Terms & Conditions

1. Introduction

These Terms & Conditions ("Terms") govern the purchase and use of services provided by PalmHost ("PalmHost", "we", "our" or "us").

By creating a PalmHost account, placing an order, purchasing a service or otherwise entering into an agreement with PalmHost, you ("Customer", "you" or "your") agree to these Terms together with any applicable service-specific terms, quotation, order details, policies or other documents expressly incorporated into your agreement with PalmHost.

These Terms apply to PalmHost services including web hosting, business email, domain registration and transfer, website design and development, website support and related services.

If a specific written service agreement or quotation contains terms that are specific to a particular service, those specific terms will apply to that service to the extent that they are consistent with these Terms.

These Terms are intended to be read together with the PalmHost Privacy Policy, Refund Policy and Fair Usage Policy.

2. Business Information

PalmHost is a South African digital services and hosting business operating in KwaZulu-Natal, South Africa.

Contact information for PalmHost is provided on the PalmHost website and through the official customer and support channels.

All formal notices, cancellation requests and service-related communications should be sent through the appropriate PalmHost support or customer-account channel unless otherwise specified.

3. Definitions

"Agreement" means these Terms together with any applicable quotation, order, service-specific terms, policies or other written agreement between PalmHost and the Customer.

"Customer" means the individual or legal entity purchasing or using a PalmHost service.

"Services" means the services purchased from PalmHost, including web hosting, business email, domain services, website design and development, website support and related services.

"Fees" means the amounts payable for Services as displayed on the PalmHost website, customer account, invoice, quotation or other written agreement.

"Customer Content" means information, text, images, files, website content, email content, databases, code and other material supplied, uploaded or stored by the Customer through the Services.

"Service Term" means the period for which a particular Service is purchased, as stated on the applicable order, invoice, quotation or service agreement.

4. Eligibility and Account Registration

PalmHost Services are intended for customers aged 18 or older.

If you are under 18, you may only use or purchase PalmHost Services where the account and agreement are entered into or authorised by a parent or legal guardian who accepts responsibility for the account and applicable Terms.

You agree to provide accurate, current and complete information when creating or maintaining your PalmHost account.

You are responsible for keeping your account information accurate and for notifying PalmHost of material changes.

PalmHost may request reasonable information to verify identity, account ownership or eligibility where necessary for security, fraud prevention, domain registration or service administration.

5. Orders and Service Commencement

Placing an order constitutes a request to purchase the selected Service. An order does not necessarily create an obligation on PalmHost to provide the Service until the order has been accepted and any applicable conditions have been satisfied.

PalmHost may decline an order where reasonably necessary, including where:

• The requested Service cannot technically be provided;
• Information supplied by the Customer cannot be verified;
• The order presents a reasonable security or fraud concern;
• The requested domain is unavailable or cannot legally be registered;
• The Customer has outstanding amounts owed to PalmHost; or
• Providing the Service would conflict with applicable law or these Terms.

Services generally commence once the order has been accepted, required payment has been received or approved, and PalmHost has completed the necessary provisioning.

Some Services may have additional commencement requirements set out in the applicable quotation or service agreement.

6. PalmHost Services

6.1 Web Hosting

PalmHost provides web hosting services for websites and associated applications, databases and email services where included with the applicable hosting package.

Hosting resources are provided according to the allowances and specifications of the selected package.

Hosting is intended primarily for operating websites and related online services. Customers must not use hosting accounts as general-purpose file storage, backup repositories or media archives where this materially interferes with the intended operation of the hosting environment.

PalmHost may take reasonable action where a website or account consumes resources in a manner that negatively affects the server, other customers or the stability of the hosting environment. Such action may include contacting the Customer, limiting a resource, temporarily suspending a service or requiring the Customer to move to a more appropriate service.

Specific resource restrictions and acceptable-use requirements may be set out in the Fair Usage Policy.

6.2 Business Email

Business Email services provide email mailboxes and related email functionality according to the selected package.

Customers are responsible for using email services lawfully and responsibly.

Bulk unsolicited email, spam, malicious messages, phishing, fraudulent communications and other abusive email activity are prohibited.

PalmHost may apply reasonable sending, storage, security or abuse-prevention controls where necessary to protect the email service, its infrastructure, recipients and other customers.

PalmHost does not guarantee that every email will reach its intended recipient or that messages will never be filtered, rejected, delayed or classified as spam by third-party systems.

6.3 Domain Registration and Transfers

PalmHost provides domain registration and transfer services as a reseller and service provider.

Domain registrations and transfers are subject to the rules, policies and requirements of the applicable domain registry and registrar.

The availability of a domain does not guarantee that a registration will ultimately be completed if the registry, registrar or relevant authority rejects the registration or transfer.

Customers are responsible for providing accurate domain registration information and responding to verification or administrative requests where required.

Domain registration fees are separate from hosting fees unless a specific promotion or package states otherwise.

Where an eligible annual Web Hosting package includes a free domain promotion, the free domain applies to the initial registration for the first year of the qualifying annual hosting service only.

A free domain is a once-off promotional benefit and does not mean that the domain will remain free when it is renewed or when the annual hosting service is renewed for a subsequent year. Any subsequent domain renewal is charged at the applicable renewal price at the time of renewal.

Eligibility for a free domain may depend on the hosting package, domain extension and promotional terms applicable at the time of purchase.

A domain registered on behalf of a Customer remains subject to the applicable registry rules and the Customer's rights in that domain, subject to payment of applicable fees and compliance with the relevant domain policies.

6.4 Website Design and Development

PalmHost provides website design, development and related services according to the individual quotation or service agreement agreed with the Customer.

The applicable quotation or service agreement may specify:

• Scope of work;
• Design and development deliverables;
• Project milestones;
• Deposit and payment requirements;
• Customer responsibilities;
• Content and image requirements;
• Revisions;
• Launch requirements;
• Ownership and licensing;
• Source files or project files; and
• Ongoing support or maintenance arrangements.

Where the quotation or service agreement contains specific provisions concerning ownership or licensing, those provisions will govern the relevant project.

PalmHost is not required to begin work on a project until any required deposit or other commencement requirements have been met.

Delays caused by missing Customer information, content, approvals, access credentials or other Customer dependencies may affect the project timeline.

6.5 Website Support and Maintenance

Website support and maintenance services are provided according to the selected service or individual agreement.

Unless specifically included, general website support does not automatically include unrelated local IT support, personal-device configuration or third-party software support.

Where additional work falls outside the agreed scope, PalmHost may quote for the additional work before proceeding.

7. Promotional Pricing and New-Acquisition Discounts

PalmHost may offer promotional pricing to new customers or for qualifying Services from time to time.

Where PalmHost advertises a 50% new-acquisition discount, that discount applies only to the qualifying new customer purchase and for the period or Service specifically stated in the applicable promotion.

A new-acquisition discount does not automatically continue when the Service renews. Unless the applicable promotion expressly states otherwise, subsequent renewals are charged at the standard price then applicable to the Service.

Promotional offers may be subject to eligibility requirements and may not be combined with other promotions unless expressly stated.

PalmHost may withdraw or amend promotional offers before an order is completed, subject to any rights that apply once a qualifying transaction has been concluded.

8. Customer Responsibilities and Acceptable Use

You agree to use the Services lawfully and responsibly.

You must not use PalmHost Services to:

• Host or distribute unlawful content;
• Infringe copyright, trademarks or other intellectual-property rights;
• Distribute malware, malicious code or harmful software;
• Conduct phishing, fraud or other deceptive activity;
• Attempt unauthorised access to systems or accounts;
• Attack, disrupt or interfere with PalmHost infrastructure or third-party systems;
• Send unsolicited bulk email or spam;
• Operate services that materially interfere with other customers or the hosting environment; or
• Otherwise violate applicable South African law or the laws applicable to the relevant activity.

You are responsible for the content and activity associated with your account.

You must take reasonable steps to protect account credentials and access information and must notify PalmHost if you believe an account has been compromised.

9. Fair Usage

All PalmHost Services are subject to the PalmHost Fair Usage Policy.

The Fair Usage Policy exists to protect the reliability, security and fair use of shared services.

PalmHost may take reasonable action where use of a Service materially affects infrastructure, other customers or the operation of the Service.

Where practical and appropriate, PalmHost may first contact the Customer and provide an opportunity to resolve the issue. Immediate action may be taken where necessary to protect systems, customers or third parties from security threats, abuse or serious service disruption.

10. Fees and Payments

Fees are payable according to the billing cycle, invoice, order or quotation applicable to the Service.

Hosting and other recurring Services are generally billed in advance.

PalmHost accepts the payment methods made available through the customer portal or otherwise communicated to the Customer. These may include electronic payment methods and EFT.

For EFT payments, the Customer is responsible for using the correct payment reference and providing sufficient information for PalmHost to identify and reconcile the payment.

A Service does not become paid merely because a Customer has initiated a payment. PalmHost may require confirmation or reconciliation of the payment before treating an invoice as paid.

The Customer remains responsible for ensuring that invoices are paid by their due dates.

11. Overdue Accounts, Suspension and Termination

If an invoice remains unpaid after its due date, PalmHost may issue reminders or other payment notices.

An account may be suspended when an invoice remains unpaid for7 days after its due date.

Suspension may result in websites, email, hosting, domains or other Services becoming unavailable until the outstanding amounts and any applicable requirements have been resolved.

If an account remains unpaid or otherwise unresolved for60 days, PalmHost may terminate the affected Services and delete associated hosting data.

Where Services or data are scheduled for deletion, PalmHost may provide appropriate notice where reasonably practical.

Customers are responsible for maintaining their own independent copies of important website, email and other data.

Termination or deletion does not remove the Customer's obligation to pay amounts already due, subject to any rights the Customer may have under applicable law.

Nothing in this section limits any cancellation, notice or other rights that may apply under the Consumer Protection Act or other applicable law.

12. Customer Data and Backups

Customers remain responsible for maintaining independent backups of important website, email and other data.

PalmHost may maintain system or operational backups as part of its infrastructure and service-management processes. These backups are not a substitute for the Customer maintaining their own copies of important information.

Backup availability, retention and restoration may vary according to the Service and circumstances.

PalmHost does not guarantee that every file, email, database or other item can always be restored from a backup.

13. Security

PalmHost takes reasonable measures to protect its infrastructure and Services against unauthorised access, abuse and other security threats.

Customers are responsible for maintaining secure passwords, access credentials, website software and devices under their control.

Customers using third-party software such as WordPress are responsible for keeping that software, themes and plugins appropriately maintained and secured unless such maintenance is specifically included in a PalmHost service.

No Internet-connected system can be guaranteed to be completely secure.

14. Third-Party Services

PalmHost may rely on third-party providers, registrars, infrastructure providers, payment processors, software providers and other external services to deliver or support certain Services.

Third-party services may have their own terms, policies, availability and technical requirements.

PalmHost is not responsible for independent changes, outages or failures of third-party services that are outside PalmHost's reasonable control, although PalmHost will take reasonable steps to assist where appropriate.

15. Intellectual Property

PalmHost retains ownership of its own intellectual property, systems, infrastructure configurations, software, documentation, branding, templates, processes and other materials that are not specifically transferred or licensed to the Customer.

Customers retain ownership of their own content and materials, subject to any rights granted to PalmHost or third parties for the purpose of providing the Services.

Website design and development ownership and licensing are governed by the applicable quotation or service agreement for that project.

Customers must not reverse engineer, interfere with or attempt to gain unauthorised access to PalmHost's systems, infrastructure or proprietary software.

16. Service Availability and Limitations

PalmHost will make reasonable efforts to provide Services reliably and to respond to service issues appropriately.

However, PalmHost does not guarantee uninterrupted or error-free operation of every Service.

Services may be affected by maintenance, hardware or software failures, network problems, upstream providers, third-party services, security incidents, Internet conditions or other circumstances outside PalmHost's reasonable control.

Nothing in these Terms removes any rights the Customer may have under applicable consumer-protection or other legislation.

17. Limitation of Liability

To the maximum extent permitted by applicable law, PalmHost will not be liable for losses that are not reasonably foreseeable or that arise from circumstances outside PalmHost's reasonable control.

This may include losses resulting from:

• Third-party service failures;
• Internet or network failures;
• Customer configuration or software;
• Malware or security incidents;
• Customer credential compromise;
• Domain registry decisions or failures;
• Customer-provided content;
• Loss of data where the Customer has failed to maintain appropriate independent backups; or
• Force majeure events.

Nothing in these Terms excludes or limits liability where such exclusion or limitation is prohibited by applicable law.

Where liability may lawfully be limited, the extent of that limitation will be determined in accordance with applicable law and the circumstances of the claim.

18. Indemnification

To the extent permitted by applicable law, you agree to be responsible for claims, losses or reasonable costs arising from your unlawful use of the Services, infringement of third-party rights, or material breach of these Terms.

This provision does not require you to indemnify PalmHost for loss caused by PalmHost's own unlawful conduct or where such an obligation would otherwise be prohibited by law.

19. Force Majeure

PalmHost will not be responsible for delay or failure to perform an obligation where the delay or failure results from circumstances beyond its reasonable control.

Such circumstances may include natural disasters, fire, power failures, network failures, upstream provider failures, government action, civil unrest, labour disruptions, major Internet infrastructure failures, cyberattacks or other events that could not reasonably have been prevented or controlled by PalmHost.

PalmHost will take reasonable steps to restore affected Services when circumstances permit.

20. Dispute Resolution

If you have a complaint or dispute concerning a Service, you should first contact PalmHost through the appropriate support channel so that the matter can be investigated and resolved where possible.

Both parties should make reasonable efforts to resolve disputes informally before commencing formal proceedings, where appropriate.

Nothing in this section prevents a consumer from exercising any statutory right to lodge a complaint with an appropriate regulatory authority, consumer body or court.

21. Consumer Protection

Where the Consumer Protection Act 68 of 2008 ("CPA") applies to an agreement or transaction, nothing in these Terms is intended to exclude or limit rights provided to the Customer under the CPA.

PalmHost will comply with applicable consumer-protection requirements, including applicable requirements concerning consumer information, fair contract terms, cancellation, service quality and remedies.

Where a provision of these Terms conflicts with a mandatory provision of applicable law, the mandatory legal provision will prevail.

22. Electronic Communications and Transactions

PalmHost may communicate with Customers electronically, including by email, customer portal notifications, invoices and other electronic messages.

Electronic records and communications may be used to document orders, agreements, payments, service changes, notices and other transactions.

Where a contract is formed electronically, the relevant terms will be made available in a manner that allows the Customer to review them before completing the transaction, where required by applicable law.

The Customer is responsible for providing a current and functioning email address and for checking communications relating to their account and Services.

23. Privacy and Personal Information

PalmHost processes personal information in accordance with its Privacy Policy and applicable South African data-protection law.

The Privacy Policy explains how PalmHost collects, uses, protects and shares personal information.

By purchasing or using PalmHost Services, you acknowledge that personal information may need to be processed and shared with relevant service providers, registrars, payment providers and other parties where reasonably necessary to provide the Services or comply with applicable law.

24. Changes to these Terms

PalmHost may update these Terms from time to time to reflect changes to Services, business practices, technology or legal requirements.

The latest version will be published on the PalmHost website.

Where changes are material, PalmHost may provide additional notice where reasonably appropriate.

Changes will not remove rights that cannot lawfully be excluded or retrospectively alter obligations that have already been performed.

25. General Provisions

25.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue to apply to the extent permitted by law.

25.2 No Waiver

A failure by PalmHost to enforce a provision of these Terms on one occasion does not constitute a waiver of the right to enforce that provision later.

25.3 Assignment

You may not transfer or assign your rights or obligations under these Terms without PalmHost's prior written consent, except where applicable law provides otherwise.

PalmHost may transfer or assign its rights and obligations where reasonably necessary as part of a business restructuring, sale or transfer of the relevant Service, subject to applicable law.

25.4 Notices

Formal notices may be provided by email, through the PalmHost customer portal or through another appropriate electronic communication method.

25.5 Entire Agreement

These Terms, together with the applicable order, quotation, service agreement and incorporated policies, form the agreement between PalmHost and the Customer concerning the relevant Services.

They replace previous general terms relating to the same Services, except where a specific written agreement expressly states otherwise.

26. Governing Law

These Terms are governed by the laws of the Republic of South Africa.

Subject to applicable consumer-protection legislation and the jurisdiction of any competent regulatory or dispute-resolution body, disputes concerning these Terms may be dealt with by the competent courts of KwaZulu-Natal, South Africa.