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Terms & Conditions

Elitehost strives to provide the best possible service to all our customers, but we will not tolerate any unlawful and/or suspected unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These Terms and Conditions("T&C's"), read in conjunction with our Acceptable Use Policy("AUP"), serve as guidelines that we need impose to regulate the relationship between Elitehost and You ("collectively referred to as the Parties"). Elitehost reserves the right to update our T&C's and AUP at any time, so please check back periodically.

  1. Definitions

    Whenever the singular is used the same shall be construed as meaning the plural if the facts so require and vice versa.

    1. "Agreement"means the T&C's and AUP that regulate the relationship between You and Elitehost.
    2. "Elitehost" (or "we" / "us" / "our") means Optify Systems (Pty) Ltd, a company incorporated in South Africa under registration number 2011/111730/07 trading as Elitehost;
    3. "ECT Act" means the Electronic Communication and Transactions Act number 25 of 2002, as amended from time to time.
    4. "Data" means any data and/or information, including personal data and information as defined in the ECT Act, POPIA and any other legislation; regulations relating to the protection of: data and information that is stored, collected, collated, accessed, received, recorded, modified, retrieved, altered, used and/or processed.
    5. "Responsible Party" being the person or entity who determines the scope of Personal Information ("what"), the purpose of Processing ("why") and the means ("how") of Processing the Personal Information.
    6. "You"/" Your"/ "Data Subject" means any person, including our clients, prospective clients and/or our service providers, to whom the Personal Information relates.
    7. "POPIA" means the Protection of Personal Information Act 4 of 2013, as amended from time to time.
    8. "Operator" means those third-party persons or entities who Process Personal Information on behalf of the Responsible Party interms of an agreement.
    9. "Client Area" refers to our client area at https://my.elitehost.co.za.
  2. General
    1. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties' consent to the jurisdiction of the courts of Republic of South Africa in this regard.
  3. Payment Policies
    1. Full payment is required before any hosting service is rendered, which includes renewals. All payment-due notices will be sent by electronic mail. Payment is due on the first day of the month, for that month. New orders are prorated to the first day of the month. All customers will receive invoices 15 days before the due date. Billing will continue until you cancel your hosting account. We accept the following forms of payment: Electronic Funds Transfer (EFT), Credit Card (MasterCard and Visa), PayPal, PayFast and Debit Order.
    2. Debit orders that return as unpaid will attract a R50 administration fee. The account should then be settled by EFT or Credit Card, no further debit orders will run on the account until the overdue amount has been settled.
  4. Late Payment
    1. It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Elitehost of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms & Conditions), those services will be billed on a recurring basis, unless otherwise stated in writing by Elitehost. Elitehost reserves the right to allocate payments to the oldest outstanding invoice on your account. Elitehost reserves the right to bill your credit card or billing information on file with us.
    2. Elitehost provides a 10-day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 10 days will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received. We do not charge a reactivation fee.
    3. Non-payment of outstanding service fee invoices will result in termination of the hosting service. There is no guarantee that a backup will be available.
  5. Cancellation
    1. Cancellations must be done via your client area: my.elitehost.co.za. You have the option of cancelling your account immediately or at the end of the billing period. If you choose to cancel the account immediately then your account will be terminated from our servers on receipt of the cancellation. Cancellation of a subscription does not cancel any outstanding invoices. All outstanding invoices are still due.
  6. Domain Services
    1. We use the services of a third-party registrar to register domains. The registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a domain name is subject to the terms of the relevant registry governing the domain name.
    2. When registering a domain name, it is not your property, it cannot be "owned" by anyone. We will register the domain in the name of the "Registrant" and they will have full control of the domain. We cannot guarantee the registration of a domain name, but we will make every effort to register the domain that you choose.
    3. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process. If you are acting on behalf of the domain owner, you agree to register the domain in your customer's name. It is important to ensure that the correct person or entity is disclosed as the registrant. All registrant details must be true and accurate, you are not allowed to prevent a domain owner from moving their domain away should they choose to do so.
    4. We will only act on instructions of the account holder or other authorised users on the account. We act on your instructions to the extent that those instructions are possible and lawful.
    5. All domain registrations are final. Domain names cannot be modified once they have been registered, a new domain will need to be registered.
    6. You warrant that:
      1. All information provided in the registration of the domain is complete and accurate.
      2. You are entitled to register the domain name.
      3. If you are not the domain owner, that you have permissions from the owner to act on their behalf.
      4. You are not breaking any law or violating any Intellectual Property Rights by registering this domain.
      5. The domain will not be used in a malicious way.
    7. We will do our utmost to prevent expiry of your domain name, it remains your responsibility to ensure that the domain does not expire. Our billing system has been programmed to automatically generate your domain renewal invoice unless you expressly tell us not to do so, in which case the domain will expire. We try and send reminders before expiry dates. It may occur that reminders are not sent due to events beyond our control, we will not be held liable.
    8. You indemnify us against any loss or damage that we may suffer arising from registration of your domain name.
  7. Domain Cost Refund Policy
    1. Please note that fees payable for domain registration and renewal costs are non-refundable. Elitehost accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges might apply in these cases.
  8. Premium Domains
    1. As various registries worldwide mark high value domains as premium domains, these domains cost more. We will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the Customer have paid for a domain deemed premium by the registry, the Customer will be given the opportunity to pay the premium domain name fee. Alternatively, a refund of the price paid will be given to the customer.
  9. Unlimited Traffic/Storage Policy
    1. Our unlimited plans do not have set limits on bandwidth and disk storage. Instead, we have a fair use policy which goes as follows.
    2. Bandwidth and disk storage are unlimited as long as:
      1. They are used as an integral part of your website,
      2. you are not intentionally abusing the service by using excessive bandwidth or disk storage,
      3. you are not violating our terms and conditions, and
      4. you are not impeding our capability to provide other service to other customers.
    3. Email storage under Unlimited packages is subject to the following:
      1. we do not allow long term storage of emails, we reserve the right to remove emails older than 12 months,
      2. we do not allow the use of unattended mailboxes, if an account has unread emails older than 180 days it will be considered abandoned and may be deleted,
      3. emails stored in 'spam' or 'deleted' folders may be deleted where such email are over 30 days old.
    4. In other words, if you are adding content (images, files, text, etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth and disk storage your site is consuming.
    5. Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth or disk storage limits. We'll take care of these sorts of issues so you can concentrate on growing your site.
    6. If, however, you are attempting to take advantage of the service by distributing or storing large files, PDF's or images, streaming excessive video or hosting music or something similar, then we will request that you cease doing so.
  10. SPAM Policy
    1. Elitehost takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of Elitehost may not use or permit others to use our network to transact in UCE. Customers of Elitehost may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
    2. If your actions have caused Elitehost's mail servers or Elitehost's IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the Internet, you will be assessed a R500 charge to your account for administrative charges incurred to remove and protect mail servers and IP ranges.
  11. Content Policy
    1. All services provided by Elitehost are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, United Kingdom or United States Federal, State, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization. The subscriber agrees to indemnify and hold harmless Elitehost from any claims resulting from the use of the service which damages the subscriber or any other party.
    2. Also prohibited are sites that promote any illegal activity or present content that may be damaging to Elitehost's servers or any other server on the internet. Links to such materials are also prohibited.
    3. Examples of unacceptable content or links:
      1. Pirated software
      2. Hacker programs or archives
      3. Fraudulent activities
      4. Adult sites
      5. Spellcaster activities
      6. Warez sites
    4. Any illegal activity, online gambling, spamming or hacking will result in your site being shut down. The customer is solely responsible for the content stored on and served on their hosting space.
    5. Elitehost will be the sole arbiter as to what constitutes a violation of this provision.
  12. Scripts and Software Policy
    1. You are free to install and use any scripts you wish, (as long as they are not on our banned scripts list, see below) however we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other Elitehost customers.
    2. Elitehost is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function correctly. Please don't expect our technical support team to troubleshoot aspects of your scripts or third party scripts that you use on your sites hosted on our servers.
    3. Elitehost provides technical support for the server & server related softwares. Any scripts included in the Softaculous are 3rd party scripts and support is not provided by our technical support team.
    4. The following scripts are banned due to the potential harm they can cause to other sites on the same server:
      1. Torrentflux (and similar scripts);
      2. AlienForm (all versions);
      3. Formmail.pl;
      4. Greymatter (all versions);
      5. Open Webmail;
      6. Ikonboard (all versions);
      7. IRC Egg Drops & IRC related programs;
      8. Chat software;
      9. lstmrge.cgi;
      10. Proxy Servers & Scripts (EX: nph-proxy);
      11. Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl);
      12. The Anonymizer;
      13. UltimateBBS (all versions);
      14. YABB + YABB SE (all versions);
      15. Any script that uses / processes a massive number of flatfiles or large flatfile databases; and
      16. Crypto currency mining software, crypto currency wallets and crypto currency related websites.
  13. Resource Usage
    1. Our hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs server/network performance is prohibited by this policy and may result in suspension of your account without notice. You are prohibited from excessive consumption of resources, including processing time, memory, and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Elitehost's systems or Hosting. Elitehost reserves the right to terminate or limit such activities.
  14. System and Network Security
    1. Users are prohibited from violating or attempting to violate the security of the Elitehost Network. Violations of system or network security may result in civil or criminal liability. Elitehost will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations. These violations include, without limitation:
    2. Accessing data not intended for such User or logging into a server or account, which such User is not authorized to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
    3. Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such user is not entitled.
  15. Backups
    1. Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity of these backups. Backups are made for server restoration purposes only. It is the client's responsibility to maintain local copies of their web content and information.
  16. Intellectual Property
    1. We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest, or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.
    2. You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.
  17. Refusal of Service
    1. We reserve the right to refuse service to anyone for any reason and to terminate service to any customer for any reason not prohibited by law.
    2. Any deliberate attempt to cause damage to Elitehost's servers, the Elitehost network or any other internet servers will result in immediate account deactivation without prior notice.
    3. Elitehost reserves its right to terminate this Agreement at any time for any reason, with or without cause, upon thirty days' written notice.
    4. After termination of Your Agreement with Elitehost you will no longer have access to your account, including but not limited to e-mails, log files, databases, or other data files associated with your account may be deleted. Elitehost accepts no liability for such deleted information or content from Your account.
  18. Intellectual property rights
    1. The Content we make available to you through the Website is owned by, or licensed to us, or thirds parties and as such, is protected from infringement by domestic and international law, including intellectual property law. Subject to the rights afforded to you herein, all our rights, including intellectual property rights, for Content displayed on the Website, are expressly reserved.
    2. You must not use the Website or the Content in any way that constitutes a violation of any law (including intellectual property law), or an infringement of our rights (including the intellectual property rights), the rights of our licensors or any third party.
    3. All intellectual property rights, including all rights, titles and interest in and related to the Website and Content, of whatsoever nature existing now and in the future, remain our absolute property and that of our licensors.
    4. You will not, at any time, acquire any rights, title, ownership or interest, including any intellectual property rights, in or to the Website or the Content other than those rights expressly granted to you in the these Terms.
    5. Where any of the Content has been licensed to us or belongs to any third party, your rights of use will also be subject to any terms and conditions of which that licensor or third party imposes from time to time and you agree to comply with such third party terms and conditions.
  19. Electronic communications
    1. By using the Website or communicating with us by electronic means, you consent and acknowledge that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be "in writing".
  20. Disclaimer
    1. While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website at any time without notice. The material on the Website may be out of date, and in this regard, we make no commitment to update such material.
    2. The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms whatsoever, including (without limitation) any representations, warranties or conditions as to the operation, integrity, compatibility, availability or functionality of the Website or Content, which, but for the legal notice set out in this paragraph 25, might have effect in relation to the Website.
  21. Paragraphs 20.1 and 20.2 are important legal consequences for you. In these paragraphs:
    • our legal responsibilities and liabilities are excluded or limited;
    • any rights you have against us are limited or excluded; and
    • you take on the responsibility and risk.
    There are things that may go wrong when you use the Website and Elitehost will not be responsible or liable for anything that goes wrong. You use the Website knowing and accepting that things can go wrong and that there are risks involved. We make no promises that the Content will be free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. As such, should you suffer losses for relying on this Content you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages in these circumstances.
  22. Data protection and the Protection of Personal Information Act, 4 of 2013, (POPI)
    1. We collect personal information from you and you may submit Personal Information to us. We will handle the collection, processing and storage of your Personal Information in accordance with our Privacy Policy.
    2. By disclosing or submitting your personal information to us, you consent to us collecting, processing and storing your personal information for the purposes described in our Privacy Policy.
    3. The personal information is as defined in POPI and the Privacy Policy (Personal Information) is regulated and controlled in terms of POPI in respect of the collection, use, transfer and processing of an individual or legal entity's Personal Information
  23. Linking and framing
    1. It is expressly prohibited for any person, business, entity or website to link to any page other than the home page of the Website, without our prior written approval.
    2. It is expressly prohibited for any person, business, entity, or website to frame any page on the Website, including the home page, in any way whatsoever, without our prior written approval.
  24. Agreements in terms of section 21 of the Electronic Communications and Transactions Act
    1. No information or data on the Website is an offer but merely an invitation to do business.
    2. No agreements shall be concluded merely by sending a data message to the Website or its owners, and valid agreements require an acknowledgement of a receipt from us.
  25. Searching technology
    1. The use of non-malicious search technology, such as "web-crawlers" or "web-spiders", to search and gain information from the Website is not permitted if such technology will result in slowing down the Website server or copyright infringement of any Content available on or through the Website.
  26. Liability
    1. Subject to the provisions of sections 43(5) and 43(6) of the Electronic Communications and Transactions Act, and to the extent allowed by law, we shall not be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use the Website or the services or content provided from and through the Website. Furthermore, we make no representations or warranties, implied or otherwise, that, amongst others, the Content and technology available from the Website are free from errors or omissions or that the service will be 100% uninterrupted and error free.
    2. The Website is supplied on an "as is" basis and has not been compiled or supplied to meet the user's individual requirements. It is your sole responsibility to satisfy your own requirements prior to entering into this agreement with us that the content available on or through the Website will meet your individual requirements and be compatible with your hardware and/or software.
    3. Information, ideas and opinions expressed on the Website should not be regarded as professional advice and/or our official opinion and you are encouraged to consult professional advice before taking any course of action related to information, ideas or opinions expressed on the Website.
    4. Neither we nor any of our agents or representatives shall be liable for any damage, loss or liability of whatsoever nature arising from the use or inability to use any product sold on the Website.
    5. Submissions of content (contribution to blogs, comments on articles posted) and User Postings of any kind posted to the Website, or e-mail sent to the Website are not editorially controlled and therefore we cannot be held liable for illegal or unconstitutional content (including, but not limited to defamatory content).
  27. Paragraphs 25.1 to 25.5 have important legal consequences for you and must be read carefully. In these paragraphs:
    • our legal responsibilities and liabilities are limited or excluded;
    • the rights or remedies you may have against us are limited or excluded; and
    • you take on the responsibility and risk.
    There are things that may go wrong when using the Internet. We are not responsible or liable for anything that goes wrong. You use the Website knowing and accepting that these things can go wrong and that there are risks. We make no promises that the Content is free from errors or that the Website or Content is suited for your particular needs. The Content cannot be relied upon to be true or accurate. None of the Content can be considered to be our opinions or the opinions of our agents or representatives. You will not be able to take action against us if you suffer a loss or damages in these circumstances.
  28. Indemnity
    1. As far as the law allows, you indemnify us and agree to hold us, our affiliates and our suppliers harmless against any loss, liability, costs, and damages which we or they may suffer from a claim, where the claim results from:
      1. your use and access to the Website, Content and/or the Services;
      2. you infringing or misusing any rights of any persons, including intellectual property rights in relation to the Website or Content; and/or
      3. your violation of these Terms; or any User Content which you may upload, post or email.
  29. Paragraph 26.1 is important and must be read carefully. It:
    • limits or excludes our legal responsibilities and liability;
    • limits or excludes the legal responsibilities and liability of various persons or entities; and
    • places legal responsibilities and liabilities and risks on you.
    In certain instances Elitehost or other persons or entities may have claims for damage caused by you, for example, when you infringe the intellectual property rights of others or violate any of these Terms. You agree to take on responsibility and liability for losses and damages Elitehost or others persons or entities may suffer, as far as the law allows us to pass this responsibility and liability on to you. You will not be able to take action against us if you suffer losses or damages in these circumstances.
  30. Changes and modifications to the Terms, Website and/or Content
    1. We may, at any time, in our sole and absolute discretion, do any of the following without prior notice:
      1. change these Terms;
      2. change or remove Content accessible on the Website;
      3. change or discontinue any aspect of Website or Services accessible on the Website; and/or
      4. change the software and/or hardware required to access and use the Website.
    2. Your continued access or use of the Website, Content and/or Services will be subject to the Terms in force at the time of your access or use. If you do not agree with any updates, amendments or modifications, you must discontinue your use of the Website, Content and/or Services,
  31. Permitted use and prohibited conduct
    1. We hereby authorise you to view, copy, download to a local drive, print and distribute the Content of the Website, or any part thereof, provided that:
      1. such Content is used for information and non-commercial purposes only;
      2. any reproduction of the Content available on or through the Website, or any part thereof, must not infringe our intellectual property rights or the intellectual property rights of third parties, and all copies must include the following copyright notice: © Elitehost. All Rights Reserved; and
      3. your use of the Content is in accordance with these Terms.
    2. You must not, directly or indirectly, do any of the following things:
      1. perform any action that violates these Terms or any guidelines or policies posted by us;
      2. use the Website for hacking, spoofing, cracking, phishing or spamming or any other activity aimed at achieving similar purposes;
      3. perform any action which is illegal, fraudulent or violates or infringes any of our rights or the rights of third parties, including intellectual property rights;
      4. use any technology or other means to access, index, frame or link to the Service (including the Content) in a way that is not expressly authorized by us;
      5. collect or process information in violation of our Privacy Policy; or
      6. interfere with any other person's use and enjoyment of the Service, the Website, or the Content.
    3. Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
    4. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or location of anyone posting any Content in breach of the Terms.
  32. Availability of the Website
    1. While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.
    2. Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
  33. Paragraphs 29.1 and 29.2 have important legal consequences for you. In this paragraph:
    • the legal responsibilities and liabilities of Elithost are excluded or limited; and
    • any rights you have against us are limited or excluded.
    We make no promises that the Website or the Content will always be available or that the Website or Content will be available without interruption. As such, should you suffer losses as a result of the Website or Content being unavailable you will not be able to hold us liable. You will not be able to take action against us if you suffer losses or damages as a result of the Website or Content being unavailable.
  34. Consumer Protection Act No 68 of 2008
    1. If these Terms (or any contract governed by these Terms) or the content provided and/or made available on the Website are regulated by or subject to the Consumer Protection Act No 68 of 2008, as may be amended from time to time (the "Consumer Protection Act"), it is not intended that any provision of these Terms contravene any provision of the Consumer Protection Act. Therefore, all provisions of these Terms must be treated as being qualified, to the extent necessary, to ensure that the provisions of the Consumer Protection Act are complied with.
    2. No provision of these Terms (or any contract governed by these Terms):
      1. does or purports to limit or exempt us from any liability (including, without limitation, for any loss directly or indirectly attributable to our gross negligence or wilful default or that of any other person acting for or controlled by us) to the extent that the law does not allow such a limitation or exemption;
      2. requires you to assume risk or liability for the kind of liability or loss, to the extent that the law does not allow such an assumption of risk or liability; or
      3. limits or excludes any warranties or obligations which are implied into these Terms (or any contract governed by these Terms) by the Consumer Protection Act (to the extent applicable) or which we give under the Consumer Protection Act (to the extent applicable), to the extent that the law does not allow them to be limited or excluded.
  35. User Content (if any)
    1. As far as the law allows, you are solely responsible for the opinions, messages, ideas and other material and Content ("User Content") you post on, upload or email to the Website. In connection with such User Content, you acknowledge that you own or have the necessary licenses, rights, consents, and permissions to use such User Content on the Website, and authorise us to use such User Content to:
      1. enable inclusion and use of the Content in the manner contemplated by the Service, the Website and these Terms; and
      2. copy, disclose, distribute, incorporate and otherwise use such User Content and all data, images, sounds, text and other things embodied therein for research, marketing and all non-commercial purposes.
    2. You are prohibited from posting or transmitting to or from the Website any Content:
      1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
      2. for which you have not obtained all necessary licences and/or approvals; or
      3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or
      4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
    3. We do not pre-screen or approve any Content, but we reserve the right to refuse, delete or move any Content that is or may be available through the Service, for violating these Terms.
    4. You are encouraged to report untrue, inaccurate, defamatory, illegal, infringing and/or harmful Content contained on the Website to us by sending us a notice in writing to the email address specified in paragraph 23, and we undertake to correct and/or remove such Content or any part thereof if you are able to prove the alleged nature of the offending Content on reasonable grounds.
  36. Paragraph 31.1 has important legal consequences for you. In this paragraph:
    • our legal responsibilities are excluded or limited;
    • you take on responsibilities and liability and acknowledge certain facts; and
    • any rights you have against us are limited or excluded.
    You are responsible for the User Content (if any) you post on or upload or email to the Website. If the User Content violates any of the provisions of these Terms, you will be held accountable. You acknowledge that you have the necessary consents and approvals in order to upload any User Content. You must read this paragraph carefully and ensure that it is correct, as you will not be able to deny the truth of this statement. Cape Town Tourism and/or other persons may have claims and other rights against you as a result of this statement.
  37. Access to technology and the Internet
    1. We will not be responsible for your inability to access the Website, Services and Content due to limitations specific to your personal computers, mobile phones, and other similar devices ("Access Device"). To access the Content, you must have an Access Device, which is able to connect to the Internet and to receive Content.
    2. You, at your own cost, are responsible for obtaining and maintaining the Access Device, adequate and reliable internet access, and all information technology and telecommunication facilities, equipment, hardware, software, systems, and the like, ("Technology") needed to access the Internet or to use the Service.
    3. We are not responsible for any Internet access charges, service provider charges and data usage charges. These charges must be paid by you or the owner of the Access Device.
    4. We will not be responsible for your inability to access the Website, Service and Content due to limitations specific to your Access Device.
  38. Paragraphs 32.1 to 32.4 have important legal consequences for you. In these paragraphs:
    • our legal responsibilities are excluded or limited;
    • you take on responsibilities and liability; and
    • any rights you have against us are limited or excluded.
    You are responsible for ensuring that your Access Device has the necessary software and capabilities to access the Content and that you have access to the Technology to use the Website. It is your responsibility to make sure that you pay all Internet and data charges. We will not be responsible or liable for any of these charges, or if you cannot access the Website, Services or Content.
  39. Links to and from other websites
    1. Links to third party websites on the Website are provided solely for your convenience. If you use these links, you leave our Website. We have not reviewed all of these third party websites and do not control; and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found on third party websites, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to the Website, you do so entirely at your own risk.
    2. The Website and content available on or through the Website may contain links to other third party websites, which are completely unrelated to us or our Website. If you link to third party websites, you may be subject to those third party websites' terms and conditions and other policies.
  40. Paragraphs 33.1 and 33.2 have important legal consequences for you. In these paragraphs:
    • our legal responsibilities are excluded or limited;
    • you take on responsibilities and liability; and
    • any rights you have against us are limited or excluded.
    We are not liable if you suffer losses or damages when visiting another third party website by following a link to that website from our Website. You accept that there may be risks when you use such third party websites, and you do so at your own risk.
  41. Severability
    1. These Terms together with the Privacy Policy constitutes the entire agreement between you and us in respect of your access to and use of the Website. Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
    2. In the event that any term or condition of the use of the Website is not fully enforceable or valid for any reason, such term(s) or condition(s) shall be severable from the remaining terms and conditions. The remaining terms and conditions shall not be affected by such unenforceability or invalidity and shall remain enforceable and applicable.
  42. Waiver
    1. Any failure by us to exercise or enforce any right or provision of these Terms shall in no way constitute a waiver of such right or provision.
  43. Applicable and governing law
    1. The Website is hosted, controlled and operated from the Republic of South Africa, and thus South African Law governs the use or inability to use the Website and these Terms.
  44. Contact information / domicilium citandi et executandi
    1. If you have any questions, queries or wish to request permission to use any part of the Website, including, linking, framing, or searching please contact us at:
      2. Street address:Unit 10 Millennium Business Park, 19 Edison Way, Century City, Cape Town, South Africa
      Postal address:PO Box 6208, Tyger Valley, Bellville, 7536
      Contact Information:012 004 4678
      Email Address:management@elitehost.co.za
      Website:https://www.elitehost.co.za/

    45. Thank you for visiting our Website.


Last Updated: 14 August 2023