This document contained the general terms and conditions, which governs the subscription to and usage of DomainKing’s services. These General Terms and Conditions must be read together with the Services Terms and Conditions and the Policies of DomainKing. By subscribing to and using any of the services offered by DomainKing, the Customer and its users irrevocably agree to be bound by the provisions of this General Terms and Conditions, the relevant Services Terms and Conditions and the Policies of DomainKing. In the event of a discrepancy between this Agreement and the Service Terms and Conditions, the Service Terms and Conditions will take precedence.
General terms and conditions
1. Definitions and Interpretation
- In this Agreement, the words hereunder will have the meanings assigned to them below:-
- “Agreement“; means these General Terms and Conditions, applicable Services Terms and
Conditions, all the Policies of DomainKing and all other application or order forms, as amended and updated
from time to time; - “Confidential Information” means any information or data relating to DomainKing and any Group Company (even if not marked as being confidential, restricted, secret, proprietary or any similar designation), in whatever format and whether recorded or not (and if recorded, whether recorded in writing, on any electronic medium or otherwise), which:
- by its nature or content is identifiable as confidential and/or proprietary to the Company; or
- is intended or by its nature or content could reasonably be expected to be confidential and/or
proprietary to the Company, and includes:- information relating to existing and future strategic objectives and existing and future business
plans and corporate opportunities; - trade secrets;
- technical information, techniques, know-how, operating methods and procedures;
- details of costs, sources of materials and customer lists (whether actual or potential) and other
information relating to the existing and prospective customers and suppliers; - pricing, price lists and purchasing policies;
- computer data, programmes and source codes; information contained in or constituting the hardware or
software, including third party products and associated material; - information relating to the network telecommunications services and facilities;
- any and all methodologies, formulae and related information in developed software and processes and
other business; - products, drawings, designs, plans, functional and technical requirements and specifications;
- Intellectual Property that is proprietary or that is proprietary to a third party and in respect of
which the Company or any company in the Group has rights of use or possession; - marketing information of whatsoever nature or kind;
- financial information of whatsoever nature or kind;
- information relating to any contracts to which the Company or any Group company is a party; and any
information which is not readily available to a competitor of the Company and/or any of its Related
Companies in the normal and ordinary course of business.
- information relating to existing and future strategic objectives and existing and future business
- “CPA“means the Consumer Protection Act No. 68 of 2008;
- “Customer” “you” or “your” means the Customer making use
of the Services offered and provided by DomainKing and includes all the users of the Customer that have the
benefit of or avail of the Services in terms of this Agreement; - “DomainKing” means Host Africa (Pty) Ltd, trading as DomainKing, with its registration
number: 200801997507, a private company duly incorporated under the laws of South Africa, with its business
address at 37 Derde Street, Delmas, South Africa, 2210; - “DomainKing System” means equipment operated together as a system by
DomainKing to provide its Service(s) and services ancillary to such Service(s),; - “DomainKing Website” means the Internet website published at the URL www.domainking.ng or another URL that DomainKing notifies the Customer
of from time to time; - “Fees” means the fees applicable and charged by DomainKing for each of the Services, as
disclosed on DomainKing’s Website and in writing, before the Customer subscribes or applies for such
Service(s); - “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence
and foresight which would reasonably be expected from a skilled and experienced service provider providing
similar services to those provided under this Agreement. Such a service provider would seek in good faith to
comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant
codes of practice, relevant standards, and all conditions of planning and other consents; - “Malicious Code” means anything that contains any computer software routine or code
intended to allow unauthorised access or use of a computer system by any party, disable, damage, erase,
disrupt or impair the normal operation of a computer system, and includes any back door, time bomb, Trojan
horse, worm, drop dead device or computer virus. - “NCA” means the National Credit Act, 34 of 2005;
- “Parties” means the Parties to these Standard Terms and Conditions and “Party” means any
one of them as the context may indicate; - “Personal Information” means any information relating to an identifiable, living, natural
person, and where applicable, an identifiable, existing juristic person including –- information relating to the race, gender, sex, pregnancy, martial status, national, ethnic or social
origin, colour, sexual orientation, age, physical or mental health, well-being, disability, religion,
conscience, belief, culture language and birth of the person; - information relating to the education or the medical, financial, criminal or employment history of the
person; - any identifying number, symbol, e-email address, physical address, telephone number, location
information, online identifier or other particular assignment to the person; - the biometric information of the person;
- the personal opinions, views or preferences of the person;
- correspondence sent by the person that is implicitly or explicitly of a private or confidential nature
or further correspondence that would reveal the contents of the original correspondence; - the views or opinions of another individual about the person; and
- the name of the person if it appears with other personal information relating to the person or if the
disclosure of the name itself would reveal information about the person.
- information relating to the race, gender, sex, pregnancy, martial status, national, ethnic or social
- “Processing” means any operation or activity or set of operations, whether or not by
electronic means, concerning personal information including –- the collection, receipt, recording, organisation, collection, storage, updating or modification,
retrieval, alteration, consultation or use; - dissemination by means of transmission, distribution or making available in any other form; or
- merging, linking, restriction, degradation, erasure or destruction of information.
- the collection, receipt, recording, organisation, collection, storage, updating or modification,
- “POPIA” means the Protection of Personal Information Act, no 4 of 2013.
- “Intellectual Property” means any know-how (not in the public domain), invention (whether
or not patented), design, trade mark (whether or not registered), or Copyright Material (whether or not
registered), goodwill, processes, process methodology and all other identical or similar intellectual property
as may exist anywhere in the world and any applications for registration of such intellectual property. For
the purposes of this definition, “Copyright Material” means any Material in which copyright
subsists; - “RICA” means the Regulation of Interception of Communications and Provision of
Communication-Related Information Act, 70 of 2002; - “Service(s)” means all the service(s) provided by DomainKing as specified on
DomainKing’s Website; - “Signature Date” means the date of signature of this Agreement by the Party signing it last
in time; - “Software” means any computer program or software installed or provided by DomainKing for
the purposes of using the Services and any modifications, enhancements or upgrades thereto; - “South African Law” means all and any laws and regulations of the Republic of South Africa,
including but not limited to applicable codes of conduct, as may be promulgated or amended from time to time; - “Supplier” means a supplier of goods and / or services to DomainKing; and
- “VAT” means Value-Added Tax as defined in the Value-Added Tax Act 89 of 1991.
- “Agreement“; means these General Terms and Conditions, applicable Services Terms and
- The clause headings contained in this Agreement are for reference purposes only and shall not be used in the
interpretation of this Agreement. Words importing any one gender includes the other gender, the singular includes
the plural and vice versa, and natural persons includes juristic entities and vice versa. - A reference to any statutory enactment shall be construed as a reference to that enactment as at the signature
date and as amended or substituted from time to time.
2. Application and Initiation of Services
- By subscribing to or applying for the Services, the Customer hereby appoints DomainKing to provide the
Service(s) to the Customer for the duration of this Agreement, which appointment DomainKing accepts, subject to
the terms and conditions contained in this Agreement. - Each application for or subscription to a Service will constitute a separate contract between the Parties and
DomainKing reserves the right to refuse to commence provision of a Service based on the Customer’s prior
conduct. - If required by DomainKing , your application for a Service may be subject to a credit referencing or risk
assessment process. You agree that DomainKing may request and receive your confidential, credit and prescribed
information (as defined in the NCA) (“Assessment Information“) from registered credit bureau in
order to perform a financial means test to determine whether you will be in a position to meet your obligations
under the intended agreement. DomainKing is entitled to perform a financial means test each time you apply for a
Service. No agreement shall come into effect in the event of a negative credit reference or risk assessment,
unless at the discretion of DomainKing to waive this clause. DomainKing may choose to waive this clause on a case
by case basis and any such waiver shall not constitute a permanent or overall waiver of this clause for all
Services. In this regard you consent to DomainKing requesting, receiving and reporting your Assessment Information
from and to registered credit bureau in accordance with the provisions and for the purposes of the NCA; and the
sharing of such information by registered credit bureau and such other persons as contemplated in the NCA, for the
prescribed purposes of the NCA. - Depending upon the Service provided, DomainKing may be obliged under RICA to obtain certain information and
documents from the Customer, and DomainKing may withhold or suspend providing Services until the Customer has
provided the necessary information and/or documents to DomainKing . - If the Customer is a juristic person, DomainKing may require one or more of its officers to stand surety for the
Customer’s obligations under this Agreement. Even if the Agreement has commenced, DomainKing may withhold
providing the Services until the surety has been signed. - If the Customer has not complied with a requirement of this clause, DomainKing may delay providing the Goods or
Services until the Customer has complied. If the Customer does not comply within a reasonable period, DomainKing
may terminate this Agreement and will not be liable for any damage that the Customer may suffer as a result. - DomainKing cannot guarantee the provision of the requested Service upon the receipt of an application. Provision
of the Service is subject to DomainKing confirming that it is technically feasible to do so. Applicants will be
formally notified after receipt of an application whether or not the Service can be provided.
3. Commencement and Termination
- This Agreement shall be effective from the date on which you register for any Services with DomainKing.
- Subject to the Service terms, this Agreement shall continue in effect on a month to month basis and
either Party shall have the right to terminate this Agreement upon providing the other Party with at least one
calendar month notice. - The Customer acknowledges that DomainKing may:
- terminate this Agreement by written notice, including email, and without liability in the event of the
termination of its agreement with a Supplier relevant to the provision of any Service; or - suspend or terminate the Services of a Customer in its absolute discretion and without notice:
- if the Customer commits a serious or repeated breach of the Agreement (and in particular any provision
of the Acceptable Use Policy) or the Customer engages in any conduct which in DomainKing’s opinion
would have a negative impact on DomainKing, other customers of DomainKing or DomainKing’s staff or
is detrimental to the welfare, good order or character of DomainKing; - any part of the Customer’s Fees are not paid in full when due;
- the information the Customer supplied to DomainKing is found to be incorrect or false; or
- DomainKing reasonably thinks that the Customer’s use of the Services may result in the commission
of a crime or is otherwise unlawful.
- if the Customer commits a serious or repeated breach of the Agreement (and in particular any provision
- Upon such suspension or termination, the Customer:
- may not resile from this Agreement or withhold or defer payment or be entitled to a reduction in any
charge or have any other right or remedy against DomainKing, its servants, its agents or any other persons
for whom it may be liable in law; - will not be eligible for re-imbursement of any the Fees paid in advance for the Services, if applicable;
- may be barred from subscribing to any services with DomainKing in the future;
- may be listed with applicable authorities and credit bureaus.
- may not resile from this Agreement or withhold or defer payment or be entitled to a reduction in any
- DomainKing may in its sole discretion determine the period of suspension it may deem necessary in
consideration of the particular circumstances that gave rise to the suspension.
- terminate this Agreement by written notice, including email, and without liability in the event of the
4. Services and Changes to Services
- DomainKing offer various Services and may provide recommendations to customers, based on the information
provided by such customers. DomainKing provides Services on the basis of information provided by the Customer, and
DomainKing offers no warranty as to the suitability of the Services beyond the requirements as expressed by the
Customer. The Customer is solely responsible for ensuring that their choice of Services provided by DomainKing to
their requirements or desired outcome. DomainKing will not be liable for compensation, costs or damages resulting
from incorrect selection of Services, or resultant delays in rectifying such errors. - While every effort is made by DomainKing and its Suppliers to ensure that all Services retain a constant uptime
(99.9% on a yearly basis and 99% on a monthly basis) and high level of service quality given the
nature of the Services, technology, infrastructure and number of Suppliers involved in the provision of such
Services this is not always achievable. As such all Services unless otherwise agreed to in writing are based on
the best effort premise where no guarantees on throughput, latency or uptime can be provided. If in the
instance that DomainKing cannot meet such standard of service quality its liability shall be limited to three
months of your base hosting fee, or, two thousand five hundred rand (R 2 500.00), whichever is the
lesser. - To the extent that the provisions of the CPA are applicable to this Agreement, in the event that the Customer
alleges that there is a defect in the quality of the Services, the only remedy that the Customer will have against
DomainKing, is to require DomainKing to remedy the defect in the quality of the Services performed. - DomainKing reserves the right to stop offering particular Services if it deems it necessary. DomainKing will
then either provide the service for the remainder of the time that has been paid for or refund the amount paid for
that specific package.
5. Security
- DomainKing will implement measures in line with Good Industry Practice to ensure the security of the DomainKing
System and the physical security of DomainKing’s premises, but gives no warranty that breaches of security
will not take place. - If the Customer discovers a security violation, or thinks that a security violation is imminent, it must
immediately notify DomainKing in an appropriate way that does not further compromise security concerns. - The Customer must not do anything that may prejudice the security of the DomainKing System, and must take all
reasonable measures necessary to ensure that:- no unlawful access is gained to DomainKing’s premises, the DomainKing System, or the Customer’s
own system; - no Malicious Code is introduced into the DomainKing System; and
- the Customer Data is safeguarded.
- no unlawful access is gained to DomainKing’s premises, the DomainKing System, or the Customer’s
- If a security violation occurs, or DomainKing is of the view that a security violation is imminent, DomainKing
may take whatever steps it considers necessary to maintain the proper functioning of the DomainKing System
including without limitation:- changing the Customer’s access codes and passwords (or those of any user of the DomainKing System),
and - preventing access to the DomainKing System.
- changing the Customer’s access codes and passwords (or those of any user of the DomainKing System),
- DomainKing takes reasonable measures to provide disaster recovery; but does not warrant that recovery will be
successful or that it will be completed within any time limit. - The Customer must give its full cooperation to DomainKing in any investigation that may be carried out by
DomainKing regarding a security violation. - If the Customer is providing any Service to third parties that makes use of the DomainKing System, the Customer
must contractually bind those third parties to equivalent terms regarding security as are set out in this clause
5.
6. Customer Dutie
- Customer is prohibited from selling, reselling or otherwise dealing with the Services(s) which are proprietary
to DomainKing in any manner whatsoever without its consent. Without limitation to the aforegoing,
any consideration which the Customer may receive whilst acting in breach of this prohibition shall be forfeited to
DomainKing unless the Customer is duly authorized to resell such Service(s). - The Customer is prohibited from allowing any person, other than its employees or other authorised parties, to
have access to the Service(s). - The Customer shall only use the Service in compliance with South African Laws, the terms and conditions of this
Agreement and DomainKing’s Policies, as published on DomainKing’s Website. The Customer acknowledges
that DomainKing has no obligation to assist the Customer in obtaining knowledge and/or clarity in terms of the
applicable South African Law. - Where any Service is provided to the Customer with a predefined maximum allowable amount of resources, which
includes, but is not limited to: bandwidth, traffic usage, data, memory, data storage, CPU or data cap
(“Resource Allocation“) during a predefined period or term as applicable to the particular
Service, such Resource Allocation may not be exceeded. In the event of such Data Allocation being exceeded by you,
DomainKing shall charge you for such overage as applicable to the particular Service and at the prevailing overage
rate for that Service. Alternatively, DomainKing may elect to deduct the amount exceeding the original Resource
Allocation from the following Resource Allocation as applicable to the specific Service.
7. Fees, Charges and Payment
-
Subscription options
: With reference to the applicable Service, DomainKing offers
the following subscriptions options:- Monthly: Fees will be due monthly in advance and should be paid by the 1st Business Day of
the applicable month. Subject to the provision of the Agreement, the Customer must give one calendar
month’s written notice to DomainKing in order to cancel this subscription. - Quarterly: Fees are due and payable on or before the 1st Business Day of the commencement of the
period or any subsequent renewal period. Subject to the provision of the Agreement, the subscription shall be
renewed automatically for further quarterly renewal period(s), unless the cancelled by Customer with at least
one calendar month’s written notice to DomainKing, before the expiry of the applicable bi-annual period. - Bi-annually: Fees are due and payable on or before the 1st Business Day of the commencement of the
period or any subsequent renewal period. Subject to the provision of the Agreement, the subscription shall be
renewed automatically for further bi-annual renewal period(s), unless the cancelled by Customer with at least
one calendar month’s written notice to DomainKing, before the expiry of the applicable bi-annual period. - Annual: Fees are due and payable on or before the 1st Business Day of the commencement of the period
or any subsequent renewal period. Subject to the provision of the Agreement, the subscription shall be renewed
automatically for further annual renewal period(s), unless cancelled by Customer with at least one calendar
month’s written notice to DomainKing, before the expiry of the applicable annual period.
- Monthly: Fees will be due monthly in advance and should be paid by the 1st Business Day of
- Usage Fees, if applicable, shall be billed in arrears.
-
Billing process:
- Billing will commence on the date that Service provision commences. Partial months will be charged pro rata;
- Services are billed in advance and all invoices must be paid by the Customer in advance;
- Any Services invoiced in arrears are payable on presentation of invoice;
- All Fees and other amounts payable are quoted inclusive of VAT unless indicated otherwise;
- All Fees shall be paid by debit order or credit card payments. DomainKing shall only accept payment for
bi-annual, tri-annual or annual payments by way of electronic funds transfer in exceptional
circumstances and on only by prior arrangement at DomainKing’s discretion; and - All payments shall be without deduction and free of exchange or set-off.
-
Consequences of late or non-payment:
- If any Fees remains unpaid by the Customer beyond the due date of payment:
- the interest rate will be charged at 2% (two percent) above the prime overdraft rate (percent, per
annum), up to a maximum of 2% per month in accordance with the maximum interest rate allowed in terms of
the NCA for incidental credit agreements; - the prime overdraft rate will be determined by DomainKing’s bankers at the time, which will be
evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary
to prove; - interest will be calculated from the due date of payment to the date of actual payment, both days
inclusive, and will be compounded monthly in arrears; - In the event of a debit order being returned by your bank, DomainKing shall charge a debit order return
fee of the greater of 5% of the attempted debit order amount or R50.00; and - if the non-payment pass fourteen days from the due date, a letter of demand may be sent to you. If
payment is not received after twenty business days from the date of notice, your default will be listed on
a registered credit bureau database, which will affect your credit rating. - The customers hosted data is at risk of being irrecoverably removed from our infrastructure and there is
no guarantee that this data can be recovered at a later date.
- the interest rate will be charged at 2% (two percent) above the prime overdraft rate (percent, per
- DomainKing retains the right to suspend any and all its Services for non-payment (which may not be limited
to the particular Service in question), and to withhold such Services until all arrears are settled in full on
any and all products and Services. While Services are in a suspended state you will have no access to the
Services, but will continue to be liable for the full cost associated with the Service(s) and no refunds or
pro-rata of any kind will be provided to you for the period in which the Service was suspended. - If the Customer’s Service(s) are suspended or terminated for non-payment (or any other breach of this
Agreement), DomainKing may charge a reconnection fee for subsequent reactivation of Services. Reconnection
Fees are payable in full before any services can be reactivated. DomainKing may charge multiple reconnections
Fees where multiple Service(s) are affected, and may charge “escalating” penalties for repeated non-payment
offences. Any prior leniency shown in this regard will not prejudice DomainKing’s right to enforce such
penalties in full at any time (within their discretion). Reconnection of Services may be subject to a waiting
period of up to 72 hours, at DomainKing’s discretion, regardless of when payment is received or cleared.
- If any Fees remains unpaid by the Customer beyond the due date of payment:
-
Billing disputes:
- In the case of billing disputes, the onus is upon the Customer to raise such disputes in good time to
prevent interruption of services while the billing is in dispute. All invoices shall be sent to Customers by
way of e-mail and the Customer is responsible to keep DomainKing informed of all changes to such e-mail
addresses. - All billing complaints must be directed to DomainKing in writing must be accompanied by a copy of the bill
concerned or the particulars thereof, e.g. username or invoice number, the reason for the dispute; the amount
in dispute; and supporting information or documentation, if any. - DomainKing will reach a determination regarding the billing complaint and communicate its decision to you
within fourteen (14) working days of receipt of the complaint. - Reparations will be made to Customers with successful disputes by means of an account credit or refund, at
DomainKing’s discretion.
- In the case of billing disputes, the onus is upon the Customer to raise such disputes in good time to
-
Amendment of Fees:
- DomainKing reserves its rights to change its prices at any time on reasonable notice, which will not be less
than thirty days.
- DomainKing reserves its rights to change its prices at any time on reasonable notice, which will not be less
8. Intellectual Property Rights and Infringements
- All Intellectual Property rights in and to DomainKing’s Software, Systems, procedures and policies
(including, without limitation, copyright, trademarks, designs and patents) relating to or used in connection with
the Service(s) provided under this Agreement shall belong to DomainKing. In addition, all intellectual property
rights in and to Suppliers’ software, systems, procedures and policies (including, without limitation,
copyright, trademarks, designs and patents) relating to or used in connection with the Service(s) provided under
this Agreement and licensed to DomainKing shall be made available to Customers in the sole discretion of
DomainKing and subject to DomainKing’s agreement with such Suppliers. The Customer undertakes that it shall
at no time, have any right, title or interest in the Intellectual Property of DomainKing or the applicable
Suppliers and agrees that it shall not (or permit any third party to) reverse engineer, decompile, modify or
tamper with the software systems, procedures and policies owned by DomainKing, or any of its Suppliers. - The Customer agrees to only make use of properly licensed third party software in connection with its use of the
Services and agrees to indemnify and hold DomainKing and any of its members, representatives, officers or
employees harmless against all losses, damages, liability, costs and expenses, including reasonable attorney fees,
suffered or incurred by them as a result of any third party claims relating to its involvement in any copyright
infringement or alleged copyright infringement. - The Customer warrants that it shall not use the Service(s) to produce, host or present any content in
contravention of any person’s Intellectual Property rights, and in particular warrants that it shall
recognise, acknowledge and use any content in accordance with any third party’s Intellectual Property
rights. The Customer furthermore warrants that it has received all necessary permissions to make use of any
Intellectual Property relating to third parties. - Any specifications, descriptive matter, drawings and other documents which may be furnished by DomainKing to
the Customer from time to time:- do not form part of this Agreement and may not be relied upon, unless they are agreed in writing by both
parties hereto to form part of this Agreement; and - shall remain the property of DomainKing and shall be deemed to have been imparted by it in trust to the
Customer for the sole use of the Customer. All copyright in such documents vests in DomainKing and s such
documents shall be returned on demand.
- do not form part of this Agreement and may not be relied upon, unless they are agreed in writing by both
9. Protection of Personal Information
- A Party (“Operator“) shall at all times treat and hold all Personal Information it receives and
processes from the other Party (“the Responsible Party“) as confidential and must not disclose it
unless required by law or in the course of the proper performance of their duties and may only process such
information with the knowledge or authorisation of the Responsible Party. - The Operator undertakes that it will endeavour to:
- in order to protect the proprietary interests of the Responsible Party in and to its Confidential
Information and Personal Information the Operator will not at any time, whether during the currency of this
Agreement or at any time thereafter, either use any Confidential Information or Personal Information of the
Responsible Party or directly or indirectly divulge or disclose any Confidential Information or Personal
Information of the Responsible Party to third parties; and - upon termination, cancellation or expiry of this Agreement the Operator will deliver to the Responsible
Party, or at the Responsible Party’s option, destroy all originals and copies of Confidential
Information in its possession.
- in order to protect the proprietary interests of the Responsible Party in and to its Confidential
- The aforegoing obligations will not apply to any information which –
- is lawfully in the public domain at the time of disclosure to the Operator;
- subsequently becomes lawfully part of the public domain by publication or otherwise;
- subsequently becomes available to the Operator from a source other than the Responsible Party which is
lawfully entitled without any restriction on disclosure to disclose such Confidential Information or Personal
Information to the Operator; or - is disclosed pursuant to requirement or request by operation of law, regulation of court order;
- is required to be processed or retained in terms of any legal obligation or law.
- The Customer consents and agrees as part of the conclusion and performance of contract to DomainKing Processing
Personal Information transmitted to DomainKing’s System in a way which is consistent with the Service being
provided. Where the Customer’s use of the Service(s) leads to the transmission of Processing of Personal
Information, which includes personal information to or from the Republic of South Africa, the Customer
acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either
in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The
Customer warrants that it has obtained the consent of any third party for the use and Processing of that
party’s Personal Information in this way, or otherwise that such Processing is lawful, and indemnifies
DomainKing from any claim brought by such third party as a result of its failure to do so. - DomainKing will use reasonable endeavours to ensure the safekeeping of any Personal Information or content which
may be uploaded to the DomainKing servers from time to time, such as and without being limited to, photographs,
websites, videos and e-mail messages (hereinafter collectively referred to as “your data”). However, DomainKing
does not provide any guarantees against data loss, and as such you agree to retain your own backups of your
Personal Information and indemnify and hold harmless DomainKing from any claims as a result of your Personal
Information being lost for whatsoever reason. - DomainKingshall immediately delete all of your Personal Information from the DomainKing servers upon termination
of the Service or termination of this Agreement. It is thus your responsibility to ensure that you have made local
copies of all of your Personal Information prior to the termination of the Service. DomainKing shall not retain
backups of any kind once the Service is terminated.
10. Representations and Warranties
- DomainKing warrants and represents that:
- it has the capacity and authority to enter into and perform in terms of this Agreement and to provide the
Services to the Customer; - it is the owner of or has the right to use any intellectual property employed by it during or as part of the
Service(s); - the Services shall be performed in compliance with South African Law, including the provisions of POPIA and
the conditions for lawful processing of Personal Information; - the Services shall be provided in accordance with the provisions of this Agreement;
- the Services will be performed in a professional manner and that it is and/or it shall use personnel that is
suitably qualified and has sufficient knowledge, expertise and competence to perform the Service(s), in
accordance with the standard of its industry. - Save as expressly set out in clauses 1, DomainKing does not make any representations nor gives any
warranties or guarantees of any nature whatsoever in respect of the Service(s) and all warranties which are
implied or residual at common law are hereby expressly excluded. - DomainKing does not warrant or guarantee that the information transmitted by or available to Customer by
way of the Service(s):- will be preserved or sustained in its entirety;
- will be delivered to any or all of the intended recipients; or
- will be suitable for any purpose;
- will be free of inaccuracies or defects or bugs or viruses of any kind; or
- will be secured against intrusion by unauthorised third parties; and DomainKing assumes no liability,
responsibility or obligations in regard to any of the exclusions set forth in this clause 10.
- it has the capacity and authority to enter into and perform in terms of this Agreement and to provide the
11. Customer Warranties
- In addition to and without limiting any Customer warranty under this Agreement, the Customer undertakes and
represents that:- it has all requisite power and authority to execute and deliver this Agreement and to perform its
obligations hereunder; and - the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby
will not conflict with, or result in any violation or breach of, any contract to which Customer is a party.
- it has all requisite power and authority to execute and deliver this Agreement and to perform its
12. Force Majeure
- DomainKing shall not be liable for non-performance under this Agreement to the extent to which the
non-performance is caused by events or conditions beyond the control of DomainKing . - It is expressly recorded that for purposes of this clause the following shall be considered circumstances
beyond the control of DomainKing :- a Supplier’s fault of interruption that affects the Service(s);
- the non-performance, inability to perform or delay in performance by the upstream provider relating to the
provisioning of equipment, services and/or facilities to DomainKing that affects the Service(s); - acts or omissions of any government, government agency, provincial or local authority (including disruption
or suspension of the provision of municipal services) or similar authority, any laws or regulations having the
force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes,
interruption of transport, lockouts, flood, storm or fire; - all telecommunications infrastructure and communication line faults;
- failure or unreasonable delay by the Customer to report faults/problems to DomainKing ; and/or
- the failure of any hardware, software programme, applications(s) or any other computer systems (or any
component thereof) or product or service of any third party on whom the Customer relies (whether directly or
indirectly) to use the Service(s).
13. Limitation of Liability and Indemnity
- DomainKing shall not be liable for any loss (including but not limited to loss of data, profits and goodwill),
liability, damages (whether direct, indirect or consequential) or expense of whatsoever nature and howsoever
arising where DomainKing’s negligence, failure, delay or inability to perform any of the Service(s), any
defect or failure in the Equipment, or due to the occurrence of any of the following events:- the Customer’s failure to perform, or delay in performing its obligations in terms of this Agreement,
including non-payment of fees; - circumstances that constitute an event of force majeure as contemplated in clause 12 hereof;
- the Customer’s failure to perform, or delay in performing its obligations in terms of this Agreement,
- compliance by DomainKing with any applicable national and international legislation and laws;
- any alteration to the Software and Equipment by the Customer; and/or
- any defect and/or hazard in any third party equipment required by the Customer to be used in the provision of
the Services. - The Customer shall indemnify and hold DomainKing and any of its members, representatives, officers or employees
as well as any third parties whose networks are connected to the DomainKing System, harmless against all losses,
damages, liability, costs and expenses, including reasonable attorney fees, suffered or incurred by them as a
result of any claim by any third party, arising out of the provisions of clauses 13 - In the event that DomainKing is nonetheless held liable, the quantum of DomainKing ’s liability will not
exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3)
months, regardless of whether the claim arises out of negligence on the part of DomainKing or any other cause. - From time to time, DomainKing may deem it necessary to conduct maintenance, repair and/or improvement work on
its technical infrastructure by means of which the Services are provided and in order to perform these activities,
DomainKing may have to suspend the Services. DomainKing undertakes to provided reasonable notice to the Customer
by way of a notice on its website and the Customer agrees that all liability on the part of DomainKing of any loss
or damage (whether direct or consequential) thereby incurred or for any costs, claims, or demands of any nature
arising therefrom, is excluded. - Use of the Services indicates that the Customer indemnifies and holds harmless DomainKing in respect of any
damages, loss or costs or claims instituted against DomainKing arising from any application or subscription to or
use of any Service or breach of the Agreement. - Nothing contained in this clause 13 will limit the Customer’s liability in respect of charges incurred for
ongoing Services. - If the CPA is applicable to this Agreement, and any provision of this clause 13 is found by a court or tribunal
with jurisdiction over DomainKing to be unfair, unreasonable or unjust, then that provision (whether it be a word,
phrase or sub-clause) will be severed, and the remainder of this clause 13 will have full force and effect. - In the case of ambiguity, this clause 13 will take precedence over any expression of the Parties’
intention, whether express or implied, that may be contained elsewhere in this Agreement.
14. Breach
- Without prejudice to any other rights accorded to DomainKing in terms of this Agreement or any claims which
DomainKing may have for damages against the Customer, if the Customer:- breaches any of the terms or conditions of this Agreement (other than non-payment due and payable amounts)
and fails to remedy such breach within 14 (fourteen) days of notice thereof from DomainKing ; - endeavour to enter into a compromise, scheme of arrangement or composition with its creditors;
- allow any judgment against you to remain unsettled for more than 10 (ten) days without taking immediate
steps to have it rescinded and successfully prosecuting the application for rescission to its final end; - commits any act of insolvency, are placed in liquidation or judicial management (in either case, whether
provisionally or finally) or, being an individual, your estate is sequestrated or voluntarily surrendered; or - dispose of a material portion of its undertaking or assets; or
- fails to pay any amount on the due date for such payment, DomainKing shall be entitled on written notice to
the Customer and without any liability or obligation whatsoever, to: - suspend, discontinue or terminate all Services until such non-payment or breach is remedied to
DomainKing’s satisfaction; - treat all outstanding amounts, which would otherwise become due and payable over the unexpired period of the
Agreement, as immediately due and payable, and to claim such amounts as well as any other amounts in arrears
including interest and to cease performance of its obligations hereunder as well as under any other contract
with you until you have remedied the breach; - collect and retrieve all Equipment and the Customer shall advice DomainKing of the place of storage of such
equipment and allow unfettered access to such location to enable DomainKing to collect the Equipment; and/or - cancel or terminate this Agreement.
- breaches any of the terms or conditions of this Agreement (other than non-payment due and payable amounts)
- The Customer shall be liable for all costs incurred by DomainKing in the recovery of any amounts or the
enforcement of any rights which it has hereunder, including collection charges and costs on an attorney and own
customer scale whether incurred prior to or during the institution of legal proceedings or if judgment has been
granted, in connection with the satisfaction or enforcement of such judgment.
15. Dispute Resolution
- Any dispute which arises relating to or arising out of this Agreement, including the validity, implementation,
execution, interpretation, rectification, termination or cancellation of this Agreement, shall be referred to the
chief operating officers of DomainKing and the Customer or alternates appointed by them, who will use their best
efforts to resolve the dispute within five (5) business days of the dispute having been referred to them.
16. Notices and Domicilia
- All request by the Customer for amendment or termination of the Services or change of any of the business or
personal information of the Customer must be made in writing in accordance with this clause 16. Any notice
required to be given in terms of this Agreement shall be valid and effective only if in writing, which shall
include electronic communications. - The Parties select their addresses, where they will accept service of any notice or documents for all purposes
as their respective domicilia citandi et executandi the physical addresses appearing therein, as follows:- DomainKing: as disclosed on its website; and
- Customer: the latest contact details disclosed and recorded by DomainKing, provided that it is the
responsibility of the Customer to inform DomainKing of any changes to such contact details.
- The Parties shall be entitled from time to time by written notice to the other, to vary its contact details,
which change will take effect on the date on which the notice is deemed to be received by the other party in terms
of clause 4 below. - Any notice given by one party to another party (the “addressee”) which:
- is delivered by hand during normal business hours at the addressee’s physical address shall be deemed
to have been received by the addressee at the time of delivery; - is given by fax shall be deemed to have been received by the addressee on the first business day following
the day of successful transmission of the fax; - is given by pre-paid registered post shall be deemed to have been received by the addressee on the tenth
business day following the day of posting; or - is given by electronic mail shall be deemed to have been received by the addressee on the second business
day following the day of successful transmission of the electronic mail.
- is delivered by hand during normal business hours at the addressee’s physical address shall be deemed
- Notwithstanding the above, any notice given in writing, and actually received by the Party to whom the notice is
addressed, will be deemed to have been properly given and received, notwithstanding that such notice has not been
given in accordance with this clause 4.
17. Application of the Consumer Protection Act
- A transaction (as defined in the CPA) between you and DomainKing may or may not fall under the provisions of the
CPA depending upon whether certain values set out in clause 2 in respect of the Customer (“Threshold
Values“) are below a certain value at the time the transaction is entered into. - The Threshold Values are the Customer’s asset value or annual turnover, and the value against which they
are measured is as determined by the Minister of Trade and Industry by publication in the Government Gazette from
time to time. - DomainKing ‘s duties towards the Customer may vary depending upon whether the transaction in question is
subject to the CPA, and DomainKing will act upon the information given to it by the Customer in this regard.
Consequently:- the Customer warrants that any statement made to DomainKing in respect of its Threshold Values is accurate;
- if the Customer claims that all the Threshold Values are below the relevant value, or otherwise that the CPA
applies to the transaction in question, DomainKing may at its instance require the Customer to provide it with
financial statements as proof thereof; and - if the Customer misstates the Threshold Values in such a way that DomainKing considers for a period that the
transaction is subject to the CPA when it is not, all provisions of this Agreement that do not apply to
transactions subject to the CPA shall retroactively apply to the transaction in question, and the Customer
shall be liable for any damage sustained by DomainKing resulting from such misstatement.
18. Domain Warranty
- The purpose of this Warranty product is to avoid the involuntary expiry and blocking of a Service that has expired and for
which the Customer has not been able to pay the renewal fees. If a Domain protected by Renewal Warranty is not renewed
seven (7) days after its expiry (manually or automatically), DomainKing will automatically renew it for a renewal
period of three (3) months, and will ensure a period of good functioning for this period. After the domain renewal,
the Customer has ninety (90) additional days from domain renewal to pay the domain and warranty renewal invoice and
reactivate the Service. At the end of this additional period and in the event of non-payment, the Service will be
terminated by operation of law with all the consequences relating to the data it contained. It should be noted
that in the case of renewal by DomainKing, two invoices will be due – that of the domain renewal as well as
insurance renewal for another period of 12 months as in the case of domains. - This Option allows DomainKing to notify the Customer that a Service has expired and that an invoice must be paid as
soon as possible by the Customer in order to avoid the permanent loss of the Service concerned. Thus, DomainKing
will try, without obligation, to inform the Customer by means of preferred contact email address. - In addition, the Customer agrees and acknowledges that the Option may be deactivated:
- in the event of default on the Option;
- at the end of the activity cycle of the Option and after the issue of an unpaid invoice issued when the Service is due;
- in the event of a breach of any provision of this contract;
- in the event of termination of the Service.
19. General
- This Agreement constitutes the whole of the agreement between the Parties relating to the matters dealt with
herein and, save to the extent otherwise provided herein, no undertaking, representation, term or condition
relating to the subject matter of this Agreement not incorporated in this Agreement shall be binding on either of
the Parties. - DomainKing may amend the provisions of this Agreement at any time. The amended Agreement will be posted on
DomainKing ’s website (www.domainking.ng) and DomainKing will make
all reasonable efforts to advice the Customer of the changes. The Customer also had a duty to keep itself informed
of the latest version of the Agreement by accessing DomainKing ’s website on a regular basis. Amendments
will become effective 30 (thirty) days after the new version has been published on DomainKing ’s website. If
a Customer wish to object to any of the amendments, it may terminate the Agreement and the termination will be
effective one month after receipt by DomainKing of the written notice of termination, where after all Service(s)
will be discontinued by DomainKing . The Customer may not make any amendments to the Agreement. - No latitude, extension of time or other indulgence which may be given or allowed by any Party to the other Party
in respect of the performance of any obligation hereunder, and no delay or forbearance in the enforcement of any
right of any Party arising from this Agreement and no single or partial exercise of any right by any Party under
this Agreement, shall in any circumstances be construed to be an implied consent or election by such Party or
operate as a waiver or a novation of or otherwise affect any of the Party’s rights in terms of or arising
from this Agreement or estop or preclude any such Party from enforcing at any time and without notice, strict and
punctual compliance with each and every provision or term hereof. Failure or delay on the part of any Party in
exercising any right, power or privilege under this Agreement will not constitute or be deemed to be a waiver
thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further
exercise thereof or the exercise of any other right, power or privilege. - No waiver, suspension or postponement by any Party of any right arising out of or in connection with this
Agreement shall be of any force or effect unless in writing and signed by such Party. Any such waiver, suspension
or postponement will be effective only in the specific instance and for the purpose given. - All provisions and the various clauses of this Agreement are, notwithstanding the manner in which they have been
grouped together or linked grammatically, severable from each other. Any provision or clause of this Agreement
which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality,
unlawfulness or for any other reason whatever, shall, in such jurisdiction only and only to the extent that it is
so unenforceable, be treated as pro non scripto and the remaining provisions and clauses of this
Agreement shall remain of full force and effect. - The expiration or termination of this Agreement shall not affect such of the provisions of this Agreement as
expressly provide that they will operate after any such expiration or termination or which of necessity must
continue to have effect after such expiration or termination, notwithstanding that the clauses themselves do not
expressly provide for this. - Neither this Agreement nor any part, share or interest herein nor any rights or obligations hereunder may be
ceded, delegated or assigned by the Customer (including, but not limited to sub-letting or re-selling of any disk
space, server capacity or web hosting) without the prior signed written consent of DomainKing . In the event of
any change in the controlling interest of the Customer, the Customer shall give written notice of such event and
DomainKing reserves the right to terminate the Agreement on written notice to the Customer. DomainKing shall be
entitled to cede, delegate, assign or otherwise transfer any of its right and obligations hereunder to a third
party. - This Agreement will be governed by and construed in accordance with the laws of the Republic of South Africa and
all disputes, actions and other matters relating thereto will be determined in accordance with South African law.
The Customer irrevocably consent to the jurisdiction of the Magistrate Courts in accordance with the Magistrates
Court Act 32 of 1944, provided that DomainKing may institute legal proceedings in the High Court of South Africa. - The signatories hereto acting in representative capacities warrant that they are authorised to act in such
capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
specific terms and conditions
1. Definitions and Interpretation
These specific terms and conditions are read in conjunction with DomainKing’s general terms and conditions.
Unless otherwise indicated, all the definitions contained have the same meaning as those set out in the general
terms and conditions.
2. Hosting Services
-
Shared Hosting
- DomainKing ’s shared hosting platform is intended for hosting a website with relevant content and
function for a personal or small to medium size business without the concern of traffic overages. The use of
the service should not be indicative for large scale enterprises or applications where a Dedicated Server
would be more suited. - To ensure the integrity of the network and to offer Customers fair and equal usage across the board,
DomainKing reserves the right to:-- suspend or deactivate a service, or;
- upgrade a Customer’s shared hosting package on the Customer’s behalf should the
Customer’s package be causing degradation of a shared hosting environment which adversely affects
other Customers. Reasonable notice will be given to the Customer in the form of electronic mail or by way
of other communication methods before any upgrade is actioned.
- DomainKing may, at times with reasonable notice to Customers, revise or amend its current Shared and
Dedicated Hosting offerings relating to price, features, traffic allocations and disk sizes. - The Customer is responsible to advise DomainKing in writing of its representatives who are entitled to
access the server, used for the Hosting Services. DomainKing shall use all reasonable steps to verify the
identity of the representative that wishes to access the server, but will not be liable for any loss or damage
that you may suffer due to a non-authorised person gaining access to the server. - DomainKing shall not be liable or responsible for the backing up, restoration or loss of Data under any
circumstances. 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. - Disk space on shared hosting may only be used for Website Content, emails and related system files. General
data storage, archiving or file sharing of documents, files or media not directly related to the website
content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited,
via FTP hosts or any other means. - For shared hosting, DomainKing will implement security updates, software patches and other updates or
upgrades from time to time, to maintain the best performance, at DomainKing’s sole discretion.
DomainKing is under no obligation to effect such upgrades, or to rectify any impact such changes could
potentially have to shared hosting customers.
- DomainKing ’s shared hosting platform is intended for hosting a website with relevant content and
-
Dedicated, Cloud and VPS Hosting
- DomainKing shall make a server available to the Customer for its exclusive use. The server will at all times
remain DomainKing’s property, unless it is purchased outright by the Customer. DomainKing will setup and
manage the server on your behalf. - All Server log files remain DomainKing ’s property, but we will make a copy available to the Customer
on request. - The Customer is not allowed to remove the service from the location where DomainKing has installed it,
except with the advance written approval of DomainKing - DomainKing shall manage the server, including the hardware, software, and upgrades at its sole discretion.
- If the server becomes the target or source of any form of denial of service attack and DomainKing believes
that there is no other possible solution at that point in time, we may disconnect the Server, and it’s
assigned IP address, from the network. - DomainKing shall not be responsible for the Customer’s software, installed by the Customer that you
may install (and any vulnerabilities that may result from the use of the software). - DomainKing , expressly disclaims any direct, indirect, incidental, special, punitive, consequential losses
or damages, of whatever nature including which arise or may arise from (a) the Service or the hosting of any
content, application and/or data of whatever nature (b) maintenance and/or upgrades (c) installation and/or
use of any customer software or other software on the Customer’s website and/or database. The Customer
indemnifies DomainKing against all loss, damages, claims and liabilities of whatsoever nature as a result of
any claim instituted by a third party. - DomainKing does not allow the following services to run on it’s infrastructure: Gaming servers,
none-compliant financial offerings or investment schemes. Should it be found that a client’s service hosts
any of the aforementioned: DomainKing reserves the right to terminate the service immediately. - DomainKing endeavours to replace or repair failed hardware within 24 hours from a hardware failure
notification. - Cryptocurrency mining is strictly prohibited on DomainKing servers. This includes coins/tokens using Proof
of Space and Time/Proof of Storage.
- DomainKing shall make a server available to the Customer for its exclusive use. The server will at all times
-
Managed Hosting (Addon to Hosting Services)
- Managed Hosting is an extension of services where DomainKing agrees to help customers to manage their
ordered HOSTING service. Services will be offered as per description on DomainKing’s website(s). -
Management consists of the following services:
- Daily Backups with 30 days retention policy (Acronis)
- 24×7 Monitoring of server (this does not include any application Monitoring)
- Managed Windows Operation System (OS) Updates
- Firewall management
- Endpoint Security
- Day-to-day management assistance up to 4 hours per month (on Request)
- 4 hours system administration per month (on Request)
- Priority Technical Support (via SLACK)
- DomainKing will define scheduled maintenance windows in order to perform the above tasks. We will not manage
or be responsible for any third party application installed on the server. DomainKing cannot be held
responsible if there is any incompatibility between our Systems and any other third party application used or
installed by the customer. We will manage the Server, including the hardware, software, and upgrades at our
sole discretion.
- Managed Hosting is an extension of services where DomainKing agrees to help customers to manage their
3. Domain Names
-
Domain Registration
- DomainKing is accredited as an independent Registrar to register Domain Names on the .co.za, net.za,
org.za or web.za; .durban, .capetown, .joburg, Domain Name spaces. These domain names spaces are
managed and administered by various Administrators and therefore registration of Domain Names on these Domain
Name spaces are subject to the administrator policies, which may be amended from time to time. - DomainKing utilises the services of Diamatrix, Resellerclub, NameSilo and other various registrars to
register all international domain names subject to the terms and conditions of these various registrars, as
amended from time to time; - The registration, maintenance, or, transfer of a Domain Name is subject to the terms and conditions of these
Administrators and Registrars which allocate and govern these Domain Names. The Registrars may change or be
replaced from time to time; and DomainKing may change its registration provider from time to time. - All Administrators and Registrars’ terms and conditions are binding upon the Customer by reason of
Customer’s acceptance of these terms and conditions. - The following principles apply with regard to Domain Name registrations:
- Domains Names are made available on a “first come, first served” basis. DomainKing cannot guarantee that the
Domain Name requested by you is available for registration; - DomainKing does 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; - By registering a Domain Name, the Customer will obtain the right of usage to the domain name. Continued
usage of the Domain Name depends on the Administrator’s policies and the continued payment of the
applicable registration fees. - DomainKing will maintain the Domain Name for you as part of the Service 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. If we provide the administrative services, you will
continue to retain control of your Domain Name. - Any Internet Protocol (IP) address that DomainKing allocates to you will remain our sole property. We give
you a non-exclusive, non-transferable license to use the IP address for the duration of our agreement with
you. - 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. If you cancel your Domain Name registration during a grace period, it will be assigned a
‘pending release’ status and will not become available for release until the seven day grace
period expires. You will be charged a grace period administration Fee of R5 (excluding VAT) for co.za domains
and R10 (excluding VAT) for all other domains. Once the grace period has expired, the Domain Name will be
released and removed from the Registry database, making it available for anyone else to register. You will
receive a refund of the registration fee minus the grace period fee. You will not be able to transfer the
Domain Name to another Registrar during the grace period. - Domain Names are registered for one year, which registration may be renewed. It is your responsibility to
ensure that your Domain Name does not lapse. - In order to complete the registration on your behalf, we will request you to provide your business or
personal information. DomainKing will not be held responsible if you provide 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. - 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.
- DomainKing is accredited as an independent Registrar to register Domain Names on the .co.za, net.za,
-
Fees
- The following fees will be charged by DomainKing:
- 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 expenses or charges relating to the registration, transfer, renewal or redemption of the Domain
Name.
- The following fees will be charged by DomainKing:
-
Changes to Domain Name and Domain Name Information
- It is not possible for DomainKing 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, you will be required to pay a fee to the registrar. - The Customer (as the “Registrant“) or its agent can change Registrant information (for
example the Registrant’s name, email address, telephone number and physical address).
- It is not possible for DomainKing to amend the actual Domain Name itself. If there has been an error in the
-
Disputes
Various alternate dispute resolution mechanisms apply for Domain Names registered globally and includes:
- the Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs;
- the Alternate Dispute Resolution Regulations in terms of the Electronic Communications and Transactions Act,
2002, applicable in South Africa; and - similar proceedings in other ccTLDs.
- 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. - 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). - 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.
-
Domain Name Transfers to another Registrar
- You are able to transfer your Domain Name to another Registrar at any time other than during the grace
period. In such a case no refund is given. - 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.
- You are able to transfer your Domain Name to another Registrar at any time other than during the grace
-
Domain Name Renewals
- Please note that we do not auto-renew domains unless:
- we have been instructed to do so by yourself
- you have set it by yourself in our customer portal
- We will give you a renewal reminder by email prior to the renewal date of your Domain Name upon which you
either need to:- confirm renewal upon which renewal instructions will follow or
- confirm cancellation upon which cancellation instructions will follow
- If you do not give the required notice, we will NOT renew the Domain Name, the domain will expire and you
will lose access to the domain name- Should you then wish to recover the domain name after expiry, there would be either redemption or
recovery charges payable or domain would not be able to be recovered
- Should you then wish to recover the domain name after expiry, there would be either redemption or
- Please note that we do not auto-renew domains unless:
-
Payment Default of the Domain Services
- 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.
- exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been
- If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or
-
Termination of the Domain Services
- 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. - If any of the Administrators, 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.
- If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the
-
Payment Default of the Domain Services
- Visit ICANN for more information about Registrant Education
- Visit ICANN ror more information about Domain Name Registrant Rights.
4. Secure Sockets Layer (SSL) Certificate
- Secure Sockets Layer (SSL) Certificate(s) is/are a third party application software that allows secure encrypted
software communication between a web server and a browser vice versa. - DomainKing has the authority to resell SSL Certificate(s) as per the price, terms and conditions on its website
which is subject to variation and/or change from time to time. The terms and conditions of the third party
supplier of the SSL Certificate(s) will be applicable to the Customer. - If any third party supplier of SSL Certificate(s) suspends, terminates, or in any way interrupts the continued
operation of such SSL Certificate(s), DomainKing will try to ensure the continuance of such third party
application. If we are unable to ensure the continuance under any circumstances whatsoever, we will not be liable
to you or any other third party for any loss or damages to you or any third party may suffer arising from, or in
any way relating to, the suspension, termination and/or interruption thereof.
5. Fair Use Policy
- In order to provide all Customers with proportionate and fair access to the network resources, DomainKing
operates a fair use policy. - During high levels of usage, DomainKing ’s fair use policy will restrict the available connection speed of
Customers identified as having made a disproportionate use of network resources. - DomainKing will monitor each Customer’s total download and upload volume throughout each month to identify
those Customers with a disproportionate usage profile. Customer usage will be calculated on a monthly basis, as a
result, DomainKing will reset the monitored volume to zero at the commencement of each month. - DomainKing’s fair use policy restricts only the speed of access, it does not limit the time connected to
the internet through broadband or reduce the overall download and/or upload volume of any Customer or user. - DomainKing will not be liable to you or any other third party for any loss or damages to you or any third party
may suffer arising from, or in any way relating to, the restriction of access of speed as a consequence of
operating its fair use policy.
6. Refund policy
-
Money-back Guarantee
- If you feel our services are not the right fit for you, we offer a refund on hosting fees if all the
following conditions are met:- Refund request is submitted within 7 days of initial order,
- Client had no services with us 12 months prior to the order that the refund request pertains to,
- Refund is not requested for a non-refundable product/service.
- If you feel our services are not the right fit for you, we offer a refund on hosting fees if all the
-
Non-refundable products/services
- No refunds will be given for any product/service we purchase from third-party suppliers where refunds are
not possible. This includes:- Domains
- In the case where a product is cancelled, a refund is requested and a domain name was included at
not additional cost to the client (free) with the product. DomainKing will deduct the normal selling
price of the domain from any refundable amounts due to the client. The domain remains the property of
DomainKing until either- Sufficient hosting fees have been received over the course of the product, such that it will
cover the normal selling price of the domain.
or - The customer pays the difference between the total hosting fees received, and the normal selling
price of the domain.
- Sufficient hosting fees have been received over the course of the product, such that it will
- In the case where a product is cancelled, a refund is requested and a domain name was included at
- SSL Certificates
- All software licences including but not limited to Acronis™ backup licence, cPanel account
licences, all Plesk licences, Windows Server Standard, Remote Desktop, MS SQL, MY SQL, MS Office. - Dedicated Servers, Cloud Servers, Virtual Machines and Containers are subject to a 30 day notice period
and no refunds will be offered unless cancellation is requested within 3 days from order. - No pro-rata refunds will be processed for services that have been billed for periods longer than 1 month
(quarterly, biannually, annually etc), unless the cancellation and refund request is received within the
initial 30 day trial period.
- Domains
- No refunds will be given for any product/service we purchase from third-party suppliers where refunds are
-
Refund disbursement methods
- Refunds will be paid out in the form of monetary value in the currency of the initial order.
- Payments made with a bank card are refunded back to the same card via transaction reversal.
- Refunds of bank transfer payments or EFT are done via bank transfer with the banking details supplied by
the account holder.- If the request email is sent from the authorised email address on the billing account, we require
banking details and proof they are the bank account holder before we approve the refund. - If request is not sent from the authorised email, we require banking details, proof they are the bank
account holder, copy of ID and copy of company registration document before we approve the refund.
- If the request email is sent from the authorised email address on the billing account, we require
- Refunds of payments made via SnapScan are done via bank transfer with the banking details supplied by the
account holder. - Refunds of PayPal payments are done via PayPal to the PayPal account that made the payment.
- Payments done via PayFast are refunded by PayFast on request. The timescale for all PayFast credit card
refund is 5-10 working days. All PayFast EFT payments will be paid into the client’s bank account within 48
hours.
- Refunds will be paid out in the form of monetary value in the currency of the initial order.
7. Ad-hoc System Admin
Server maintenance and support terms and conditions
DomainKing will provide server administration and support in line with the terms and conditions in this agreement.
The service provided does not constitute a work-for-hire contract, all services provided will be seen as being
provided as an independent contractor. DomainKing, it’s staff and contractors will not be considered employees of
the client.
Terms applied to the technical support and sysadmin service.
- DomainKing and its sysadmins are highly experienced when it comes to system administration and troubleshooting.
Though there are often times where it is not possible to resolve an issue, and it needs to be referred back to the
software provider. If this is the case or the service does not behave in the expected manner, the technical
support issue must be handed over to the 3rd party by the client. Any liability or service delivery expectation
from DomainKing will be nullified by the client. - By making use of our services or initiating the sysadmin support service; the client agrees to all charges
associated with the service as per pricing page for the cost quoted per unit of time. The client will be billed
for the hours spent on the issue and any subsequent issues that may arise. - DomainKing will aim to communicate any additional fees should the initial estimate be inadequate. This will be
done before any additional work is carried out. - The client agrees to pay DomainKing for the Admin time invested in the clients reported issue, irrespective of
the outcome. - Payment may be required upfront, post task completion or based on milestones within the task. This is decided on
a per task basis. - All tasks during the troubleshooting process are billable. This includes sub-tasks, troubleshooting, information
gathering, client contact, updates and all steps involved in resolving the reported issue. - There is no guarantee on the outcome of the task or the amount of time it will take to resolve a reported issue.
- DomainKing will take advantage of all available resources when undertaking a task. However, there is no
guarantee of the outcome or the data that is recovered. - Though we will aim to provide a solid resolution to a reported issue, DomainKing cannot warrant against the
issue reappearing. Any additional admin time spent on a task whether reoccurring or not, will be billable. - If it is found the service is being used for an activity that goes against DomainKing’s FUP or AUP we will
discontinue the admin task promptly. - Liability of DomainKing is limited to the cost of the sysadmin time spent on the task.
- Techniques or documented steps to fix the issue will be for the DomainKing’s consumption and use only. There
will be no obligation to provide a detailed walk through or documentation to the client.
Operations overview
1. Data security and ISO guidelines followed by DomainKing
DomainKing follows best practices employed internationally when referring to data security, datecentre access, fire
suppression, electrical supply management, disaster mitigation.
Our servers are secured using a variety of methods some of which are listed below:
- Server user hierarchy setup and monitoring. Closely controlled to ensure correct user access levels.
- Advanced user level isolation. Each user has their own environment on the server, meaning that the process data
is isolated from all other users on the server. - Automated server OS updates ensure release updates of critical server processes. Helping to patch and secure
servers in real-time.
Datecentre’s security and uptime features
Access control
- All datacentres are tier 3 facilities
- High-tech biometric access
- Internal and external surveillance cameras
- High-voltage security fences
- 24/7 on-site security presence
Fire protection and prevention measures
- Very Early Smoke Detection Apparatus (VESDA)
- No flammable materials within the ‘white space’
- All cabling is fire-retardant
- Regular cabinet audits
- Strict adherance to power usage within each rack
- Airflow monitoring and audits within each rack, performed often
Power continuity
- 11KV municipal power supplies
- Fault-tolerant rings powering two energy centres
- A and B feeds to server racks, networking, access control and air conditioning
- Duel diesel generator with enough on-site diesel storage to continuously run the datacentre off-grid for up to 7
days - UPS power on each power feed allowing up to 30 minutes of switch-over time
Networking
- Multi-homed with multiple tier-1 uplinks per datacentre
- Redundant fibre routes via a fibre ring, ensure connectivity in case of a fibre break
- VLAN reverse path forwarding protection
- DDOS mitigation
- Routing firewall rules
DDOS mitigation
- Automatic traffic scrubbing and attack detection keep our network operating at optimal levels.
- Scrubbing centre capable of scrubbing up to 40Gbps per source IP.
- Null routing upstream is an option, though avoided in most cases thanks to the large scrubbing capabilities.
Network firewall rules
- Rate-limiting abusive protocols per source IP
- Ability to block abusive external IPs
- Auto lock and unlock of rate limits based on predefined rule sets
Monitoring
- All services are monitored 24/7. We monitor many services and ports per host so that we are aware of service
downtime not limited to just ping response. - Our server monitoring services allow remote collection of CPU, memory, fan speed, temperature, power delivery
and disk health. - Service monitoring informs our system admininistrators of service health for mail, database, mail queues, web
services, and much more. - All this ensured the best hosting experience possible for our valued customers.
Datacentre’s locations:
- South Africa – Johannesburg
- Germany – Frankfurt
- Brazil -Sao Paolo
- United States – Chicago
- United States – Los Angeles
Dedicated servers
For clients requiring additional control of their hosting environment, our dedicated servers and custom hosting
solutions allow true customisation of their network and hardware.
Customers will know their data is only accessible by the intended user and all processing power is available and
ready for use by their hosted services.
Security updates
We subscribe to various vendor CVE reports. Along with automated Kernel updates on all our shared and managed
servers, we also aim to patch all servers within a few days of a stable release and within hours of a major software
update.
Device access control
We make use of software firewalls and host allow access controls in tandem with internal VPNs to managed access to
systems through unified IP addresses.
Our firewall ruleset is implemented throughout our shared and managed servers. Firewall uptime is monitored 24/7
with auto-restarts on server reboot or service hang.
Automatic firewall rules blocks on events such as, port scanning, brute force attempts and distributed login
attempts.
Unused ports are closed, rate limiting is implemented, excessive resource usage by processes are reported among
many other incident rules.
Herd immunity through distributed grey and blacklisting blocks unsavoury IP ranges.
For integrated systems such as routers and switches their allow access control list works through IP restriction,
in cases like this, we ensure all system administrators and network engineers connect from our internal IPs blocking
out all unauthorised access.
Backups
All shared hosting and managed dedicated servers are automatically backed up on a rotational schedule from
midnight, allowing for recovery of the server’s data when needed.
We backup the entire server which includes databases, emails and website content. As well as log files.
Backups are kept for a period of no more than 60 days. Customers are able to restore available incremental backups
from their control panel.
It must be stressed that should a client host critical data that they cannot afford to lose, they are required to
make their own off-server, local backups. Do not rely on our backups for your data recover plan.
We monitor the reported state of our backups on a daily basis, intervening where needed to ensure that we
continuously backed up hosting environments.
Software
We use trusted software from reputable vendors for all our production services. We are an advocate of open source
and community driven software. Linux being the primary example of how well this works.
For internally developed software, we have quality control protocols, and two review steps before production
release. We also make use of external 3rd party pen-testers to ensure our apps and addon’s are secure.
Anti-Virus
All shared servers and managed servers use anti-virus software to scan newly uploaded files, stored data and
emails. We utilise ClamAV, imunify+ and Imunify360.
All outgoing mail is scanned and filtered for spam and malware.
We protect our mail users by implementing the following restrictions.
- Anti-spam filtering.
- Untrusted IP ranges excluded from receiving/sending mail.
- Outgoing mail filtering to protect IP reputation and ensure delivery of mail.
- Authentication required to send mail through our servers.
Credit Cards
All credit card information that we store for recurring payments is kept at our credit card processor in a PCI
compliant datacentre with the necessary controls.
We don’t store billing information on our systems. We do, however, store a token which is unique to your payment
details on the PCI compliant payment gateway.
Network Quality
Our team of dedicated network monitors actively respond to reports of network abuse.
Our responses include:
- removing unfavourable content,
- blocking abusive email accounts that originate from our network,
- null routing IPs of abusive servers,
- notifying clients of compromised websites,
- automatic WordPress updates,
- daily malware scanning, and
- the automatic removal of infected files.
These are only a few of the steps we take daily to keep our network and IP ranges clean.
Accreditation
DomainKing has not formalised our ISO accreditation, SOC 2 or ISO 27001. However, we steadfastly adhere to the
principles instilled in these guidelines.
2. Data Protection
We take the security of your data very seriously at DomainKing, be it personal or stored data. We believe data is
the property of the rightful creator and our customers have full control over their personal data.
GDPR
General Data Protection Regulation (GDPR) came into effect on the 25th of May 2018. Its purpose was to enforce the
correct handling of an individual’s data. It determines how businesses use, store, and protect client data. We
believe these guidelines have great merit and we adhere to these guidelines.
POPIA
Protection of Personal Information Act (POPIA) is a privacy law introduced in South Africa on 1 July 2021. The aim
is to help secure and protect personal and company data in SA.
POPIA follows the EU’s GDPR very closely with a few differences in phrasing tailored to also cover personally
identifiable data.
The protection of personal data is seen as protecting information such as names, contact details, addresses as well
as digital identifiers that could link back to the client, such as IP addresses or email accounts.
3. Support
At DomainKing, we live for customer support. It’s the lifeline of our business and of our clients’ businesses.
We aim to employ the best staff possible and provide face to face training for all our staff members.
Our support motto is to put the client first. Within that structure our goal is to understand the client’s
perspective as to the nature of a support request and its specifications, thereafter working to resolve the issue as
quickly as possible.
Support process
All support requests are handled on a first come, first served principle . We do allow escalations of requests
through keyword monitoring and manual contact via Live chat, or inbound phone calls.
We offer a client call back service, so our customers don’t have to wait on the line for a representative.
Clients have the option of being connected to our internal Slack for direct access to the team. This request is
only entertained for clients that have managed services and a minimum spend threshold.
Support quality control
Support teams have a team lead, and operations managers actively monitor responses. This helps to keep our level of
support at the industry-leading levels our customers have come to expect.
We monitor social media and review sites for client’s comments. We are committed to quick resolutions of client
technical requests.