Unless the context clearly indicates the contrary, any term defined in the General Terms and Conditions when used herein, shall bear the same meaning as defined in the General Terms and Conditions
In these Terms:
1.1 “Database Hosting” means the services contemplated in these Terms, which COME ALIVE renders to Customer in accordance with Customer’s subscribed services whereby COME ALIVE will host Customer’s database;
1.2 “Disk Space” means the disk space allocated to Customer on a monthly basis and used for the purposes of hosting Customer’s website and/or database and stored by COME ALIVE on a storage medium which includes without limitation, the computer hard drive;
1.3 “Server” means the COME ALIVE file server used to supply the Service to Customer, including any software loaded by COME ALIVE on such server that controls basic, low-level server hardware operations and file management without the user thereof having to operate it or application software, but excludes any software, application and/or component as contemplated in clause 3.10 below;
1.4 “the Service” means Shared Webhosting and Database Hosting collectively or either Shared Webhosting or Database Hosting, whichever is applicable;
1.5 “Shared Webhosting” means the services contemplated in these Terms which COME ALIVE renders to Customer in accordance with Customer’s subscribed services or description whereby COME ALIVE will host the Customer’s website.
2. SERVICE FEES
2.1 Customer shall pay COME ALIVE the services fees subscribed to and advertised on our website and in accordance with the provisions set out in the General Terms.
2.2 COME ALIVE shall bill the service fees to the account Customer has with COME ALIVE for the Service.
3. TERMS AND CONDITIONS SPECIFIC TO THE SERVICE
3.1 Customer shall only be entitled to host one website per Shared Webhosting service. However, Customer shall be entitled to host multiple databases per Database Hosting service.
3.2 COME ALIVE shall provide the Customer with the Disk Usage as per subscribed package in order to host Customer’s website and/or database.
3.3 Should Customer reach the allocated Disk Usage allowed, the Customer will not be able to upload any file to their website and/or database or may do so and billed for Disk Usage overages as per the current advertised pricing at the time of usage, package dependent. Customer is therefore advised to upgrade to another Shared Webhosting and/or Database Hosting package to keep costs cost-effective.
3.4 COME ALIVE does not guarantee that the Customer will not be able to upload any file should their allocated Disk Usage be reached. COME ALIVE shall therefore be entitled to charge Customer the additional fees as per current advertised rates for such excess disk usage.
3.5 In the case of Shared Webhosting, the maximum traffic allocation to Customer’s website shall be as advertised on our website. Any traffic in excess thereof will be subject to additional payment by Customer as per our current advertised rates for traffic overages, which are package dependent.
3.6 COME ALIVE undertakes to use reasonable endeavours to ensure that Customer’s Disk Usage is secure to prevent unauthorised access.
3.7 COME ALIVE shall, as part of the Service and if required by Customer, make available on the Service Website log files (which may only limited to traffic usage statistics), relating to Customer’s use of the Service. COME ALIVE does not guarantee that the log files will be up-to-date, correct and/or error free and should there be any discrepancy between the log files and the invoice, the invoice will prevail.
3.8 In the case of Shared Webhosting, Customer acknowledges that COME ALIVE shall only be obliged to keep the website log files relating to Customer’s website for a period of 3 (three) consecutive months calculated from the date of the first billing month and thereafter, COME ALIVE shall only keep a summary of Customer’s website log files for a period of 3 (three) years. It is therefore Customer’s responsibility to query any website log files within a period of 3 (three) consecutive months failing which, Customer will only be provided with a summary of the website log files to clarify and/or respond to any query.
3.9 COME ALIVE will, without being under any obligation to do so, maintain, and/or upgrade the Server, which will include any patches, updates, security updates/patches of whatever nature. Customer herewith authorises COME ALIVE to implement any of the above, as and when it deem fit. Although COME ALIVE will use its reasonable endeavours not to affect the Service or the hosting of any content, application, and/or data of whatever nature COME ALIVE, expressly disclaims any direct, indirect, incidental, special, punitive or consequential losses or damages which arise or may arise out of such maintenance and/or upgrades.
3.10 Customer agrees that any software, application and/or component required and loaded by Customer or loaded on behalf of Customer for the website and/or database will be his own responsibility and is loaded at their sole risk and responsibility. COME ALIVE shall not be liable for any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s installation and/or use of any software, application and/or component on his website and/or database.
3.11 Notwithstanding the provisions of clause 3.10 above, COME ALIVE will be entitled, but without having any obligation to do so:
(i) in its own discretion determine which software, applications and/or components may be loaded by Customer on or for the website and/or the database; and
(ii) have the right to:
(a) disallow the installation of any software, application and/or component required by Customer;
(b) suspend Customer’s website and/or database and/or access to his website and/or database without notice to Customer should Customer install any software, application and/or component which may affect the security or operation of COME ALIVE’s server and network infrastructure; and/or use and/or access to the Service by COME ALIVE’s customer’s. COME ALIVE shall not be liable for any losses, damages, costs, claims, penalties, fines of whatever nature resulting from Customer’s installation and/or use of any software, application and/or component on its website and/or database.
3.12 The licensing of all installed software, application and/or component contemplated in clauses 3.10 and 3.11 shall be the sole responsibility of Customer. Without limiting COME ALIVE’s rights, any failure to license such software and/or applications correctly may result in the termination and/or suspension. COME ALIVE retains the right to carry out routine checks to validate such software license agreements.
3.13 Customer will be solely responsible for all the support, maintenance and/or upgrades of any software, application, and/or component, installed in terms of clause 3.10, which will include any code settings, configurations, modifications, patches, updates and security updates/patches of whatever nature. COME ALIVE shall provide Customer with technical support relating to FTP in the case of Shared Webhosting and database access details consisting of database name, database username and database password in the case of Database Hosting, but in both instances in the form of connectivity checks only.
3.14 The Service does not include the development, maintenance and/or FTP or uploading of the Customer’s website and/or database in any way whatsoever.
3.15 It shall be Customer’s sole responsibility to do back-ups of its content/data hosted in terms of any hosting Service. If the Customer is unable to do it directly due to various hosting solutions or developments, it is the Customers responsibility to instruct COME ALIVE accordingly on their behalf. Such back-up services will be charged for and the Customer is required to enquire, request a quote or instruct COME ALIVE should it be required. COME ALIVE shall not be liable for any loss of content or data, whether uploaded, developed or contracted to build and or develop any platform, system or software including any files, content or data thereof. COME ALIVE is neither liable for claims of damages to the Customer whatsoever under any circumstances as the Customer hosts at their risk.
3.16 COME ALIVE may at its own discretion offer compensation in the form of a refund or discount off future month’s hosting services provided such services are still active and billed. Such refunds/discounts are based on the total downtime (period) experienced by the Customer and may not exceed the monthly hosting fee billed to the customer in lieu of data lost or period the service was interrupted. COME ALIVE may also allow early termination of any affected hosting services in the event of any loss or damage to data / files as a result of hardware or software failures, including but not limited to any datacenter or network related causes. COME ALIVE make use of 3rd party network providers and datacenters and therefore cannot be held liable or responsible whatsoever by the Customer and by utilising the services the Customer hereby agrees to such.