Indemnification Policy

You agree to use all ZeelyHost services and facilities at your own risk. ZeelyHost specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall ZeelyHost be liable for any loss of any kind (including lost profits), or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold ZeelyHost harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against ZeelyHost, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless ZeelyHostagainst liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with ZeelyHost’s server. ZeelyHost reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers.Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer fromZeelyHost’s server. ZeelyHost shall be the sole judge of what violates this Policy.

You exempt and indemnify the registry / registrar from all loss relating to your registration of a domain name (CLAUSE 6)

    • Billing

      At this time we bill monthly, quarterly, semi-annually and annually, depending upon the plan. If you are not satisfied within your first 14 days we would be happy to provide you with a full refund (For some special offers the money-back-guaranteed day will be varied; and Domain Name registration fee and any addons like (Softaculous,cPanel or WHMCS) / SSL Certificates are non-refundable). We accept Visa and Mastercard. For Web Hosting plans we will setup your account without any payment. Clients are encouraged to pay by credit card as it is the easiest way to handle payment at this time. Their are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

      Please note we do not refund full amounts since purchase, if unsatisfied with service we refund you only for that month alone. Only web hosting is refundable. Note: We only refund to Bank Accounts and can refund Payfast transactions and Paypal transactions.

      Please Note: Accounts with Proof of payment are always not guaranteed activation or credit due to us have a large amount of fake proof of payments being sent. Hence billing team will do this with approval from management or until payment reflects. Please ensure you submit proof of payment earlier than due date to ensure your account stays active. We do not apply any refunds prior to 60 days for any service. This is to protect us from customers large payments to us forgetting to cancel their Paypal or EFT scheduled payments. As can be noted we are not a savings account nor bank. Customers need to ensure when they cancel that they cancel their automated payments to us. Each account as a domain set. Please note this in no way can be changed after the first week of existence, please apply for a new package if you require a new domain to be used

      Free Domain Registration for some annual packages applies to the following extensions only: .co.za,.org.za,.web.za,.net.za

      If paying via EFT ensure you pay us a few days before the due date and send proof of payment, so that our billing team can capture payments before due date to resolve any billing issues on your account.

      Domains are auto renewed if credit exists to ensure customers do not loose domains. If you do not want to renew domains please cancel the domains or use the autorenew option. For customers paying via EFT/ Bank Transfer they could incur Cross Border Fees(As we are charged Bank Fees) if paying outside of South Africa. We hence recommend those customers pay via Credit Card/Paypal. Free Domain Renewals will only occur where an active Annual Package is active and paid up. If no Annual Package Payment exists the domain renewal is put on hold until payment is completed

Deposits 

On selected services, you can pay 40% upfront by using a coupon code. The full amount of payment must be paid at the end of the final revision is done.  

 

  • Non Refundable Services:

    • Domains Registered

    • WHMCS Licences

    • Softaculous

    • SSL Certificates

    • cPanel Licensing

    • Customers that sent out RFQs faking government documents from their accounts

    • Spammers/Phishing/Hackers

    Note the above are included in many VPS or Reseller packages hence the cost may be subtracted from the total amount before refund is completed.

  • Credits

    Credits on accounts due incorrect billing by Billing department will be processed immediately. Withdraws for Affiliate Credits or payments can take 21 days. Credits to bank accounts can only be done 21 days from request

  • Amendments

    You agree that ZeelyHost may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the ZeelyHoston a periodic basis on the announcement pages

  • Affiliates

    Affiliates get paid up to 25% on every payment – Note: This can change at any time – Please check announcement page for any updates. Withdraws for Affiliate Credits or payments can take 21 days

    Affiliates must have a South African Bank Account to receive funds as our system does not allow any other method at present.

    Affiliates can only withdraw as per when the withdrawal button becomes available in client area, not before even when cancelling service.

    Affiliates funds cannot be used as credit, withdraw the funds is better option then add credit thereafter is our recommendation

  • Late Payment

    All accounts are billed according to the dates they were first activated on. If you will not pay for service renew 7 days after service due date, your account will be suspended. If you will not pay for service renew in 90 days after the due date, your account will be auto-terminated. You will receive numerous email reminders aswell as an invoice before the due date to remind you of payment,

    ZeelyHost will not be held liable for the loss or suspension of customer services due to non-payment. We recommend customers pay a few days before due date to ensure their accounts or hosting does not get suspended or terminated.

  • Domains

    Domain Purchases are non-refundable. Transfer fees are non-refundable when domain is already transferred If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement. Domain name WHOIS records must be on the OWNER’s details not the RESELLER or ZeelyHostitself. Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area. Domains are ONLY auto renewed with a positive credit balance containing enough funds to renew the domain/s

    After 10 days (ZA) or 29 days(International) of being expired, domains enter the redemption period. At this point, a renewal fee of R3800(.com etc.) and ZACR R300 (co.za,org.za,etc.) for local domains to renew the domain name. ZeelyHostwill request that you to pay this cost until the 30th day past expiration and we will try to renew it(However note paying on the last day is not recommended and is risky), after which the domain will no longer be available and may have to be re-registered when it becomes available.If Invoices are not paid ontime by due date and domain has expired and redemption stage passed the invoice may go into cancelled state as it will now need to be re-registered

    Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than R3200. Prices to domains can change unexpectedly at anytime. We will notify customers within 24 to 48 hours of such a change Kindly note we do not register premium domains(Domains with 3 characters). If for any reason a premium domain is registered there may be a additional cost Should a reseller’s client contact us to renew a domain we will assist only in such a request. Kindly note and ensure all your domains are renewed when and as they should be, usually you have 10 (ZA) or 30(International) days after expiry to pay before a domain goes into redemption stage. Please pay before(early) to ensure all goes through successfully and you do not loose your domains

    We do not assist client’s clients in anyway – it is against policy and unethical to do so. Free Domain Registration for some annual packages applies to the following extensions only: .co.za,.org.za,.web.za,.net.za

    If for any reason your domain is not registered,renewed or transferred correctly, Hostking, its directors, agents or employees WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE for any reason including human error. Hence please check that your domain is registered,renewed or transferred correctly at all times. We will however do our best to assist as best we can in transferring and registration of each and every domain.Should a reseller’s client contact us to transfer a domain we will not assist unless written consent from our client is provided or Form 2 of COZA (Uniforum) is done with attached affidavit

  • Domains / Hosting with the term GOV in it or causing any type oif illegal phishing.

    As spam and phishing increases many spammers are using new techniques. One that has been around for some time is pretending to send out fake RFQs and emails pretending to be part of Government departments or companies requesting services.

    We will investigate and TAG and monitor domains and in no way will we allow such activities to occur using our services. The account will be suspended and funds not refunded as we get blacklisted and have to deal with complaints caused by these activities. We will all stop if we find accounts from being activated with such terms when required to.

  • Domains / Hosting with loans or any lottery

    At times we will require proof of establishment of financial entities to stop cybercrime. You will be required if we deem it necessary to provide this to us.

  • Acceptable Usage Policy:

    Please refer to AUP

  • Dsl Terms Of Service:

    Please refer to DSL TERMS

  • Mobile Terms Of Service:

    Please refer to MOBILE TERMS

  • Marketing:

    Users May choose to opt-out to any of our marketing during registration, Our client area, SMS, Email, etc.
    You agree to allow us to market and provide you with new information of our services via sms, email, whatsapp,etc. unless you opt-out via SMS or any other means.
    We will adhere to the POPI Act of South Africa however if you would like us to remove you kindly contact support or disable it via your client area.

  • Resource Usage:

    Users may not: Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc. Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD. Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers. Run any software that interfaces with an IRC (Internet Relay Chat) network. Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers. Participate in any file-sharing/peer-to-peer activities Run any gaming servers such as counter-strike, half-life, battlefield1942, etc Run cron entries with intervals of less than 15 minutes. Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately. When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“https://yourdomain.com /include.php”) use include(“include.php”) To help reduce usage, do not force html to handle server-side code (like php and shtml). Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

  • Excessive Usage / Websites allowed:

    To ensure service levels within the Shared Hosting platform are stable and reliable, ZeelyHostutilises various methods to protect its customers and associated systems from abuse which includes, but is not limited to, the following:

    Excessive SQL Databases: Services with SQL databases larger than 4GB individually, or if a database is deemed to be negatively affecting the shared hosting platform (i.e. if the database uses 200% more resources than our average database, or exceeds a reasonable RAM allocation). Excessive inode count: Services with an inode count in excess of 200 000 may result in adverse effect on server performance and is may be deemed abuse at Hostking’s discretion. You will need to upgrade to a VPS Server if necessary. Excessive domain, email and FTP services: ZeelyHostdoes not set specified limits to the domain, email and FTP services, but at it’s sole discretion may suspend or deactivate a service should it adversely be impacting the performance of the Shared Hosting environment. Excessive bandwidth and diskio usage. No Gambling sites, Lottery sites, Pornography sites, Bitcoin, Music, Movies or excessive streaming allowed as this is for web hosting,vps hosting and web services alone and to have fair usage and environment for all clients. We note any traffic usage above 300GB as excessive per month but only if it affects other customers by causing high diskio or network usage is used excessively.

  • Zero Tolerence Phishing Policy

    Any account found to be hosting a phishing page will be suspended and/or terminated with or without notice at our discretion. Phishing is defined as any site that masquerades as another trustworthy site in attempts to acquire sensitive information such as usernames, passwords, credit card information, banking information, pin numbers, or any other personal information.

    Phishing pages result in stolen identities, stolen banking information, stolen credit card information, and fraud that can cause the victims of these pages weeks, months, years, or even a lifetime of problems. Due to the serious issues that phishing pages cause, phishing is not something that is taken lightly. In the event that your account is suspended for phishing there is a very good chance that your account will not be re-enabled.

    Any account suspended or terminated due to a phishing policy violation will be ineligible for refund. We may invoice you an hourly fee of R750 per hour rounded up to the nearest hour for all time spent investigating any report that results in account suspension or termination.

  • Spamming

    Why has my Account or Server been suspended?

    As part of our agreements with you, you agree to accept the bounce back limit and to not send spam. If we suspect that you have violated our agreements with you, we will suspend your account. Whenever possible we attempt to notify you prior to suspending your account.We give a 3 strike policy we will assist in stopping the spam for you which will continue to monitor. If we find the spam to continue more than 3 times we have no choice but to suspend your server/service indefinitely to protect our other users. Below are more reasons why your account may be suspended. To resolve an issue, please contact support@hostking.co.za. Unverified Email Addresses — We might suspend your account if your email contacts has too many unverified email addresses. If we receive bounce back emails from these addresses, we suspect the addresses have been used for spamming. Spam Complaints — We might suspend your account because we received too many spam complaints. This means than an unacceptable number of recipients of your email campaign have actively flagged the message as spam and indicated that they either did not ask to receive the messages, or that they do not know who you (the sender) is. Remember that we define spam as any message sent without the recipient’s prior consent to receive the message(s). A fine of R400 will be applied if serious bounce backs and spam is suspected and found. We then provide one last warning. No Refunds will be given to customers found spamming even within 30 day policy.

  • Anti-spam / Anti-virus

    We use clamd antivirus and spamassassin to SCAN all emails. Note no service provider is full proof hence we alway recommend your local PCs antivirus be updated and on at all times.

    Antivirus recommendations: Avast or AVG

  • Troubleshooting / Support

    We try and assist every customer new or existing with support.

    We can never guarantee we can solve your website issues. Though we will surely try and resolve the issues if we canYou agree that we will not be held liable due to human error causing financial loss or issue of any sort. We will try and assist where we can as best we can but it is the clients responsibility to ensure all works as requested and inform us if there are any issues.

    If you migrate your website or application to us please note we can never guarantee it will work on our servers as other web hosts have custom setups. Some hosts use third party applications we may not support aswell as their setups may differ from our own servers.VPS Clients on unmanaged servers please be aware we assist with installation of OS, Firewall and SQL Server installs and are no way responsible for troubleshooting your applications, websites or databases. Optimization and speed we may try and assist with but ultimately please note you are responsible in resolving any performance related issues unless proven to be NODE or Host server related.

    ZeelyHostis in no way responsible in setting up or installing third party applications on Unmanaged VPS servers. Kindly ensure all your issues are resolved or brought to our attention via emails, chats or tickets as history and any pending requests are kept for no more than 3 months. This excludes transactions, invoices or credit history. At times we require a swift reponse from clients on issues/reports/complaints hence if we receive no response within 24 hours on any urgent matter that may cause major downtime,blacklisting,etc. we will go ahead with what we believe to be the best solution.

    ZeelyHostSupport will not install any software or applications or change settings on other hosts servers even if clients request it. This is to protect us from the other host with respect to legal issues if found or our customers customer that may involve us in legal issues. Hence unfortunately we cannot do this. ZeelyHosthosts servers in Hetzner’s data center hence you will be required to upload data via FTP or SSH no matter the size.ZeelyHostcannot assist in setting up servers with any other host or ISP. This is your sole responsibility to request support from that host or ISP. It also against our internal policy as we need to focus on our customers at all times.

  • Bulk Email

    Why has my Account been suspended?

    Bulk Emailing excessively from your account that causes shared web hosting servers to become unresponsive or slower than normal due to large amounts of account spamming via a reseller account or shared hosting account is also seen as spamming or abuse on the network and will be suspended immediately.

    Please refer to BULK EMAILING POLICY

  • Deleting or Closure of Accounnts

    Due to financial, transactions and VAT data being kept and must be kept for atleast 5 years we do not delete customer accounts. We can however close accounts completely leaving them basically inactive.

    Another reason is some hackers or spammers may signup up and spam badly and then request we delete their accounts. So when we receive a warrant from law enforcement for their information they have no record. This is another valid reason we do not delete accountns

  • Limitation Of Liability:

    ZeelyHostshall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from ZeelyHostservers going off-line or being unavailable for any reason whatsoever. Furthermore, ZeelyHostshall not be responsible for any claimed damages of any kind (including lost profits), including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of ZeelyHostservers. All damages shall be limited to the immediate termination of service.

  • Disclaimer:

    ZeelyHostcannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by ZeelyHostare resold. Thus, certain equipment, routing, software, and programming used by ZeelyHostare not directly owned or written by HostKing. Moreover, ZeelyHostholds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as ZeelyHostsees fit. FURTHERMORE, ZeelyHostretains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.

     

  • Website Transfers:

    END USERS: We assist with transferring your websites if under 5 websites on cpanel infrastructure(Note this is done via queue system so we do it as we can hence may be delay in transfers)

    GENERAL: ZeelyHostcan assist in transferring accounts from source server to new server or from reseller plans to vps servers but clients should confirm that all is transferred correctly and check. In no way can ZeelyHostSupport team be responsible if customers did not check that all was done as requested.

     

  • Loss Or Corruption Of Data:

    You acknowledge and agree that ZeelyHostis not and shall not be responsible or liable for any loss of any kind (including lost profits) or corruption of data that you may experience on the Services or otherwise, nor are we required to return to you any data that you have stored on the Services. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of your web pages or the ZeelyHostsite, network, system, or server “crashes” or outages, or other power outages, damage caused by viruses, worms, or security breaches, file corruption, and any other cause. We recommend that you to maintain backup versions of your web pages and related information to help protect yourself against such losses. We however do server backups daily and account weekly backups and have and will continue to do our utmost to protect all our clients even free hosting client’s data to the fullest extent with all our backup software and servers.