Hosting Services – Terms and Conditions (South Africa)

1. Provision of Services

Websense (“the Service Provider”) supplies website hosting, email hosting, and related technical services (“the Services”) on a month-to-month basis unless otherwise agreed in writing. The Service Provider will use reasonable commercial efforts to ensure the availability and functionality of the Services.

2. Fees, Invoicing and Payment

2.1 All fees for the Services are billed monthly or annually in advance.
2.2 Payment is due strictly within 30 (thirty) days of the invoice date.
2.3 Any invoice not settled within the prescribed period shall be deemed overdue.

3. Service Suspension for Non-Payment

3.1 Should any amount remain unpaid for longer than 30 (thirty) days, the Service Provider reserves the right, without further notice, to suspend, pause, limit, or deactivate hosting, email, and any related Services until all outstanding amounts are paid in full.
3.2 The restoration of Services following suspension may be subject to an administrative reinstatement fee.

4. Data, Backups and Security
4.1 While reasonable safeguards and industry-standard security measures are maintained, the client remains solely responsible for maintaining up-to-date backups of all website files, databases, and email data.
4.2 The Service Provider shall not be liable for any data loss, corruption, or service interruption arising from suspension, technical issues, or client actions unless caused by gross negligence on the part of the Service Provider.

5. Acceptable Use

The client may not use the Services to engage in any unlawful activities, including but not limited to the distribution of spam, malicious software, illegal content, or any activity that compromises network security. The Service Provider reserves the right to suspend Services immediately if such activities are detected.

6. POPIA and Data Protection

6.1 The Service Provider undertakes to process any personal information in accordance with the Protection of Personal Information Act, 4 of 2013 (“POPIA”).
6.2 The Service Provider will implement reasonable technical and organisational measures to secure personal information against loss, unauthorised access, or unlawful processing.
6.3 The client acknowledges that hosting and email services inherently involve the transmission and storage of data across third-party infrastructure, and thereby consents to such processing for the purpose of delivering the Services.
6.4 The client remains responsible for ensuring their own compliance with POPIA regarding any personal information stored, sent, or processed through their website or email accounts.

7. Domain Names

Domain registration, transfer, and renewal fees are billed separately. Failure to pay renewal fees may result in expiry or loss of the domain, for which the Service Provider bears no responsibility.

8. Limitation of Liability

To the maximum extent permitted by South African law, the Service Provider shall not be liable for any indirect, consequential, special, or financial damages arising from downtime, service suspension, data loss, technical failures, or any event beyond its reasonable control.

9. Cancellation

The client may terminate the Services on 30 (thirty) days’ written notice. All outstanding fees must be paid prior to cancellation taking effect. No refunds are provided for partial months or unused periods.

10. Amendments to Terms

The Service Provider may amend or update these Terms and Conditions from time to time. Continued use of the Services following such amendments shall be deemed acceptance of the revised terms.