific Terms

SPECIFIC TERMS AND CONDITIONS
OUR HOSTING TERMS (SPECIFIC TERMS)

Free Minded Media (Pty) Limited (Registration No. 2007/006828/07) ("FMMedia") is a 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:
WordMeaning
Domain Namesis an easy to remember name that points directly to your website. FMMedia hosts domain names as part of its Domain Service to customers;
Domain Servicesthe 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

  • an email box on our systems, which includes an email address or aliases to the email address; and
  • best endeavours virus protection and filtering for unsolicited commercial email (SPAM);
Harmful Codeany computer code that:
  • is designed to disrupt, disable, harm, or otherwise hinder the operation of any software, hardware or network (generally referred to as "viruses", "Trojan horses" or "worms");
  • would disable any software, hardware or network or impair in any way its operation. It does so by running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as "time bombs", "time locks", or "drop dead" code);
  • would permit any person to access any software, hardware or network of any other person without consent (generally referred to as "trap", "access code", "back door" or "trap door" codes); or
  • any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause the software, hardware or networks of any person to stop functioning or to damage or corrupt data, storage media, programmes, equipment or communications, or otherwise interfere with operations;
Illegal Contentcontent in violation of any law;
Locationthe FMMedia and outsourced Data Centres situated in Cape Town and Johannesburg as well as in Germany or any other address we indicate to you;
Misrepresentation

by a Customer includes:

  • actions to deceive, mislead, defraud, or otherwise make incorrect representations to any person regarding any fact or circumstance,
  • impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose,
  • altering the content of communications you received and then forwarding it to others without indicating the nature of the alterations, or
  • forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including the use of "Socks Proxies", "EZBounce", "Vhosts", "BNC's" or any other software or hardware methods used to disguise or misrepresent your own IP address;
Registrarmeans the entities referred to in clause 5, any replacement, or any other entity who attends to the administration of Domain Names;
Serverthe computer hardware, machinery, and equipment on which the software operates;
Server Hostingthe Services that we provide to you;
Softwarethe operating system and applications we provide to you;
System Abuse

any conduct that does or may:

  • damage, impair, overburden, or disable,
  • interfere with any other person's use of, or
  • compromise or tamper with the security of, including spamming and mass messaging, the use of software and technologies known as "floodbots", "clonebots", "automated client" ( for example "bots", "fserv" or "script"), nuking and nuking tools (for example"7th Sphere")
  • Interfere with our or any other person's software, hardware, systems, networks, or the Server.
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:
  • available;
  • accurate;
  • complete;
  • correct;
  • error free;
  • secure;
  • up to date; and
  • reliable
the Services are rendered "as is" and "as available" and are used at your own discretion and risk.
3.Hosting terms
General
3.1.FMMedia 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 Prohibited Practices, 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.
Content
3.6.We have no knowledge of, nor interest in Customer content hosted on your behalf by FMMedia 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.
3.11.We are not responsible for any licensing of any software you use.
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 FMMedia's property. We will setup and manage the Server at the Location on your behalf.
3.13.All Server log files remain FMMedia'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 FMMedia believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.
3.18.FMMedia 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; or
  • 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.
These exclusions will not apply where the problems arise from FMMedia's Server links to the Internet or our routers.
3.25.If you wish to exercise your right to a credit refund, you must request it by sending an email to us at accounts@fmmedia.co.za. 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 or name 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. 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. FMMedia 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 FMMedia'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 FMMedia.
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;
  • memory;
  • motherboards;
  • power supplies and
  • ("TruServ™ Problems")
at no cost to you. If we need to install a new operating system, we must do so with the latest version of the operating system, unless you request otherwise
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 FMMedia 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 FMMedia 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.
3.39.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).
3.40.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;
  • 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.
3.41.If you wish to exercise your right, you must request it by sending an email to us at accounts@fmmedia.co.za. The request must be received by FMMedia within 48 hours of the incident being reported and must include your customer number, your name as listed on the FMMedia invoice, the date and approximate time of the problem and the TruServ™ Server identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request, according to our Refund Policy. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.
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 FMMedia'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.
(Business hours are Monday to Friday between 08:00 and 17:00, excluding public holidays.)
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.
3.59.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 service or Server).
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;
  • 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.
3.62.We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it. These exclusions will not apply where the problems arise from our Server links to the Internet or our routers.
3.63.If you wish to exercise your right, you must request it by sending an email to us at accounts@fmmedia.co.za. 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. 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.
Co-location Hosting
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 or as per quotation.
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
beyond that which is available without additional charge specifically specified in our standard rates available on our website that will be additional fees you must pay.
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.
4.2.We will endeavour to make your email environment secure and reliable.
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.Domain Names terms
Registration
5.1.All Domain Names that we register on your behalf within the .ZA domain name space, or registered by you directly or through third parties are subject to the terms of the relevant domain name Registrar, which may be amended from time to time. We use the Services of various Registrars to register generic Top Level Domains (gTLDs such as .COM and .ORG) as well as names in non-South African country code Top Level Domains (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant Registrar or registry. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant Registrar operator who allocates and governs the Domain Name. We cannot guarantee the registration of any Domain Name selected by you. The Registrars we use may change or be replaced.
5.2.We will use our best efforts to register a Domain Name or, where applicable, transfer an existing Domain Name as soon as reasonably possible after the commencement of the Domain Services. We will insert our details as the billing and technical contact of the relevant Domain Names, unless you register the domain yourself or manage the domain record with the Registrar directly.
5.3.No Domain Name will become our property and we will not insert our details as the registrant of any Domain Name unless agreed upon and signing any application form stating so.
5.4.You must pay us (in addition to any service fees) all reasonable expenses or charges relating to the registration, transfer, or renewal of a Domain Name. As part of the Domain Services, we will host the Domain Name.
5.5.You warrant that:
  • you are the lawful registrant of the Domain Names or
  • you have the consent of the registrant to use the Domain Names or
  • you are not prohibited by law or otherwise from registering the Domain Names; 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.
5.6.We have no interest in the Domain Name and nothing that we do in the performance of our obligations under the Domain Services must be taken as an assumption of responsibility or liability by us for attending to the Domain Services.
5.7.We do not guarantee that the Domain Names requested by you are available for registration or that the use of the Domain Names will not infringe any third party rights. Domains are available on a first come, first served basis and are available either through us or directly with a Registrar. We will not be held responsible if you register a domain through us, and give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the domain being taken by someone else.
5.8.We are not a Domain Name provider, but merely a third party agent acting on your instructions, to the extent that those instructions are possible and lawful.
5.9.The registration of the Domain Names and their future availability and use are subject to the terms of use of the relevant Domain Name Registrar.
5.10.We charge an additional fee for applying for, and where applicable, maintaining the registration of a Domain Names on your behalf.
5.11.You will be responsible for any service fees incurred when applying for, renewal of, or maintenance of Domain Names and they are not refundable.
5.12.Any Internet Protocol (IP) address we allocate to you, will remain our sole property. We give you a non-exclusive, non-transferable licence to use the Internet Protocol address for the duration of Our Hosting Terms.
5.13.You indemnify us and hold us harmless against any liability or claim made by any person for any loss or damages suffered or arising directly or indirectly from the use, display, or publication of the Domain Names.
Changes to the Domain Name
5.14.We may not cancel, transfer, or change the Domain Name, including transferring registration of the Domain Name from the registered holder to another person or entity, without possessing:
  • your, or your authorised agent's, written instructions to take action;
  • written instructions from the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary, to do so;
  • 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.
Domain name renewal
5.15.We will give you a renewal reminder by email within 30 days prior to the renewal date of a .co.za domain name and within 60 days prior to the renewal date of all other domain names.
  • If you do not want to renew the domain name, you must give notice by responding to the renewal reminder email.
  • This will either instruct us to/not to renew the domain name.
  • This notice must be given at least fifteen Business Days prior to the renewal date in the case of .co.za domain names and thirty three Business Days prior to the renewal date in the case of all other domain names.
  • If you do not give the required notice we will automatically renew the Domain Name and a renewal fee will be added to your invoice.
Default in respect of the Domain Service
5.16.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.
Termination of the Domain Service
5.17.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 Names even if no replacement is available.
5.18.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
5.19.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.
5.20.Disputes between you and any third party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.
5.21.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 as per clause 12 in the General Terms. You will be responsible for all legal costs we incur on the attorney and own client scale (you will be liable to pay our attorneys fees).
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 FMMedia if you fail to provide adequate first line support to your clients.
7.2.As a Reseller, you recognise that FMMedia is ultimately responsible for the provision of the Service. Under certain circumstances FMMedia 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 FMMedia on due date or
  • you die. In such event you irrevocably appoint FMMedia as your attorney and agent to do all such things and sign all documents relating to the Service as may be necessary.
7.3.When you apply for any Service on behalf of your client, you must ensure that your client agrees to Our Hosting Terms, which includes FMMedia's Acceptable Use Policy and Privacy Policy.
7.4.You agree not to publish or distribute any advertising material or make any public or press statements regarding FMMedia or our Services without prior written consent from FMMedia.
7.5.You may not use the name "FMMedia" or any abbreviation in any manner without the prior written consent from FMMedia.
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 FMMedia's security.
7.8.You authorise FMMedia to act on any instruction given by or purporting to originate from yourself or your client, even if it transpires that FMMedia, yourself and your client have been defrauded by someone else, unless you or your client has notified FMMedia prior to FMMedia 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 FMMedia 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 FMMedia and agree to hold FMMedia free from and harmless against all losses suffered or incurred by FMMedia 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.
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  •   Shop Upper Level 19
       Lonehill Shopping Centre
       Lonehill Boulevard
       Lonehill Gauteng, South Africa
  •   +2711 7818670
  •   0681 11 0022
  •   +2711 7818672
  • info@freemind.media

About FreeMind.Media

Everything is connected... This concept of oneness is why we do what we do. We use practical solutions and technology to fix the gaps that we, as humans, should not have to do in order to be free to do the things we want to do.

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