3. How the Agreement Works
4. Service Orders
5. Term of Agreement and Renewal
6. Amendment of Terms
8. Fees and Payment
9. Use of Services
10. Email accounts
11. Intellectual Property
13. Suspension of Service
14. Data & Content
15. Statutory Compliance
16. Loss of License
17. Risk and Ownership in Equipment
18. Use and Maintenance of Equipment
19. Limitation of Liability
22. Assignment, Subcontracting and Reselling
23. Relationship between the Parties
24. No Solicitation
25. Application of the Consumer Protection Act
26. Breach and Termination
29. Force Majeure
32. Domain Registration, Renewal, Redemption, Deletion & Domain Parking
33. Registrant Education and Domain Name Registrants Rights.
1.1. "Aurora Digital" is Aurora Digital (Pty) Ltd also known as www.auroradigital.co.za, a company incorporated in terms of the company laws of the Republic of South Africa.
6 Lemonwood Street,
1.2. "The Customer” or "You" is the party described as such on any Service Order executed between you and Aurora Digital with contact details as entered on the Service Order.
The terms listed below will have the following meanings in this Agreement:
2.1. "Acceptable Use Policy" or AUP means the document with that heading available on the Aurora Digital Website, as amended from time to time.
2.2. “Agreement" means these Standard Terms, as well as the relevant Service Order(s), Service Terms and any schedules or annexures relating to them or to this document, which all form part of the Agreement.
2.3. “Affiliate” means, in relation to a Party, the Party’s holding company, its subsidiaries, the subsidiaries of its holding company and any other companies which, directly or indirectly, is controlled by the Party, controls the Party or is under common control with the Party.
2.4. “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
2.5. “Business Hour" means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
2.6. “Charges” means the rates to be paid by the Customer for the Services
2.7. “Customer” is defined in section 1.2.
2.8. "Customer Data" means information collected for the purpose of identifying customers as well as photographs, websites, videos, data and e-mail messages that are transmitted via the Aurora Digital System.
2.9. "Customer Equipment" means any equipment owned by the Customer, including without limitation servers, peripherals, routers, switches, Software, Databases, data cables, hard drives and uninterruptible power supplies.
2.10. "Customer System" means the Customer Equipment and Software operated together by the Customer as a system.
2.11. “Customer Support Ticket Area” means the online account administration facility provided to Customers at the Aurora Digital Website.
2.12. “CPA” means the Consumer Protection Act, 68 of 2008.
2.13. "Data" means electronic representations of information in any form.
2.14. “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
2.15. “Aurora Digital Equipment” means any equipment supplied to the Customer by Aurora Digital in terms of this Agreement but which the Customer does not own, or any equipment possessed by Aurora Digital.
2.16. "Aurora Digital Premises" means any premises where equipment used by Aurora Digital to provide the Services is located, and which is not owned or occupied by the Customer and includes reference to data center’s both in South Africa and elsewhere.
2.17. "Aurora Digital System" means equipment operated together as a system by Aurora Digital to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
2.18. “Aurora Digital Website” means the Internet website published at the URL www.auroradigital.co.za or another URL that Aurora Digital notifies the Customer of from time to time.
2.19. "Domain" means an Internet subdomain registered with an authorized registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
2.20. "Emergency Maintenance" means maintenance to the Aurora Digital System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Services, or substantial loss to Aurora Digital, the Customer or any third party.
2.21. “Fees” means the fees and / or charges due to Aurora Digital by the Customer in respect of Goods or Services provided by Aurora Digital to the Customer in terms of this Agreement.
2.22. “Goods” means any and all goods to be provided by Aurora Digital to the Customer in terms of this Agreement, including without limitation equipment, hardware and third-party software.
2.23. “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
2.24. “Hosting Service” means the type of hosting service selected by the Customer as described in the Schedule and the Service Order.
2.25. “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
2.26. “Malicious Code” means anything that contains any computer software routine or code intended to:
2.26.1. allow unauthorized access or use of a computer system by any party, or
2.26.2. disable, damage, erase, disrupt or impair the normal operation of a computer system, includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
2.27. “Party” means either of Aurora Digital or the Customer and “Parties” means both of them collectively. The term also includes their successors and anyone to whom their rights have been assigned (if this is permitted).
2.28. "Personnel" means any director, employee, agent, consultant, contractor or other representative of a Party.
2.29. “Personal Information” has the meaning set out in POPI.
2.30. “POPI” means the Protection of Personal Information Act, 4 of 2013.
2.32. “Provider” means Aurora Digital or auroradigital.co.za.
2.33. “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act, 70 of 2003.
2.34. "Service" means a service provided by Aurora Digital to the Customer in terms of this Agreement.
2.35. "Service Level Availability" means a Service Schedule with that heading defining levels of service to be met by Aurora Digital under the Agreement.
2.36. “SLA Ticket” means the reporting of a service outage or complaint regarding a Service or the Service Level Availability either via the service provider’s online portal.
2.37. “Service Order / Order” means a goods, license, services and / or work order agreed to in writing or by subscription on website (which includes reference to email or via the Aurora Digital Website) by both the Parties in terms of this Agreement and relevant Service Terms listing the specific Goods or Services to be provided by Aurora Digital to the particular Customer.
2.38. "Service Terms" means a schedule describing the terms on which Aurora Digital will provide a particular Good or Service, as amended from time to time, read with the General terms, such as the Hosting terms, Domains, Connectivity, AUP.
2.39. "Standard Terms" or “Aurora Digital Standard Terms” means this document.
2.40. "Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
2.41. “Supplier” means a supplier of goods and / or services to Aurora Digital.
2.42. “Time and Materials Rate” means Aurora Digital's standard time and materials fees and charges applicable from time to time, including all expenses reasonably and actually incurred by Aurora Digital, including for travel, accommodation and subsistence.
3.1. The Goods and Services that Aurora Digital will provide to the Customer will be described in Service Orders and specific Service Term(s) schedules.
3.2. These Standard Terms apply to all Service Orders.
3.3. More details of particular Goods or Services may be contained in Service Term(s) Schedules.
3.4. The Service Order(s), Service Terms, and this document together form the Agreement between Aurora Digital and the Customer. If the Parties enter into a Service Level Availability or agree to an annexure to any of these documents, these will also form part of the Agreement.
3.5. If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: Standard Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Availability, unless otherwise expressly stated in writing.
3.6. The meanings of any capitalised words in this document are found under the Glossary at the end of this document.
4.1. Aurora Digital will provide the Services to the Customer as described in Service Orders in terms of the Agreement.
4.2. A Service Order may be signed in hard copy (in counterparts or not), entered into via the Aurora Digital Website, per email or by another method if confirmed by Aurora Digital.
4.3. Each Service Order (read with the other documents mentioned above) will be a separate contract between the Customer and Aurora Digital (unless the Service Order is amended or renewed by another Service Order).
4.4. The terms of one Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing Service Order.
5.1. The Agreement will be in force from the date on which the Customer signs or indicates acceptance of a Service Order in some other way and will continue in force for the period stated on the Service Order, where after it will automatically renew for further periods equal to the initial period until terminated as described in clause 5.3. If the Service Order does not specify a time period, the Agreement will operate on a month-to-month basis.
5.2. Where the commencement of a Service is delayed, the termination date of the Agreement will be calculated from the date that the Service commenced.
5.3. Unless otherwise stated in the Service Order, either Party may terminate the Agreement on 1 (one) calendar months’ notice in writing to the other. Cancellations by the Customer must be confirmed by Aurora Digital to have effect.
6.1. Aurora Digital may amend the Standard Terms and Service Terms at any time. The amended versions will be posted on the Aurora Digital Website, and Aurora Digital will as soon as possible after posting the amendments make reasonable efforts to advise the Customer of them by email and via the Customer Support Ticket Area.
6.2. Aurora Digital must give at least 14 days or immediate notice under extreme conditions written notice of the amendments.
6.2.1. In the case of a fixed-term Agreement (which includes services renewed monthly), the amendments will become effective at the end of the then current contractual period.
6.2.2. In the case of an indefinite period, the amendments will become effective at the beginning of the first calendar month after the notice period has expired, and the Customer may terminate the Agreement before the end of the notice period if it objects to the amendments. The termination will take effect at the end of the notice period.
6.3. If Aurora Digital increases its Fees, notice of the change must take place as described in clause 6.2
7.1. THE CUSTOMER CONSENTS TO AURORA DIGITAL CARRYING OUT A CREDIT CHECK ON THE CUSTOMER AT ANY APPLICABLE CREDIT BUREAU IF REQUIRED, AND MAY MAKE THE PROVISION OF THE GOODS OR SERVICES DEPENDANT ON ITS SATISFACTION WITH THE RESULTS. AURORA DIGITAL MAY ALSO PROVIDE INFORMATION ON THE CUSTOMER’S PAYMENT RECORD TO A CREDIT BUREAU.
7.2. If the Customer is a juristic person, Aurora Digital may require one or more of its officers to stand surety for the Customer’s obligations under this Agreement. Even if the Agreement has commenced, Aurora Digital may withhold providing the Services until the surety has been signed.
7.3. Depending upon the Service provided to the Customer, Aurora Digital may be obliged under RICA to obtain certain information from the Customer, and Aurora Digital may withhold or suspend provision of Services until the Customer has provided the necessary information to Aurora Digital.
7.4. If the Customer has not complied with a requirement of this clause 7, Aurora Digital may delay providing the Services until the Customer has complied. If the Customer does not comply within a reasonable period, Aurora Digital may terminate this Agreement and will not be liable for any damage that the Customer may suffer as a result.
8.1. The Customer will be liable for and will pay the Fees in respect of Services supplied in terms of this Agreement on the basis set out in the Service Orders, without deduction or set-off.
8.2. Aurora Digital may at its sole instance require the Customer to make payment by way of debit order.
8.3. Unless otherwise agreed:
8.3.1. Billing will commence on the date that Service provision commences.
8.3.2. Partial months (if applicable) will be charged pro rata, and this Fee may be included in the following month’s charge for convenience’ sake.
8.3.3. All other invoices must be paid by the Customer within ten (10) calendar days of the date of Aurora Digital’s invoice.
8.3.4. Pre-paid Fees must be paid by the 7th day of the relevant month.
8.3.5. All Fees and other amounts payable are quoted exclusive of VAT.
8.3.6. All transactions are processed in South African Rands (ZAR) unless otherwise agreed upon in writing from the Accounts department or Management.
8.3.7. Should the Customer elect to pay via Cash or Cheque payments, services shall only be activated once the proof of payment has been emailed through to the Provider and said amounts are cleared by the bank. The Provider is not responsible for domains being lost, or taken by a third party during the transition period between the registration and the receipt & clearing of the payment for said domains.
8.3.8. All cash / ATM and / Teller deposits will be subject to the bank fees as set out by the bank.
8.4. Interest will be charged on any amount that remains unpaid by the Customer beyond the due date of payment:
8.4.1. The interest rate will be 2% (two percent) above the prime rate (percent, per annum), up to a maximum of 2% per month.
8.4.2 The prime rate as announced by the South Africa reserve bank governor will apply.
8.4.3. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Customer agrees and undertakes to pay the interest.
8.5. Aurora Digital may at its sole discretion suspend the provision of Services in respect of which any amount is outstanding:
8.5.1. immediately where a debit order fails due to incorrect information or insufficient funds (with a delay in reconnection of up to 72 hours in the case of multiple bounces), or
8.5.2. on 5 (five) Business Days written notice to the Customer in any other case,
8.5.3 unless the amount is the subject of a legitimate billing complaint by the Customer. Such suspension will not relieve the duty upon the Customer to make payment of subsequent Fees for that service or any other amounts due to Aurora Digital.
8.6. Reconnection of any Service suspended in terms of clause 8.4 will be subject to a reasonable reconnection fee which will be published on the Aurora Digital Website from time to time.
8.7. Termination of any annual or bi-annual account before its pre-paid term ends will be subject to a reasonable administration fee which will be published on the Aurora Digital Website from time to time.
8.8. Should any amount be outstanding by more than 60 Business Days, Aurora Digital may refer the matter to a debt collection agency or attorney for collection. Should it do so, the Customer will be liable for a reasonable administration fee which will be published on the Aurora Digital Website from time to time, as well as any legal costs arising from collection of the debt.
8.9. If a particular Service is provided by calendar month, and the commencement date for that Service is not the beginning of a calendar month, the Fee for that first month will be reduced proportionately.
8.10. Aurora Digital may increase or decrease the Fee for any Service from time to time, and this will be done in the same way as an amendment of this Agreement (see clause 6).
8.11. The Customer will reimburse all reasonable expenses that are necessarily and actually incurred by Aurora Digital and Aurora Digital’s Personnel in fulfilling Aurora Digital’s obligations in terms of this Agreement. Such expenses include, but are not limited to, travelling, subsistence, goods and services purchased on the Customer’s behalf, communications, stationery, reports and presentation material. Travelling and subsistence expenses will be agreed between the parties from time to time.
8.12. The Parties agree that in the event of any dispute in respect of monies owing to Aurora Digital which have not been paid by the due date; Aurora Digital:
8.12.1. may retain any Customer Equipment which is in its possession in pursuance of any Service Order as security for payment of any disputed amount, and
8.12.2. will be entitled, but not obliged, to dispose of such Customer Equipment in order to recover any amounts so owing should such amounts have been outstanding for a period of more than 60 (sixty) days from due date.
8.13. If a Customer has been given a discount as a result of referring a third party to Aurora Digital, the discount will be forfeited if the referee terminates its agreement with Aurora Digital within three (3) months of commencement.
9.1. THE CUSTOMER ACCEPTS THAT IT IS RESPONSIBLE FOR ALL OF THE CONSEQUENCES OF ITS OWN ACTIVITIES AND THOSE OF ITS EMPLOYEES, OFFICERS, AGENTS, INDEPENDENT CONTRACTORS AND ALL OTHERS UNDER ITS CONTROL WHEN USING THE SERVICES.
9.2. THE CUSTOMER IS RESPONSIBLE FOR OBTAINING, INSTALLING AND MAINTAINING ALL HARDWARE AND SOFTWARE REQUIRED TO ACCESS THE AURORA DIGITAL SYSTEM AND MAKE USE OF THE SERVICES, UNLESS OTHERWISE AGREED IN WRITING.
9.3. The Customer must make use of the Services in a considerate and lawful way, and Aurora Digital has developed an Acceptable Use Policy that contains reasonable rules of conduct for the use of the Service. The Acceptable Use Policy, as amended, is available for viewing on the Aurora Digital Website.
9.4. THE CUSTOMER MUST COMPLY WITH THE ACCEPTABLE USE POLICY AND ENSURE THAT ANYONE UNDER ITS CONTROL THAT USES THE SERVICES ALSO DOES SO. A BREACH OF THE ACCEPTABLE USE POLICY IS A BREACH OF THE CUSTOMER’S DUTY TO ACT IN A CONSIDERATE AND LAWFUL WAY.
9.5. Network security threats evolve quickly and behaviours change as technology changes. As a result, Aurora Digital must be able to amend the Acceptable Use Policy at any time and reserves the right to do so. The Customer has a general duty to act in a considerate and lawful way; an amendment to the Acceptable Use Policy does not constitute an amendment of this Agreement.
9.6. Aurora Digital may use upstream Suppliers in providing certain Services, which may maintain their own acceptable use policies. Aurora Digital will inform the Customer if this is the case. The Customer agrees to abide by these policies in using the relevant Services. Aurora Digital may treat a breach of a Supplier’s acceptable use policy as if it were a breach of Aurora Digital’s Acceptable Use Policy.
If email accounts are made available to the Customer, they will be provided on the following terms:
10.1. Aurora Digital may filter incoming email for unsolicited bulk email (Spam), Virus and Malicious Code. This filtering will be done on a best effort basis without any warranty of any kind.
10.2. The servers used to provide an email Service will be subject to the same level of security as the rest of the Aurora Digital System.
10.3. The Customer may send bulk email, but may not send unsolicited bulk email, as described in the Acceptable Use Policy.
10.4. Aurora Digital will be entitled to take whatever steps it deems necessary to prevent the sending of unsolicited bulk email using the Aurora Digital System.
10.5. Aurora Digital will be entitled to take whatever steps it deems necessary to prevent an IP address allocated to Aurora Digital from being blocked as result of the transmission of bulk unsolicited email, and may amongst other measures:
10.5.1. suspend the Customer's email account, and
10.5.2. suspend access to a domain name hosted on the Aurora Digital System.
10.6. If Aurora Digital incurs costs in unblocking any of its IP addresses as a result of a Customer sending bulk unsolicited email using the Aurora Digital System, the Customer will be liable for those costs, including time and materials at Aurora Digital’s standard rates.
10.7. If email accounts are held on Aurora Digital’s servers:
10.7.1. Aurora Digital may delete emails received or sent more than 90 days before a given date;
10.7.2. If the mailbox size specified in the relevant Service Order is exceeded, no further emails will be received into the Customer’s account;
10.7.3. No emails larger than 20 Mb will be sent or received;
10.7.4. Upon termination of the Service all email will be deleted and email addresses associated with the Customer’s account will cease to function;
10.7.5. Aurora Digital has no responsibility for backing up email stored on its servers; and
10.7.6. “Webmail” is provided as a complimentary service and Aurora Digital gives no warranty that it will be accessible by the Customer at any given time.
10.7.7. Individual mail sent to the Customer's POP3/IMAP box or forwarded to the Customer's existing email address may be limited to 5MB in size each.
10.8. Aurora Digital reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers and at our sole discretion.
11.1. Nothing in this Agreement will be interpreted as granting either Aurora Digital or the Customer a license to deal in any way with any Intellectual Property owned by the other, nor will anything be construed as an assignment of Intellectual Property to the other, unless otherwise agreed in writing.
11.2. If Aurora Digital provides the Customer with Software as part of providing a Service, and it holds Intellectual Property rights to the Software, it grants the Customer a non-exclusive, non-transferable license to use that Software:
11.2.1. only for the Customer’s own purposes;
11.2.2. for making use of the Services; and
11.2.3. for the duration of this Agreement and subject to its terms.
11.3. If Aurora Digital provides the Customer with Software owned by a third party, the Customer must comply with all license terms imposed by the third party when it uses the Software. These terms include any terms appended to a Service Order.
11.4. Copyright in any Software or other works created by Aurora Digital in terms of this Agreement will vest in Aurora Digital.
11.5. The Customer is specifically prohibited from reverse engineering, disassembling, decompiling or using any method to discover the source code of any Software provided in terms of this Agreement (or attempting to do so), where the Intellectual Property is not owned by the Customer.
11.6. The Customer undertakes to comply with all intellectual property laws, and to do nothing related to or connected with this Agreement or its use of the Aurora Digital System which may infringe the Intellectual Property rights of Aurora Digital or any third party.
11.7. THE CUSTOMER WARRANTS THAT IT EITHER OWNS THE INTELLECTUAL PROPERTY RIGHTS TO ALL MATERIAL TRANSMITTED, ACCESSED, STORED, DISPLAYED OR REPRODUCED USING THE AURORA DIGITAL SYSTEM, OR THAT IT HAS THE PERMISSION OF THE OWNER OF THE MATERIAL TO MAKE USE OF THAT MATERIAL IN THAT WAY.
11.8. Aurora Digital will have the right to make copies of the Customer Data if this is necessary to provide a Service.
11.9. While providing the Services, Aurora Digital may have one or more Internet Protocol (“IP”) addresses allocated to the Customer.
11.9.1. The Customer must put the assigned IPs to the use specified or implied in the Service Order, and will not put them to another use without the express written consent of Aurora Digital.
11.9.2. The Customer acknowledges that IP addresses are not property and cannot be owned. As a result the Customer has no right or expectation of a right to ownership of any IP address assigned to it.
11.9.3. On termination of this Agreement or the relevant Service Order, any IP Addresses assigned to the Customer may be removed from the Customer, and the Customer will have no recourse against Aurora Digital or any third party as a result of any loss sustained as a result.
12.1. Aurora Digital will implement measures in line with Good Industry Practice and its Acceptable Use Policy to ensure the security of the Aurora Digital System and the physical security of the Aurora Digital Premises and or Data Centres, but gives no warranty that breaches of security will not take place.
12.2. If the Customer discovers a security violation, or thinks that a security violation is imminent, it must immediately notify Aurora Digital.
12.3. If the Customer suffers damage as a result of loss or corruption of Customer Data through a security violation or breach of the Acceptable Use Policy, the Customer will be liable for the damage if the violation was the Customer’s fault.
12.4. The Customer must not do anything that may prejudice the security of the Aurora Digital System, and must take all reasonable measures necessary to ensure that:
12.4.1. no unlawful access is gained to the Aurora Digital Premises, the Aurora Digital System, or the Customer System;
12.4.2. no Malicious Code is introduced into the Aurora Digital System;
12.4.3. the Customer Data is safeguarded; and
12.4.4. any Internet Protocol ("IP") address range assigned to the Customer cannot be attacked by third parties;
12.4.5. all use of the Services occurs in compliance with the Acceptable Use Policy.
12.5. If a security violation occurs, or Aurora Digital is of the view that a security violation is imminent, Aurora Digital may take whatever steps it considers necessary to maintain the proper functioning of the Aurora Digital System including without limitation:
12.5.1. changing the Customer’s access codes and passwords (or those of any user of the Aurora Digital System),
12.5.2. preventing access to the Customer System, and
12.5.3. preventing access to the Aurora Digital System.
12.6. Aurora Digital takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
12.7. The Customer must give its full cooperation to Aurora Digital in any investigation that may be carried out by Aurora Digital regarding a security violation. If it is found that the Customer has violated the Acceptable Use Policy, the Customer shall pay Investigation fees to recover the costs per hour that the Provider’s personnel must spend to investigate any violations as set out in the Fee Schedule.
12.8. If the Customer is providing any service to third parties that makes use of the Aurora Digital System, the Customer must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 12.
13.1. Aurora Digital is entitled to suspend provision of the Service(s) to the Customer where:
13.1.1. the Customer is found to be in breach of the Acceptable Use Policy,
13.1.2. the Customer has not made payment of monies owing to Service Provider by due date, subject to clause 8.4,
13.1.3. such suspension is necessary to maintain security as set out in clause 12,
13.1.4. Aurora Digital or its contractors need to carry out Emergency Maintenance,
13.1.5. the Customer has failed to co-operate in an investigation as set out in clause 12.7 or otherwise has breached its duties set out in clause 12 such that its continued access to the Service Provider System constitutes a threat to security, and / or
13.1.6. where so ordered by a court having jurisdiction over Service Provider.
13.2. Aurora Digital is entitled to suspend Service as set out in clause 13.1 immediately and without notice. In the case of grounds set out in clauses 13.1.1 to 13.1.3. Aurora Digital must provide the Customer with at least seven (7) days’ notice of such suspension, unless the circumstances are such that immediate suspension is necessary to avoid loss to Aurora Digital, the Customer or any third party.
13.3. Should the Customer’s account be suspended for non-payment, the Provider reserves the right to place a non-payment page on the Customer’s domain.
13.4. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
13.5. Reconnection of any Service suspended in terms of clauses 13.1.1 to 13.1.6 will be subject to a reasonable reconnection Fee.
14.1. WHILE AURORA DIGITAL RECOGNISES THE CUSTOMER'S RIGHT TO PRIVACY OF ITS DATA, THE CUSTOMER CONSENTS TO AURORA DIGITAL MONITORING THE CUSTOMER'S TRAFFIC DATA USING THE AURORA DIGITAL SYSTEM FOR ACCOUNTING PURPOSES AND TO ENSURE THAT THE AURORA DIGITAL SYSTEM IS OPERATING PROPERLY.
14.2. The Customer must not upload to, store on or transmit any data or content via the Aurora Digital System that is unlawful, harmful, or in breach of the Acceptable Use Policy.
14.3. THE CUSTOMER CONSENTS TO AURORA DIGITAL PROCESSING PERSONAL INFORMATION TRANSMITTED TO THE AURORA DIGITAL SYSTEM IN A WAY WHICH IS CONSISTENT WITH THE SERVICE BEING PROVIDED. WHERE THE CUSTOMER'S USE OF A SERVICE LEADS TO THE TRANSMISSION OF PERSONAL INFORMATION TO OR FROM THE REPUBLIC OF SOUTH AFRICA, THE CUSTOMER ACKNOWLEDGES THAT IT HAS A DUTY TO COMPLY WITH ANY RELEVANT STATUTORY PROVISIONS DEALING WITH DATA PRIVACY EITHER IN THE REPUBLIC OF SOUTH AFRICA OR IN ANY FOREIGN COUNTRY TO WHICH THE PERSONAL INFORMATION IS TRANSMITTED. THE CUSTOMER WARRANTS THAT IT HAS OBTAINED THE CONSENT OF ANY THIRD PARTY FOR THE USE OF THAT PARTY’S PERSONAL INFORMATION IN THIS WAY.
14.4. Aurora Digital has no knowledge of or interest in data that the Customer may transmit via, store on or access from the Aurora Digital System. Aurora Digital also has no duty to monitor any content made available or published through the Aurora Digital System, unless required under clause 15 (Statutory Compliance).
15.1. Aurora Digital is obliged to comply with certain statutory provisions including, but not limited to, those set out in the following Acts (and their associated regulations):
15.1.1. the Films and Publications Act 65 of 1996;
15.1.2. the Electronic Communications and Transactions Act 25 of 2002;
15.1.3. the Regulation of Interception of Communications and Provision of Communication-related Information Act (Act 70 of 2002), and
15.1.4. the Electronic Communications Act 36 of 2005 and
15.1.5. the Protection of Personal Information Act 4 of 2013.
15.2. Aurora Digital's compliance with these statutory provisions may require measures that would otherwise be infringements of the Customer's privacy, such as interception of the Customer's communications or the examination of Customer Data. No action will lie against Aurora Digital for any damages that it may suffer as a result of these measures.
16.1. If Aurora Digital cannot continue with provision of any Service because any license, permit, certificate consent, exemption or other necessary legal requirement is withdrawn, Aurora Digital must make best endeavours to provide an alternative service to the Customer within 10 (ten) Business Days. It may do this either by utilising another of its own services, or by having a Supplier or third party provide the Service in its place.
16.2. If the Customer is not satisfied with the steps taken by Aurora Digital in clause 16.1, Aurora Digital must cease provision of the Service in question and reduce the Fee accordingly.
16.3. If Aurora Digital cannot provide the other Services provided under this Agreement because they depend upon a Service that has been terminated in terms of clause 16.2, the Customer may terminate this Agreement.
16.4. Aurora Digital must provide the Customer with timely notice of the circumstances described in clause 16, if reasonably possible.
17.1. Ownership. Ownership of all Equipment is retained by Aurora Digital (or the supplier of the Equipment as the case may be) and nothing in this Agreement must be interpreted as creating any expectation with regard to the transfer of ownership to the Customer.
17.2. Purchase of Equipment. The Customer may purchase Equipment only by agreeing to do so in writing in a Service Order or by way of a separate agreement, in which case ownership in the Equipment will pass to the Customer only once payment has been made for it in full.
17.3. Delivery. Delivery of Equipment, if any, will take place when Aurora Digital passes possession of the Equipment to the Customer, its Freight Forwarder, or a third party nominated by the Customer, or when Aurora Digital delivers it to any location indicated in writing by the Customer where the Equipment is not under the control of Aurora Digital.
17.4. RISK. RISK IN THE EQUIPMENT (IF ANY) WILL PASS TO THE CUSTOMER ON DELIVERY, FROM WHICH MOMENT ALL RISK OF DAMAGE AND LOSS IN THE EQUIPMENT WILL FALL ON THE CUSTOMER, WHICH MUST TAKE RELEVANT STEPS TO INSURE THE EQUIPMENT AND OTHERWISE MITIGATE ITS RISK OF LOSS THEREIN.
17.5. Delivery to 3rd Parties. If the Customer requires that the Equipment set out in a Purchase Order be delivered directly to a Customer or third party as the case may be, the Customer must procure the services of an appropriate Freight Forwarder for the purpose, and risk of loss or damage to the Equipment will pass to the Customer upon Aurora Digital’s delivery of such Equipment to the nominated Freight Forwarder.
18.1. Only Applicable if Customer not the Owner. This clause 18 applies only where Customer is not the owner of the Equipment but risk has passed to the Customer as described in clause 17.4, for example where Aurora Digital has leased the Equipment to the Customer, or the Customer is paying for the Equipment in instalments.
18.2. Customer’s Duties. The Customer must:
18.2.1. ensure that the Equipment remains in a safe environment that is conducive to its continued operation;
18.2.2. ensure that the Equipment is used with care and that reasonable precautions are taken to avoid accidents and to safeguard it from loss or damage and excessive wear and tear;
18.2.3. notify Aurora Digital immediately of any loss of, or damage to, the Equipment or part thereof or any failure of the Equipment to function;
18.2.4. ensure that no part or component for the Equipment is used which has not been supplied by Aurora Digital or its authorised subcontractors;
18.2.5. ensure that the Equipment is insured at a reasonable value against any damage or loss;
18.2.6. not rent, sell, mortgage or otherwise encumber the Equipment without the prior written consent of Aurora Digital;
18.2.7. provide Aurora Digital with all such information as it may reasonably require to protect its right of ownership in the Equipment;
18.2.8. ensure that the Equipment does not leave the Customer’s possession, and no person other than its Personnel is permitted to use the Equipment without Aurora Digital’s prior written consent;
18.2.9. provide reasonable access to the Equipment by Aurora Digital or its agents (upon request) for maintenance and/or repairs; and
18.2.10. reimburse Aurora Digital for any repairs and/or maintenance needed to the Equipment at the Time and Materials Rate, provided that the Customer authorises the cost of such repairs and/or maintenance prior to implementation.
18.3. Third Party Premises. Where Equipment is installed or stored on or at a premises which is leased from a third party or otherwise not owned by the Customer then the Customer undertakes to:
18.3.1. obtain all such consents and permissions as may be necessary so as to allow the installation and maintenance of the Equipment; and
18.3.2. in the case of a dispute with the landlord or owner of the premises, inform the landlord or owner of the premises in writing of the fact that the Equipment is the property of Aurora Digital and does not belong to the Customer. The Customer specifically indemnifies and holds harmless Aurora Digital in respect of any breach of this clause.
18.4. Maintenance of Equipment. Under no circumstances is the Customer permitted to authorise or carry out technical maintenance on any Equipment without the prior written permission of Aurora Digital. Any modification or re-configuration carried out or attempted by the Customer or any third party authorised to do so by the Customer without the express prior written approval of Aurora Digital is strictly prohibited and Aurora Digital specifically reserves its right to claim damages should this clause be breached.
19.1. AURORA DIGITAL WILL NOT BE LIABLE TO THE CUSTOMER OR ANY THIRD PARTY FOR ANY LOSS THAT RELATES TO OR ARISES FROM THE SERVICES OR THIS AGREEMENT, WHETHER EITHER PARTY SHOULD HAVE FORESEEN IT OR NOT. LOSS INCLUDES DAMAGES AND LEGAL OR OTHER COSTS. DIRECT DAMAGES ARE EXCLUDED, AS ARE INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, AND AURORA DIGITAL WILL NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN AURORA DIGITAL EMPLOYEE, BREACH OF CONTRACT, VICARIOUS OR STRICT LIABILITY.
19.2. IN PARTICULAR, AURORA DIGITAL WILL NOT BE LIABLE FOR LOSS ARISING FROM ANY OF THE FOLLOWING:
19.2.1. TERMINATION OF THE AGREEMENT BEFORE COMMENCEMENT OF A SERVICE, DUE TO TECHNICAL INFEASIBILITY;
19.2.2. THE CUSTOMER’S FAILURE TO TAKE ADEQUATE SECURITY MEASURES;
19.2.3. ANY ACT OR OMISSION RELATING TO THE TRANSMISSION OF DATA TO AND FROM THE AURORA DIGITAL SYSTEM, ITS STORAGE ON THE AURORA DIGITAL SYSTEM OR ITS PUBLICATION USING THE AURORA DIGITAL SYSTEM TO THIRD PARTIES, INCLUDING FALSE POSITIVES IN SPAM FILTERING;
19.2.4. ANY ACTION TAKEN BY AURORA DIGITAL IN TERMS OF CLAUSE 12 (SECURITY) OR CLAUSE 13.1 (SUSPENSION OF SERVICE);
19.2.5. COMPLIANCE WITH ANY STATUTE DESCRIBED IN CLAUSE 15 (STATUTORY COMPLIANCE);
19.2.6. THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE SERVICES THROUGH NO FAULT OF THE AURORA DIGITAL;
19.2.7. LOSS OF DATA (INCLUDING FAILURE IN BACKUP OR DISASTER RECOVERY), DAMAGED OR CORRUPTED DATA OR A DELAY OR FAILURE IN TRANSMISSIONS; AND/OR
19.2.8. CUSTOMER’S BREACH OF THIS AGREEMENT OR OTHER UNLAWFUL ACT OR OMISSION.
19.3. IF AURORA DIGITAL IS NONETHELESS FOUND TO BE LIABLE FOR LOSS SUFFERED BY THE CUSTOMER, THE TOTAL AMOUNT OF AURORA DIGITAL’S LIABILITY RELATING TO OR ARISING FROM THE SERVICES OR THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT OF THE FEES PAID BY THE CUSTOMER FOR THE SERVICE FROM WHICH THE DAMAGE AROSE IN THE 3 (THREE) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT THAT CAUSED THE DAMAGE.
19.4. NOTHING CONTAINED IN THIS CLAUSE 19 WILL LIMIT THE CUSTOMER’S LIABILITY IN RESPECT OF CHARGES INCURRED FOR ONGOING SERVICES.
19.5. If the CPA is applicable to this Agreement, and any provision of this clause 19 is found by a court or tribunal with jurisdiction over Aurora Digital to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 19 will have full force and effect.
19.6. In the case of ambiguity, this clause 19 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.
20.1. THE CUSTOMER WILL INDEMNIFY, DEFEND, AND HOLD AURORA DIGITAL HARMLESS FROM ALL CLAIMS BROUGHT AGAINST AURORA DIGITAL BY THIRD PARTIES AS A RESULT OF:
20.1.1. THE CUSTOMER’S USE OF THE GOODS OR SERVICES OTHER THAN AS ALLOWED IN THIS AGREEMENT OR ACCEPTABLE USE POLICY;
20.1.2. BREACH OF PRIVACY RIGHTS, OR INFRINGEMENT OF ANY LAW (WHETHER SOUTH AFRICAN OR FOREIGN) GOVERNING DATA PROTECTION OR THE CROSS-BORDER DATA FLOWS BY THE CUSTOMER;
20.1.3. THE INFRINGEMENT OF ANY RIGHT IN INTELLECTUAL PROPERTY BY THE CUSTOMER, INCLUDING WITHOUT LIMITATION THOSE SET OUT IN CLAUSE 10; OR
20.1.4. ANY OTHER WRONGFUL ACT OR OMISSION BY THE CUSTOMER.
20.2. THE INDEMNIFIED CLAIMS WILL INCLUDE LEGAL COSTS ON THE SCALE AS BETWEEN ATTORNEY AND OWN CUSTOMER AND ANY ADDITIONAL LEGAL COSTS.
20.3. If the CPA is applicable to this Agreement, and any provision of this clause 20 is found by a court or tribunal with jurisdiction over Aurora Digital to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 20 will have full force and effect.
21.1. Aurora Digital warrants that:
21.1.1. it has the facilities, infrastructure, capacity and capability to provide the Services;
21.1.2. it will employ a sufficient number of suitably trained staff to provide the Services;
21.1.3. it will provide the Services:
184.108.40.206. with promptness and diligence and in a workmanlike manner and in accordance with the practices and professional standards of well-managed companies performing services similar to the Services; and
220.127.116.11. in accordance with all applicable laws and regulations.
21.2. Equipment is guaranteed under the manufacturer’s product specific warranties only, and all other guarantees and warranties including common law guarantees and warranties in relation to Equipment are hereby specifically excluded by Aurora Digital.
21.3. Unless expressly set out in this clause and elsewhere in this Agreement or in any Service Level Availability and to the maximum extent permitted by law, Aurora Digital does not make any representations nor does it give any warranties or guarantees of any nature whatsoever in respect of the Aurora Digital Equipment or Services, which are provided on a “reasonable effort” basis, and all warranties which are implied or residual at common law are hereby expressly excluded.
21.4. For the avoidance of doubt, Aurora Digital does not warrant any of the following:
21.4.1. connection quality (including throughput, availability, jitter, latency and packet loss);
21.4.2. the confidentiality, integrity and / or availability of any Customer Data;
21.4.3. the correctness of the identification of any email as spam; or
21.4.4. the success of any backup or disaster recovery service offered.
21.5. If the CPA applies to this Agreement, the provisions of this Agreement or of this clause 21 will not be interpreted in such a way as to exclude the Customer’s rights under sections 54 (Right to quality service), 55 (Right to safe, good quality goods), or 56 (Implied warranty of quality) of the CPA. These sections however apply only to the minimum possible extent. Unless the contrary is stated elsewhere in this Agreement, the Customer will have no rights in respect of quality of service, safe & good quality goods or implied warranty of quality beyond those explicitly stated in the those sections.
22.1. Neither Party will be entitled to cede, assign, delegate or otherwise transfer the benefit or burden of all or any part of this Agreement without the prior written consent of the other Party, which consent will not be unreasonably withheld or delayed.
22.2. Aurora Digital may sub-contract its obligations in terms of this Agreement to a third party, provided that:
22.2.1. such sub-contracting will not absolve Aurora Digital from responsibility for the provision of the Service or complying with its obligations in terms of this Agreement; and
22.2.2. Aurora Digital will at all times remain the sole point of contact for the Customer.
22.3. The Customer may not resell any Service, or otherwise provide any Service to a third party for consideration, unless otherwise specified in a Service Order.
23.1. The Parties agree that the relationship between them is one of commissioner and independent contractor, and nothing in this Agreement will be construed as giving rise to a relationship of employer and employee, whether between Customer and Aurora Digital or between Customer and any officer, employee or agent of Aurora Digital.
23.2. This Agreement does not give rise to a relationship of principal and agent. Neither Party will not be entitled to conclude any agreement on behalf of the other, nor to sign any document on behalf of the other, unless this is specifically authorised in writing by the other.
23.3. Aurora Digital's right to terminate this Agreement will be regulated by the law of contract alone and neither Aurora Digital or its employees, officers or agents is "an employee" of the Customer as defined in the Labour Relations Act 66 of 1995, s1 of the Basic Conditions of Employment Act 75 of 1997 or any similar statute.
23.4. The relationship between the Parties will not be an exclusive one and both Parties will be free to enter into agreements similar to this one with third parties.
23.5. Both Parties to this Agreement (including the employees, officers and agents of the Parties) undertake to use their best endeavours and exercise good faith in implementing the provisions of this Agreement according to its intent and purpose and they further undertake to pass such resolutions and do all such acts and deeds as may be necessary, to this end.
23.6. In order to facilitate the effective provision of the Services, the Customer will:
23.6.1. allow Aurora Digital reasonable access to its premises in order for Aurora Digital to provide the Services, and the Customer will procure that its employees, officers and agents co-operate with and give Aurora Digital any necessary assistance in the provision of the Services;
23.6.2. comply with any reasonable instructions given by Aurora Digital relating to the provision of the Services, as well as Aurora Digital’s relevant policies and procedures, which will be made available to the Customer on request;
23.6.3. enter into any agreement with a supplier necessary to allow Aurora Digital to provide the Services; and
23.6.4. respond to any request for information, access or authorisation as soon as reasonably possible, having regard to the circumstances of the request, and Aurora Digital may suspend or withhold provision of the Services should the Customer fail to comply with the above.
24.1. Both Parties undertake that they will not employ any employee of the other, or any person who was an employee of the other during the previous 12 (twelve) months. This restriction applies during the term of this Agreement and for a period of 6 (six) months after its termination for any reason. “Employ” includes persuading, encouraging or procuring the employee to be employed by or through the guilty Party or any of its subsidiaries, and by doing so directly or indirectly. The restriction also applies to inducing an employee to terminate his or her employment.
24.2. The provisions of clause 24 do not prohibit either of the Parties from considering any application for employment submitted on an unsolicited basis or in response to a general advertisement of employment opportunities.
25.1. If the Customer is a juristic person then the CPA applies to this Agreement only if both the Customer’s asset value and annual turnover (the “Business Values”) are less than R 2 000 000 (two million Rand) (the “Threshold Value”) on the date the applicable Service Order is executed. Both the Business Values and the Threshold Value may be amended in terms of the CPA.
25.2. Aurora Digital's duties under this Agreement may vary depending upon whether the CPA applies to this Agreement, and Aurora Digital will act upon the information given by the Customer in this regard. Consequently:
25.2.1. the Customer warrants that any statement made to Aurora Digital in respect of its Business Values is accurate.
25.2.2. If the Customer claims that all the Business Values are below the Threshold Value, or otherwise that the CPA applies to this Agreement, Aurora Digital may at its instance require the Customer to provide it with financial statements as proof thereof.
25.2.3. If the Customer misstates the Business Values (whether negligently or otherwise) in such a way that Aurora Digital believes that this Agreement is subject to the CPA when it is not, then Aurora Digital may retroactively apply any provisions of this Agreement that were not applied as a result of this belief.
25.2.4. The Customer will be liable for any costs or damage sustained by Aurora Digital resulting from such misstatement.
25.3. If the CPA is applicable to this Agreement, the provisions of the CPA will be applied and take precedence where they contradict any provision of this Agreement.
26.1. If the either Party:
26.1.1. fails to comply with any of its obligations or commits a breach of this Agreement and fails to remedy the default or breach within 5 (five) Business Days after having received a written notice to do so,
26.1.2. resolves to begin business rescue proceedings as contemplated in chapter 6 of the Companies’ Act 71 of 2008,
26.1.3. is placed in provisional or final liquidation or sequestration, or judicial management,
26.1.4. enters into any compromise arrangements with its creditors,
26.1.5. fails to satisfy a judgment taken against it within ten (10) Business Days, or
26.1.6. falls under the controlling interest or ownership of a competitor of the other Party (for the purpose of this clause, the Party which makes this allegation will carry the burden to prove it), the other Party will be entitled either:
26.1.7. to hold the Party in breach to the Agreement; or
26.1.8. to cancel the Agreement.
26.2. The provisions of this clause will not affect the rights of either Party to claim damages in respect of a breach of any of the provisions of this Agreement.
27.1. The Parties choose their addresses where they will accept service of any notices/documents for all purposes arising from this Agreement (domicilium citandi et executandi):
27.1.1. in the case of Aurora Digital, as set out in clause 1.1 of this document, and
27.1.2. in the case of the Customer the addresses set out in the most recent Service Order agreed between the Parties.
27.2. Either Party may vary its given postal address or other contact details by notifying the other Party in writing. Postal addresses must be located within the Republic of South Africa.
27.3. Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another ("the addressee") which:
27.3.1. is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
27.3.2. if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or
27.3.3. is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
27.3.4. is posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at its chosen postal will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting.
27.4. Despite the above:
27.4.1. any notice that Aurora Digital sends by email to an email account hosted on the Aurora Digital System by the Customer will be deemed to have been received by the Customer on the date of transmission; and
27.4.2. if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.
28.1. In the event of any dispute arising between the Parties regarding this Agreement or any Service, the Parties will act in good faith to attempt to settle the dispute through discussions between the relevant representatives of the Parties within 30 (thirty) days of a Party giving the other Party notice of the issue in dispute. The Parties will follow any dispute or complaints resolution process that Aurora Digital may have in place.28.2. Any dispute which cannot be resolved by the Parties within the 30 (thirty) days period, as provided in this clause 28, will be resolved by arbitration in the English language by a single arbitrator appointed by the Arbitration Foundation of South Africa and in accordance with the Rules of the Arbitration Foundation of South Africa. 28.3. Notwithstanding the provisions of this clause 28, either Party will have the right to seek relief by way of interim relief from any court of competent jurisdiction. 28.4. Pending final settlement or determination of a dispute, the Parties will continue to perform their subsisting obligations hereunder. 28.5. Notwithstanding the above, the Customer consents to the jurisdiction of the Magistrate’s Court in respect of any action initiated for the recovery of overdue payments, notwithstanding that the amount summonsed for exceeds such jurisdiction, the decision on which Court to proceed being in the sole discretion of Aurora Digital. 28.6. Nothing in this clause 28 must be interpreted so as to restrict the Customer’s right to approach the tribunal of its choice in terms of the CPA, if it is applicable. 28.7. This clause is separate from the rest of the Agreement and will remain effective between the parties if this Agreement is terminated.
29.1. Neither Party will be liable for any delay or failure in performing any obligation under this Agreement due to any cause beyond its reasonable control, including without limitation: industrial action, sabotage, terrorism, civil commotion, riot, war, fire, explosion, storm, flood, or other natural physical disaster, any act or policy of any state or government or other authority having jurisdiction over either Party, sanctions, boycott or embargo, termination or suspension of upstream service.
29.2. If a delay or failure referred to in clause 29.1 occurs, this Agreement will be suspended for as long as the cause of the delay or failure lasts. If the suspension is longer than three months, either Party may terminate this Agreement by written notice to the other.
30.1. This Agreement will be governed by and construed in accordance with the law of the Republic of South Africa.
30.2. In this Agreement, unless the context requires otherwise: - words importing any one gender will include the other gender; the singular will include the plural and vice versa; a reference to natural persons will include created entities (corporate or unincorporate) and vice versa.
30.3. Words and expressions defined in any clause will, for the purposes of that clause, bear the meanings assigned to such words and expressions in such clause.
30.4. If any provision is a substantive provision conferring rights or imposing obligations on any Party, notwithstanding that it is only in a definitions clause, effect will be given to it as if it were a substantive provision in the body of the agreement.
30.5. Clause headings have been inserted for convenience only and will not be used for nor assist or affect its interpretation; where a clause number is cited, it will be deemed to include reference to all subclauses of that numbered clause.
30.6. The rule of construction that an agreement will be interpreted against the Party responsible for its drafting or preparation will not apply.
31.1. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to and signed by both parties will be of any effect.
31.2. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
31.3. The signatories / parties hereto acting in representative capacities warrant that they are authorised to act in such capacities and accept personal liability under this Agreement should they prove not to be so authorised.
31.4. In the event that any part of this Agreement is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of this Agreement.
31.5. By using the Products and Services, you are consenting to receive communications from the Provider. The Provider may send the Customer newsletters concerning new features, specials, promotions and other related services that the Provider may offer.
32.1. The Registered Name Holder agrees to enter into a Registrar Registrant Agreement with the Provider when registering or transferring a domain with/to the Provider.
32.2. Ownership of the domain is the Customer’s, only after full payment has been received.
32.3. Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and it is kept there for a period of one year, until the date of renewal (‘Domain Parking’). Payment will NOT be credited back.
32.4. Domain Parking does NOT include Web Space, Virtual Hosting, or e-Mail facilities.
32.5. The Provider shall be indemnified and held harmless by the Customer if the Customer uses any Domain Name that infringes on any rights of any person, or company.
32.6. The Provider does not guarantee that a Domain Name requested by a Customer will be available. Provider’s systems may reflect that the Domain Name requested is available; however, this domain may have been already taken, as the Provider’s system is reliant on server updates from both local and international WHOIS servers.
32.7. As the Provider is a reseller of various domains, the Customer agrees to abide by the terms and conditions of the various domain registries / registrars worldwide, when registering a domain with the Provider.
32.8. As Domain registries / registrars charge a Registration Fee, Renewal Fee and Redemption Fee (This is the period after suspension by the Registry), the Customer agrees to pay the Provider the fees that relate to the registration, renewal, redemption, maintenance, or administration, of the Domain Name. These fees are not refundable.
32.9. The Registrant Name Holder has up to 10 days after the Domain Expiry date to renew the domain. After which time the domain will enter the redemption Grace Period
32.10. Once the Domain has entered the Redemption Grace Period, The Domain will be suspended at the Registry and have a status of RGP (Redemption Grace Period). The registrant name holder has 20 days restore their domain at a fee of R 750 ZAR.
32.11. Once the Redemption Grace Period has passed, the domain will be deleted from the Registry and is available to anyone to register as a brand new name.
32.12. Should the Registered Name Holder activate auto-renewal on their domain name, the Registered Name Holder will be invoiced 30 days prior to the expiry of the domain. Once the Invoice has been paid, the domain will automatically be renewed for an additional year at the Registry.
32.13. Should the Customer misspell a Domain Name and the misspelt domain is registered, the Customer will be held liable for payment of the misspelt domain. No domain registration fee will be credited, and the Customer will then have to register the correctly spelled domain name at the cost of a new domain registration.
32.14. The Provider, through Aurora Digital, is an official accredited Registrar of UniForum SA and as such all .co.za domains names are registered via the new accredited EPP system. Any domain registrations registered with the Provider, on the EPP system, cannot be transferred back to the legacy system, or be transferred to any other company that uses the legacy system; domains can only be transferred between Registrars.
32.15. Should a Customer request the Provider register a new .co.za domain on their behalf, and do not want to use the EPP system, the Customer must notify the Provider of this prior to registration.
32.16. Should a Domain Name be registered on the EPP system and a Customer requests to move their hosting, the Provider can point all DNSs (name servers) elsewhere, allowing the Customer, in effect, to host their domain elsewhere. Should the name servers point to another ISP that is not accredited, or whom does not have EPP, the domain can/will be released at a later date, by written instruction from the client to the ISP/hosting provider, once they are EPP enabled.
32.17. Front-end consumer clients will receive email based domain renewal notifications 90, 60, 30, 14, 7 and 1 day prior expiry
32.18. Resellers or clients of resellers will receive email based domain renewal notifications 60, 30, 14 and 7 days prior expiry
32.19. Premium domains: As various registries worldwide mark high value domains as premium domains, these domains cost more. The provider will make every effort to apply pricing of a premium domain prior to checkout however this may not always be possible. Should the client have paid for domain which will marked / reflected as premium a full refund of the regular price will be given.
32.20. Domain Availability: While the provider makes every effort to display accurate domain availability data and every attempt to secure a domain for the customer. On searching for a domain name via our / the registry WHOIS, the WHOIS service may show the domain as available however said domain may already be reserved / allocated / registered by another registrar or by another client. The provider shall not be held responsible in the event of a client registering / paying for a domain while the WHOIS reflects different information. The provider shall remit a full refund to the client in cases where this happens.
32.21. Time lapse between domain availability search and payment: As there is a time delays between the domain availability search, and the payment of the said domain, it may be possible that multiple parties are registering the same domain at the same time, the domain will be provisioned to the party that has paid first and the registry will reflect this party as the registrant.
In visiting this website the Customer and / or End User is / are required to provide information (a) to register a domain name, (b) to update information about a domain name previously registered, or (c) to submit questions about the Provider’s products and / or services.
To register a domain name, the Customer and / or End User are required to provide the following:
• the name they are registering,
• their name and address (or those of the person for whom the Customer and / or End User are registering the domain name),
• technical information with which the domain name will be associated,
• the name, address, e-mail address, telephone number, and where available, a fax number for the technical, administrative, billing, and zone contact information for the domain name.
Once the domain name has been registered, the Customer and / or End User maybe be asked to correct and / or update said information periodically, in order to ensure the WHOIS information is correct. Any administration, billing, and technical contact information that is added to a domain name may be available on the WHOIS server for public viewing.
In terms of the Provider’s ICANN accreditation, the Provider will provide information the Customer and / or End User submitted in registering a domain name, or updating related information, to the Provider’s own employees and consultants, to the administrator of the registries, to operators and users of the Internet, whom may request Whois information related to the Customer and / or End User’s domain-name registration. This information may be provided to the Internet Corporation for Assigned Names and Numbers (ICANN), which provides technical coordination for the Internet, and to escrow agents, auditors, Whois service providers, and replacement registrars that ICANN may designate.
Information the Customer and / or End User provides, in asking questions related to the Provider’s service, may be given to the Provider’s employees and consultants and, upon its request, to ICANN.
For more information about Registrant Education, please click here:http://www.icann.org/en/resources/registrars/registrant-rights/educational
For more information about Domain Name Registrant Rights, please click here:http://www.icann.org/en/resources/registrars/registrant-rights/benefits.
The following words and phrases have these meanings in this Agreement:
1.2. "ECT Act" means the Electronic Communications and Transactions Act 25 of 2002. 1.3. “Intellectual Property Rights” means copyright, patents, registered designs, trademarks (whether registered or not) , trade secrets, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions that grant similar rights.
1.4. “Media” means notes, images, vectors or other visual media displayed on the Site, and includes portions and adaptations thereof.
1.5. “Site” means the Internet World Wide website at URL www.auroradigital.co.za or such other URL as we may indicate from time to time.
1.6. “Us”, “we”, or “our” means Aurora Digital (Pty) Ltd t/a auroradigital.co.za, a proprietary company in terms of the laws of the Republic of South Africa.
1.7. “You” or “your” refers to you, or your employer or any other person that you have full legal authority to bind and on whose behalf you may be accepting this Agreement.
2.1. Your use of and access to this Site is at all times governed by this Agreement, and by accessing this Site you agree to adhere to these terms. Your acceptance of this Agreement will be deemed to have been given on the date when you first accessed this Site.
2.2. If you do not agree to this Agreement, you must cease your access of this Site immediately.
2.4. Please note that, due to legal and other developments, we may be required to amend this Agreement from time to time without notice. It is your duty to familiarise yourself with the current version. Please refer to the last revision number and date at the top of this document. Continued use of the Site subsequent to any amendments having been affected constitutes your acceptance of this Agreement.
3.1. NO OFFER. You should regard nothing contained in this Site as an offer, but as an invitation to do business.
3.2. No Warranty on Content. All information viewed or accessed from this Site is provided “as is” without any warranty, whether express or implied, unless this is specifically imposed by law.
3.3. Intention of the Site The content on the Site is available for use in accordance with this Agreement and the other agreements entered into between you and us, and any other usage is unlawful.
3.4. Removal of Content. Any content we feel is inappropriate or inconsistent with the Site may be removed at our own discretion.
3.5. Use at own Risk. Any use of or reliance on this Site, the contents of this Site or the information provided through this Site will be at your sole risk. We make no representations or warranties whatsoever as to the accuracy of the information contained in this Site.
3.6. No Warranty on Availability. We do not warrant that this Site or the delivery, hosting and ancillary services or facilities of third party suppliers utilised by us will continue to operate, will operate without interruptions or will be error-free or that it will be free of any software virus or other harmful component. You will be entirely responsible for any resulting damage to software or computer systems and/or any resulting loss of data caused as a result of any use of this Site.
4.1. Content of 3rd Party Sites. The Site contains hyperlinks to websites owned and / or operated by third parties. We are not responsible for the content of such websites, and do not endorse or approve the contents thereof.
4.2. Disclaimer of 3rd Party Website Content. We consequently do not accept any liability in connection with any third party websites that may be linked to this Site (regardless of whether or not a link has been permitted by us) and we are not responsible for the content of any website that is linked to this Site. The fact that a website is linked to this Site does not imply that we sponsor, endorse or are affiliated or associated with the entity that owns or is responsible for the website.
5.1. Reservation of Rights. Except where expressly stated to the contrary, copyright in the HTML, text, graphics, audio clips, video clips, source and / or object code and all other works contained in this Site is owned by us or by a third party, and we assert and reserve all of our rights in this regard, and that third party is entitled to assert and reserve all of its rights in this regard as well. Access to or use of this Site will not in any way result in an assignment or license of any intellectual property owned by us or any other party.
5.2. Limited Use. The contents of this Site may not be transmitted, transcribed, reproduced, stored or translated into any other form without our prior written permission. However, we permit you to display the content of this Site on your computer or device as part of your viewing/usage of the Site only.
5.3. No Other Use. No other use of this Site or its content is permitted. Without restricting the generality of the foregoing, you may not make commercial use of the content of this Site, include the content of this Site in or with any product that you create or distribute, or copy the content of this Site onto your own or another's website, unless as set out in these terms and conditions.
5.4. Intellectual Property Rights Warranty. You warrant that you will only use Media from the Site in accordance with this Agreement and that you will not obtain any Media from the Site illegally.
6.1. Hyperlinking Restricted. Our express written permission is required before any hyperlink other than to the Home Page of this Site is created. Permission, if granted, will be subject to the condition that the party linking to this Site alerts users to the application of these terms and conditions. Requests for permission can be emailed to email@example.com.
6.2. Permission. Permission to link to this Site is given without assumption of any liability. We reserve the right to withdraw permission granted to link to this Site at any time and for any reason.
6.3. Framing Restricted. Our express written permission, which may be subject to conditions, is required before this Site, any of its pages and/or any of the information contained on the Site is framed. Requests for permission can be emailed to firstname.lastname@example.org.
6.4. Automated Searches Restricted. Apart from legitimate search engine operators and use of the search facility provided on the Site for users, no person may use or attempt to use any technology or applications (including web crawlers or web spiders) to search or copy content from the Site for any purpose without our prior written consent.
7.1.1. Defame, abuse, harass, stalk, threaten or violate the legal rights (such as rights of privacy) of others.
7.1.2. Publish, post, distribute or disseminate any defamatory, infringing, obscene, pornographic, sexual, indecent or unlawful material or information.
7.1.3. Upload or otherwise transfer files that contain software or other material protected by intellectual property laws (or by rights of privacy or confidentiality) unless You own or control the rights thereto or have the required authority and have received all necessary consent to the intellectual property.
7.1.4. Upload or otherwise transfer files that contain viruses, corrupted files or any other similar software or programs that may damage or inhibit the operation of another computer.
7.1.5. Delete any legal notices, labels or anything else in the Site content that displays authorship or ownership in any file that is uploaded.
7.1.6. Falsify the origin or source of software or other material contained in a file that is uploaded.
7.1.7. Advertise or offer to sell any goods or services or conduct or forward surveys, contests or chain letters.
7.1.8. Download any file posted by another user of a forum that You know, or reasonably should know, cannot be legally distributed.
7.1.9. Use any communications or content or other information obtained through the Site in a manner that is not competitive with the Site or us.
7.2. No Liability You agree and acknowledge that we will not be held liable for content created by you and/or other users of the Site, and that you maintain all responsibility for your actions and statements made on the Site.
7.3. Removal of Content. We reserve the right to remove content created by users of the Site at any time.
8.1. No Liability. While we take all reasonable security precautions, no liability will lie for damage caused by the malicious use of this Site or by destructive data or code that is passed on to you through the use of this Site.
8.2. Prosecution. We will pursue prosecution of and compensation from any person who delivers or attempts to deliver any destructive code to this Site or attempts to gain unauthorised access to any page on this Site.
10.1. Disclaimer. We expressly disclaim all liability for any direct, indirect or consequential loss or damage occasioned from the use or inability to use this Site whether directly or indirectly resulting from inaccuracies, defects, errors, whether typographical or otherwise, omissions, out of date information or otherwise. Consequential and indirect loss and damage will include but not be limited to loss of profits, loss of goodwill, and wasted expenditure.
10.2. Indemnity. You agree to indemnify and hold us, our servants, subcontractors, subsidiaries and affiliates harmless from any demand, action or application or other proceedings, including for attorney's fees and related costs such as tracing fees, made by any third party and arising out of or in connection with the your use of or access to this Site.
11.1. The following are the details of the Website owner.
Website owner: Aurora Digital (Pty) Ltd t/a auroradigital.co.za, a close proprietary company under the laws of the Republic of South Africa.
Address: 6 Lemonwood street, Highveld, Centurion, South Africa, 0157 Email: email@example.com
12.1. 3rd Party Content. This Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion in this Site complies with all applicable laws and regulations.
12.2. No Liability. We accordingly exclude, to the fullest possible extent permissible under law, any responsibility or liability for any error or inaccuracy appearing in advertising or sponsorship material.
13.1. In order to provide a relevant, efficient and secure service, and where required and permitted to do so under law, we may monitor and/or intercept electronic communications such as e-mail which are sent to this Site. To the full extent necessary under law you acknowledge that you are aware of the potential monitoring and/or interception and consent to it.
14.1. Data messages, including e-mail messages, sent by you to us will be deemed to be received only when acknowledged or responded to.
14.2. A data message sent by us to you will be regarded as received when the complete data message enters an information system designated or used for that purpose by the recipient and is capable of being retrieved and processed by the recipient.
14.3. We reserve the right not to respond to any e-mail or other data message which contains obscene, threatening, defamatory or otherwise illegal, unlawful or inappropriate content, and to take the appropriate action against the sender of such e-mail where necessary. We reserve the right not to respond to any message that may be in any language other than English.
14.4. You agree that data messages sent to this Site will not be regarded as confidential unless otherwise agreed in writing.
15.1. Arbitration. Any dispute between the parties arising out of or in connection with your visit to the Site or from this Agreement must be submitted to confidential arbitration. Such arbitration will be held in Johannesburg (South Africa), subject to the arbitral law of South Africa. The parties consent to the sole jurisdiction of the High Court of South Africa in adjudicating disputes arising from or connected with the arbitration. The Arbitration Foundation of South Africa will act as the appointing authority.
15.2. Urgent Relief. The aforegoing will not restrict our right to apply to a competent court for relief should its intellectual property rights be violated or threatened, and the parties consent to the jurisdiction of the Cape Division of the High Court of South Africa for such purposes.
16.1. Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
16.2. Applicable Law & Jurisdiction. 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.
16.3. Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
16.4. No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
16.5. Representatives. Any parties hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
16.6. Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable for any reason, this will not affect the application or enforceability of the remainder of this Agreement.
16.7. Broken Links. Notwithstanding the fact that hyperlinks in these terms and conditions to certain documents should be deemed part of these terms and conditions in terms of section 11 of the Electronic Communications and Transactions Act 25 of 2002, the fact that some or all of the hyperlinks may be non-operational, will not play a role in determination of the validity and interpretation of these terms and conditions.
1. Specific Terms and Conditions
3. Description of Service
6. Service Feasibility
7. Hosting Services Generally
8. Web Hosting, Shared and Cloud Server Hosting
9. Dedicated Hosting
10. Collocation Hosting
11. Hosting Support
12. Bandwidth and its Measurement
13. Domain Name Registration Services
14. Backup Services
15. Remote Hands
17. Access to the Premises
18. Service Levels
19. Effect of Termination
1.1. These Service Terms are entered into subject to the Aurora Digital Standard Terms, which are incorporated by reference. Unless this document states otherwise, it will be subject to the Standard Terms, including the definitions and rules of interpretation contained in them.
1.2. The Customer hereby appoints Aurora Digital to perform the Services as described in these Service Terms and Aurora Digital hereby accepts the appointment.
2.1. "Remote KVM / IPMI" means a method by which the Customer is able to control the Customer Equipment from a remote location by means of the Internet and which simulates the operation of a keyboard and pointer device (mouse) as well as presenting a screen approximating the screen that the Customer's employee would see if he was present at the Premises.
3.1. Aurora Digital will provide the Service described in the relevant Service Order as provided for in these Service Terms.
4.1. The Service will be provided indefinitely until terminated as described in the Standard Terms.
5.1. Customer must pay the fees as specified in the Service Order. The Standard Terms describe how payment is to be made.
5.2. Failure to make payment within 30 days of the invoice due date will result in the termination of the invoiced services. Including website data, databases, backups and all information regarding the invoiced service
6.1. Aurora Digital cannot guarantee the provision of the requested Service upon the receipt of an order.
6.2. Provision of the Service is subject to Aurora Digital confirming that it is technically feasible to do so.
6.3. Applicants will be formally notified after receipt of an order on whether or not the Service can be provided.
6.4. If the requirements of clause 6.2 are not met, the Agreement will terminate.
7.1. Aurora Digital may provide SMTP mail services by default with hosting packages.
7.2. If a Customer utilises internet traffic above the level agreed in the Service Order, Aurora Digital reserves the right to suggest suitable alternatives to the Customer and / or charge for excessive traffic as it deems necessary at its sole discretion.
7.3. Aurora Digital reserves the right to suggest suitable alternatives to the Customer for excessive web server processor usage as it deems necessary.
7.4. Aurora Digital reserves the right to move a website between web servers and internet backbones, both within South Africa and internationally as it deems necessary.
7.5. Aurora Digital reserves the right to stop providing certain web hosting package types if it deems it necessary. Aurora Digital will then either provide the web hosting service for the remainder of the time that has been paid for or refund the amount paid for that specific package or provide the nearest equivalent package.
7.6. In the case of virtual servers, Aurora Digital also may, at its discretion, restrict server to 200 IOPS (Input Output Operations per Second) where a Customer’s use of available virtual resources is negatively affecting the overall environment.
Aurora Digital will make a server available to the Customer, on the following terms:
8.1. Aurora Digital will make available a user account on a server for the Customer, but the Customer will not have exclusive use of the server.
8.2. The server will, subject to the reasonable security measures described elsewhere in this document, be "live" and accessible by general users of the WWW, unless the Customer explicitly requests otherwise.
8.3. The server will either be under the physical control of Aurora Digital or will be a “cloud” server in the possession of a third party but under the control of Aurora Digital.
8.4. A physical server will at all times remain the property of Aurora Digital and the possession of any server will not pass to the Customer under any circumstances.
8.5. Aurora Digital will be responsible for the setup of the server at the commencement of the Service Order. The server will be set up with the Software necessary to allow the Customer to make use of it as contemplated in the Service Order. Aurora Digital may at its discretion charge a setup fee in this regard.
8.6. Aurora Digital will be responsible for the maintenance of the server, which will include at its sole discretion effecting upgrades to the Software installed on the server which is necessary to provide the Service, or repairs and upgrades to the hardware in the server.
8.7. Aurora Digital will allow the Customer access to the server by way of the Internet in such a way as allow the Customer to use it for the purpose or purposes set out in the Service Order.
8.8. The Customer may be granted access to email accounts if so stipulated in the Service Order.
8.9. Aurora Digital will provide the Customer with internet connectivity from the Server, and bandwidth as set out in the Service Order.
8.10. Despite the content of clause 8.5:
8.10.1. Aurora Digital will not be responsible for the effect of any Software that the Customer may install or have Aurora Digital install on the server; and the Customer will be liable for any increased bandwidth used as a result of the installation of such Software.
8.10.2. Should any Software installed on the server by the Customer or by Aurora Digital on the instructions of the Customer interfere with Software installed on the server by another customer, or should such Software threaten the security of the System, Aurora Digital may take any steps it at its sole discretion deems necessary to remedy the problem including without limitation:
18.104.22.168. taking over administration of that Software on the server,
22.214.171.124. removing the Software from the server,
126.96.36.199. suspending the Customer's access to the server, or
188.8.131.52. relocating the Customer's account to another server.
8.10.3. The service INCLUDE
184.108.40.206. Disk space on respective servers
220.127.116.11. Power to servers
18.104.22.168. Internet connectivity to Servers
8.10.4. The service does NOT INCLUDE
22.214.171.124. Fixing websites
126.96.36.199. Fixing and / or resolving 3rd party software
188.8.131.52. Providing support to Resellers clients
184.108.40.206. The above excluded list may be performed by Aurora Digital, however will be deemed professional services and will incur additional fees 8.11. Migration of websites or changing of packages 8.11.1 The service does NOT INCLUDE 220.127.116.11. Fixing websites 18.104.22.168. Fixing and / or resolving 3rd party software 22.214.171.124. Providing support to Resellers clients 126.96.36.199 Backing up your emails 188.8.131.52 Updating the DNS records on your domains names
11.1. Aurora Digital’s support methodology utilizes the emergency room approach, where problems are graded for severity and responded to accordingly. Service outages of any type always receive top priority, followed by service-degrading factors, and general questions about server management. This ensures every Customer will receive the best support during the appropriate situation. Aurora Digital’s experienced support team is available via e-mail and telephone from 08h00 - 17h00 SAST, Monday through Friday. Support issues reported via e-mail or via the Provider’s trouble ticketing system outside of the Provider’s standard support hours are responded to and resolved as quickly as possible. Aurora Digital’s infrastructure is monitored by its advanced monitoring system, which checks the integrity and stability of the entire infrastructure every 30 seconds. Should a fault occur, the Provider’s technical staff are notified by sms and e-mail.
11.2. However, Aurora Digital will be obliged to provide hosting support in respect of errors in the System only and, without limiting the aforegoing, will not be obliged to render assistance in respect of any of the following:
11.2.1. any error in the Customer System;
11.2.2. any error in third party equipment or Software.
11.2.3. give support for any system or software that is not provided by Aurora Digital including but not limited to Microsoft solutions, internet browsers or any other 3rd party applications
11.3. If any ad hoc services are provided to the Customer by Aurora Digital which are not set out in a Service Order or otherwise reflected in this document, Aurora Digital will undertake such services on a Time and Materials basis; such services include without limitation the following:
11.3.1. development of any computer programme, including scripting;
11.3.2. Database development, including the creation of stored procedures, structures and triggers;
11.3.3. assistance with and debugging of Customer’s computer programmes; and
11.3.4. project management.
11.4. Should Aurora Digital need to relocate the Customer Equipment within the Aurora Digital Premises this will be treated as set out in the Standard Terms with the proviso that this will be done on no less than 5 (five) Business Days’ notice to the Customer.
11.5. If there is scheduled maintenance to be done the Customer will be notified at least 24 hours in advance. The scheduled maintenance will always be done after hours (based on Central African Time (CAT)) and the web server downtime will be kept to a minimum.
The following provisions will apply in respect of bandwidth:
12.1. Aurora Digital will provide the Customer with access to a Software application that will allow the Customer to monitor its use of bandwidth, where available / applicable;
12.2. The Customer will have a duty to monitor its use of bandwidth.
12.3. Aurora Digital however makes no warranty as to the accuracy of the information returned by such Software and particularly notes that the information reflected by it may be up to 48 (forty eight) hours out of date.
12.4. The Customer's use of bandwidth will be charged for as set out in the Service Order.
12.5. Should a Service Order include access by the Customer to a certain amount of bandwidth and the Customer exceeds this quantity, Aurora Digital will charge the Customer for such excess bandwidth at a rate to be determined by Aurora Digital from time to time. Information regarding such excess rate will be available on the Aurora Digital Fee Schedule.
13.1. If the Customer so requests in a Service Order, Aurora Digital will register or renew an internet domain name or domain names on behalf of the Customer, subject to and upon payment of Aurora Digital’s Fee for doing so.
13.2. If Aurora Digital is not the registrar for a particular namespace it may make use of the services of accredited domain name registrars in provisioning domain names to the Customer. In that case, while Aurora Digital strives to ensure that registration and subsequent DNS propagation is effected in the shortest period of time, Aurora Digital cannot be held liable for any delays that may accompany the registration of domain names.
13.3. Where Aurora Digital is an accredited registrar or reseller for a particular namespace, the Customer will be required to agree to the terms of the registrant agreement in respect of that name space before Aurora Digital will provision a domain name in that name space for the Customer.
13.4. Whether Aurora Digital is the registrar for a namespace or not, the Customer will be bound by the terms and conditions of the relevant domain name space under which any domain name registered on its behalf falls, and should become familiar with them. Aurora Digital may post links to these terms and conditions purely as a convenience to the Customer.
13.5. Aurora Digital does not operate an advisory service in respect of domain names, and makes no warranty that the Customer will be able to lawfully hold any particular domain name.
13.6. Any amount paid by Aurora Digital to register or renew a domain name or to set-up the domain name on the Aurora Digital System is not refundable.
13.7. Premium domains: As various registries worldwide mark high value domains as premium domains, these domains cost more. The provider 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 domain which is a premium domain / marked / reflected as premium, the Customer will be given the opportunity to pay the premium domain name fee or a refund of the price paid will be given to the customer and the premium domain will be marked for deletion.
13.8. Domain Availability: Aurora Digital makes every effort to display accurate domain availability data and every attempt to secure a domain for the customer. On searching for a domain name via our / the registry WHOIS, the WHOIS service may show the domain as available however said domain may already be reserved / allocated / registered by another registrar or by another registrant. Aurora Digital shall not be held responsible in the event of a Customer registering / paying for a domain while the WHOIS reflects different information. Aurora Digital shall remit a full refund to the Customer in cases where this happens.
13.9. Time lapse between domain availability search and payment: As there is a time delay between the domain availability search, and the payment of the said domain, it may be possible that multiple parties are registering the same domain at the same time, the domain will be provisioned to the party that has paid first and the registry will reflect this party as the registrant.
13.10. Redemption Period: should a domain, .com, .net .co.za or any other local or international TLD enter the redemption period (This is the period after suspension by the Registry) there will be an addition cost to renew / take out of redemption as stipulated by the registry. Said redemption cost varies between Registries and includes the cost of renewal of domain for the next year.
13.11. Aurora Digital will send the Customer a notification per email a reasonable time before the expiry of any domain name registration, but the Customer nonetheless has the duty to ensure that it renews any domain name in good time. Aurora Digital will not be liable for any damage suffered by the Customer as a result of its failure to renew a domain name.
13.12. When making a payment for a renewal of a domain name and the payment reference used cannot be matched to the client / clients account / domain name, Aurora Digital cannot be held liable for the domain name going into redemption or if additional costs are incurred due to incorrect references used.
13.13. In registering or renewing a domain name on behalf of the Customer, Aurora Digital will collect and transmit the Customer’s Personal Information to the registrar, which will in turn transmit it to the registry. Certain Personal Information will be available for public access via a public WHOIS service, and will be subject to escrow storage by a third party escrow agent. The Personal Information may be transmitted offshore. The Customer consents to the collection and processing of its Personal Information for those purposes.
13.14. The Customer warrants that in applying for or using any domain name it is not infringing the intellectual property rights of any third party. If any domain name dispute is brought in respect of a domain name registered by the Customer or on behalf of the Customer by Aurora Digital:
13.14.1. Aurora Digital may furnish a third party with the Customer’s name and address and thereafter refer all correspondence relating to the matter to the Customer; and
13.14.2. The Customer indemnifies Aurora Digital in respect of all costs incurred by Aurora Digital should Aurora Digital be obliged to defend the dispute, including the adjudicator’s fees and attorneys’ fees on the scale as between attorney and own Customer, whether Aurora Digital is the registrant of the domain name or not.
13.15. Aurora Digital may in certain circumstances provide discounted or free domain name registration services, on the understanding that the Customer will make use of one of Aurora Digital’s hosting services for the domain name(s) concerned. Free domain services will never be provided in isolation. If the Customer terminates this Agreement or transfers the domain name to another service provider within three (3) months after the date that the domain name was registered, Aurora Digital reserves the right to claim payment from the Customer of its normal fees and expenses for registering the domain name(s) in question.
13.16. Payments for a domain name registration are non-refundable. Once a domain name is registered, the WHOIS database stores the information and it is kept there for a period of one year, until the date of renewal (‘Domain Parking’). Domain registration payments will NOT be credited or refunded.
13.17. The Registrant Name Holder has up to 7 days after the Domain Expiry date to renew the domain. After which time the domain will enter the redemption Grace Period
13.18. Once a Domain Name has entered the Redemption Grace Period, The Registrant Name Holder will incur an additional Redemption fee penalty should the Registered Name Holder request the domain name to be renewed or restored.
14.1. Customers are solely responsible for backing up their data and Aurora Digital strongly encourages ALL Hosting Customers to do so as frequently and completely as possible. Aurora Digital will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
14.2. Aurora Digital may, in certain instances, offer a separate backup service in conjunction with hosting Services, and will make such backups available to Customers on request as and when they are available. However, Aurora Digital does not warrant or guarantee the availability, completeness or “up to date” status of such backups. Aurora Digital offers a website backup service at an additional fee and strongly recommends all customer to subscribe to this service in order to backup their website and / or data
14.3. Customers are ultimately responsible for their own data, and Aurora Digital strongly encourages such Customers to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
14.4. Aurora Digital also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the Customer’s own risk and discretion - whether restored by Aurora Digital by instruction from Customers or by Customers themselves. Aurora Digital will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to Customers on request.
15.1. Aurora Digital will provide an environment suitable for the purposes of rendering the Services including but not limited to:
15.1.1. redundant electrical power supply;
15.1.2. air conditioning so as to maintain the Aurora Digital Premises within a temperate range reasonable as determined by Good Industry Practice;
15.1.3. fire suppression at a level reasonable as determined by Good Industry Practice;
15.1.4. redundant switching infrastructure;
15.1.5. Closed-circuit television monitoring;
15.1.6. Facilities monitoring at a level reasonable as determined by Good Industry Practice;
15.1.7. Access control at a level reasonable as determined by Good Industry Practice;
15.2. Notwithstanding the above, Aurora Digital gives no warranty in this regard beyond that given in the Standard Terms.
16.1. In the event that the Aurora Digital is providing a collocation hosting Service as described above, Aurora Digital will provide to the Customer, its employees, authorised representatives or agents, access to the Premises for the purposes of installation, testing, commissioning, operation, repair, upgrade and maintenance of the Customer Equipment at all times, subject to the following:
16.1.1. the Customer will provide Aurora Digital with reasonable written notice of its intention to access the Aurora Digital Premises,
16.1.2. access will be subject to such reasonable security procedures as may be determined by Aurora Digital from time to time,
16.1.3. the Customer notes that Aurora Digital may not be the owner of the premises and consequently undertakes to comply with any conditions for access imposed by the owner, and
16.1.4. Aurora Digital reserves the right to insist that a Aurora Digital employee be present at all times contemplated in this clause
16.2. Otherwise than as set out in clause 16.1, the Customer will not be allowed access to the Aurora Digital Premises unless such access is agreed to in writing by Aurora Digital, which may impose whatever conditions it sees fit in order to ensure the security of the Aurora Digital Premises including without limitation the presentation of appropriate identification such as a South African identity document, passport or driver’s license.
16.3. No person not in the employ of Aurora Digital will be granted access to the Customer Equipment without the prior written consent of the Customer, save in the event of an emergency.
17.1. The uptime guarantees, and the resulting SLA (Service Level Agreement) credits, are applied in monthly terms unless otherwise specified. All SLA guarantees and information listed below are made in good faith and are subject to standard contract remedies.
17.2.1. To properly claim an SLA credit, the dedicated server Customer must open an SLA ticket, located at http://support.auroradigital.co.za, within seven days of the purported outage. The Customer must include service type, IP Address, contact information, and full description of the service interruption including logs if applicable.
17.2.2. The SLA claim will be researched by the appropriate department and any credit issued will be issued to accounting and the ticket will be updated. SLA credits are issued as service credits on future billing cycles. SLA credits shall not be bartered, or traded with other auroradigital.co.za Customers. Please allow up to fourteen (14) days for the processing of SLA claims.
17.2.3. Aurora Digital will credit the Customer pro rata for the Fees paid for the period during which the Service was unavailable.
17.2.4. The Customer may not claim damages, either direct or indirect, from Aurora Digital in respect of the downtime, and this will be the only compensation that the Customer can claim from Aurora Digital in this regard, despite any differing provision of the Standard Terms.
17.2.5. The liability of Aurora Digital for failing to achieve the minimum service availability in terms of the section above, will be limited to Aurora Digital issuing a SLA credit to the Customer, as defined in section SLA Credit Claim and shall never exceed a single month’s billing paid by the Customer.
17.3. Service Levels and Omissions: For the purpose of this section, service availability shall mean the availability of the data traffic, sufficient power, and HVAC services, measured from 0:00 to 0:00 each day over a one month period, provided that no one month period shall be used more than once for the purpose of calculating penalties in terms of the section below.
17.4. Infrastructure: Aurora Digital guarantees 99.9% uptime on service availability to Customers located in its hosting facilities. All computer equipment and related services are served by redundant UPS power units, with backup onsite diesel generators. All servers are connected to Aurora Digital’s redundant gigabit network infrastructure. Specific guarantees with SLA information are listed in the table below.
17.5. Hardware: Aurora Digital guarantees the replacement of failed hardware, and hardware components, located within its hosting facilities. Aurora Digital guarantees a failed hardware component will be replaced within four business hours of Customer notification in the trouble ticketing system. Replacement of failed hardware does not include time required to reload the operating system or applications. Specific guarantees with SLA information are listed below.
17.6. Exclusions: Customers shall be entitled to service availability of 99.9 % uptime, subject to the exclusion of:
17.6.1. Customers currently in arrears for monthly services, do not qualify for SLA claims.
17.6.2. Customers who have been in payment arrears three or more times in the previous twelve months, do not qualify for SLA claims.
17.6.3. Network, or Power maintenance, enhancements, upgrades and modifications thereto do not qualify for SLA claims.
17.6.4. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, malicious or aggressive internet activities by the Customer, thereby causing attacks or counter-attacks.
17.6.5. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, upstream network service providers such as Telkom.
17.6.6. Downtime, outage, interruption in, or unavailability of, the services arising out of, or caused by, any network, or telecommunication facilities, which do not reside inside Aurora Digital’s network.
17.6.7. Downtime, outage, interruption in, or unavailability of, the services arising out of any force majeure.
17.6.8. Downtime, outage, interruption in, or unavailability of, the services caused by any action, or omission of the Customer, including but without limitation to, operating errors, abnormal operating conditions, improper use, misuse, neglect or abuse of the services.
17.7. Aurora Digital makes use of upstream providers to itself provide the Services, and consequently service levels are subject to the performance of such upstream suppliers. As a result, Aurora Digital can only provide the Service on a “reasonable effort” basis and makes no warranties as regards quality of the Services, including data throughput and availability of the Services.
17.8. The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Customer’s access, for which Aurora Digital accepts no responsibility.
18.1. Termination, by the Customer or Aurora Digital, will result in any data being permanently removed from Aurora Digital’s servers. Customers are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. Aurora Digital will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Aurora Digital will be made for legal purposes and not for data retention purposes and will not necessarily be made available to customers on request.
19.1. auroradigital.co.za offers a 60 Day Money-back Guarantee if you are not satisfied with our service. We believe in our products and services and will provide either a full return, or a partial return of money, dependant on usage and / or product in question.
19.2. auroradigital.co.za does reserve the right to reject a refund if the service has been partially or wholly utilised by the client.
We want to make the money back guarantee simple, so we are listing below what it does not include, or is subject to. Exclusions from this guarantee:
19.3. all domain registrations, renewals and transfers. Domains are paid upfront by auroradigital.co.za, therefore we are unable to offer any money back on domain registrations, renewals or transfers.
19.4. ADSL - subject to auroradigital.co.za’s assessment of usage. There have been instances where a client has taken out a capped ADSL account, utilised the majority of it and said then demanded a refund. Any and all licenses as these are paid up front
19.5. Costs incurred by the Provider that are either directly, or indirectly, related to services used by the Customer, shall not be refunded, e.g. Domain Registrations, ADSL connectivity, Modems, cPanel, Microsoft licenses etc
19.6. Where the product/service has been utilised by a client to promote their own business in any way whatsoever, shape or form. Again, we have been the target of unscrupulous clients. In this instance, a domain was registered for a competition – the hosting utilised - email marketing sent out, and then a request for a full refund was demanded
19.7. Where the client is in breach of our Acceptable Usage Policy
19.8. SSL Guarantee and Refund Policy:
Here at auroradigital.co.za we want to make sure that you are 100% HAPPY with our SSL products so we are able to offer you a 14 days SSL money back guarantee.
19.9. auroradigital.co.za includes a 14 day refund guarantee on GeoTrust®, Symantec™, Thawte®, RapidSSL® and Comodo® SSL Certificate products. We will cancel and refund or issue a credit for an order upon request by the Customer within 14 days. The refund / cancellation request must be made via our Customer control panel for the specific order in question. All refund / cancellation requests must be submitted within 14 days of the initial order date.
19.10. Any product subject to a successful refund/cancellation request must not be in use, must be un-installed and/or deleted. auroradigital.co.za may refuse to cancel and/or refund any order that is in use, not un-installed and/or not deleted. Basically, if you are fair on the request for a refund we will be fair in approving that refund.
20.1.1. Domains offer free installation of the SSL if hosted on our platform
The Provider has appointed Internet Service Providers' Association (ISPA) as its Agent for the receipt of Take-Down Notices, please contact them in this regard per the contact information below:
Address: PO Box 3423, Parklands, 2121
Telephone: +27 11 314 7751
All registrars must follow the Uniform Domain-Name Dispute-Resolution Policy (often referred to as the "UDRP"). Under the policy, most types of trademark-based domain-name disputes must be resolved by agreement, court action, or arbitration before a registrar will cancel, suspend, or transfer a domain name. Disputes alleged to arise from abusive registrations of domain names (for example, cybersquatting) may be addressed by expedited administrative proceedings that the holder of trademark rights initiates by filing a complaint with an approved dispute-resolution service provider.
23.1. The Customer’s affiliate commission, is not applicable to discounted store sign-ups, specials, domain registrations or renewals.
23.2. The Customer’s affiliate commission / revenue share, may vary as new products and services are supplied by the Provider to the Customer’s clients.
23.3. The Provider‘s auroradigital.co.za Affiliate commission will vary based on the product / service sold and excludes items as reflected in 24.1 above
23.4. Affiliate Revenue may only be withdrawn once it exceeds a value of R500.00
23.5. Upon receiving a written request from the Affiliate, this amount may be utilised toward the Affiliate’s paid account, or alternatively, it will be transferred via EFT.
23.6. Payment delay: the Provider does batch processing of payments once a month, therefore payment will be effected 30 days after your written request has been received.
Please read these Promotion terms and conditions (“Terms and Conditions) carefully. Participation in this promotion will constitute your agreement to comply with these Terms and Conditions. If you do not agree with these Terms and Conditions, please do not participate in this Promotion.
All participants during the term of this Promotion agree to be bound by the following terms and conditions:
1. As indicated on website.
2. The duration of the Promotion may be extended or curtailed at the discretion of the Aurora Digital Pty (Ltd).
3. To be eligible to participate in this Promotion the participant must be 18 years or older and be a legal resident of the Republic of South Africa; be a natural person and not a juristic entity, which juristic entity includes but is not limited to a Business to Business [B2B] partner of the Aurora Digital Pty (Ltd), cross border partner or retail partner of the Aurora Digital Pty (Ltd) (the product must be purchased in the participant’s name).
4.1. This Offer is provided at the sole discretion of the Aurora Digital Pty (Ltd).
4.2. The Offer is not transferable and may not be substituted or exchanged for cash or anything else.
4.3 Any attempt to use the unique number after the promotion date will not be entertained by the Aurora Digital Pty (Ltd).
5.1. Please insert your once of a kind unique offering code
6. The Aurora Digital Pty (Ltd) may in its sole discretion amend these Terms and Conditions at any time,without notice, and such amendments shall be deemed to have taken effect from the date of publication of the revised Terms and Conditions on the Aurora Digital Pty (Ltd)’s website www.auroradigital.co.za The onus rests on the participant to constantly check the website for updates to the Terms and Conditions.
7. The Offer is redeemable during the promotional period only.
8.1. To the extent permitted by Consumer Protection Act and any other applicable law:
8.1.1 The participant hereby indemnifies the Aurora Digital Pty (Ltd) against any direct, indirect, special, incidental, consequential or punitive damages or loss of any kind regardless of how this was caused, and whether it arose under the law of contract or delict or otherwise, because of the participants entrance to the Promotion.
8.1.2 The Aurora Digital Pty (Ltd) excludes all warranties (express or implied), representations and liabilities regarding this Promotion (other than for death or personal injury caused by its negligence and/or fraud).
9.1. In accordance with the confidentiality policies and practices of the Aurora Digital Pty (Ltd), none of the entry details of any participant in this Promotion will be disclosed or used by the Aurora Digital Pty (Ltd) for any purposes other than for entry into the Promotion.
9.3. Information regarding the Promotion that is published on authorized advertising material will also form part of the Terms and Conditions of the Promotion.
9.4. If this Promotion is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Aurora Digital Pty (Ltd), including but not limited to technical difficulties, unauthorized intervention or fraud, the Aurora Digital Pty (Ltd) reserve the right, in its sole discretion, to the fullest extent permitted by law: (a) to disqualify any entrant; or (b) to modify, suspend, terminate or cancel the Promotion as appropriate, subject to the approval of relevant regulatory authorities.
9.5. No liability shall lie against the Aurora Digital Pty (Ltd) in favour of any participant, winner(s) and/ or third party arising from such cancellation, suspension or termination. Therefore, the participant waives his/her right which they may have against the Aurora Digital Pty (Ltd) and hereby acknowledge that they will have no right of recourse or claim of any nature whatsoever against the Aurora Digital Pty (Ltd).
9.6. The Aurora Digital Pty (Ltd) reserve the right to correct any errors and omissions. These Terms and Conditions will supersede any errors or omissions on any publicly communicated documentation or marketing material.
9.7. Any dispute or claim arising out of or in connection with the Promotion shall be governed by and construed in accordance with the laws of the Republic of South Africa.
9.8. The Aurora Digital Pty (Ltd) accepts no liability or responsibility, whether occasioned by any circumstance not foreseeable and not within its reasonable control for late or delayed delivery of the Offer owing to, but not limited to, stock unavailability, strike, lock out, destruction of Offer on route by any means, any civil commotion or disorder, riot, threat of war, any action taken by governmental authority or public authority of any kind, fire, explosion, storm, flood, earth quake or other acts of God.
To the extent that the Terms and Conditions or any goods or services provided under the Terms and Conditions are governed by the Consumer Protection Act, 2008 (the "Consumer Protection Act"), no provision of the Terms and Conditions are intended to contravene the applicable provisions of the Consumer Protection Act, and therefore all provisions of the Terms and Conditions must be treated as being qualified.
Aurora Digital is committed to complying with the laws of South Africa; and to providing Customers with Services that do not infringe on the rights of others. The purpose of this AUP is to:
• ensure compliance with the relevant national laws;
• specify to Customers and users of Aurora Digital’s services what activities and online behaviour may be considered as an unacceptable use of the service;
• protect the integrity of Aurora Digital’s network; and
• specify the consequences that may flow from undertaking prohibited activities.
By contracting with Aurora Digital for services, the Customer agrees, without limitation or qualification, to be bound by this AUP, as well as any other additional terms, conditions, rules or policies which are displayed to the Customer in connection with the particular Services.
This document contains a number of legal obligations which Customers are presumed to be understand. As such, we encourage you to read this document thoroughly and direct any queries to our sales department by email firstname.lastname@example.org. auroradigital.co.za respects the rights of our customers and users of our services/websites to freedom of speech and expression; access to information; privacy; human dignity; religion, belief and opinion in accordance with our constitution. We undertake not to interfere with any of those rights unless:
• we are required to do so by law;
• those rights are exercised for unlawful purposes;
• the exercise of those rights threatens to cause harm to another person,
• actions contrary to the AUP affect the integrity of our network or infrastructure.
For the purposes of this AUP auroradigital.co.za / Aurora Digital will be referred to at the ‘Provider’, the client/account holder shall be referred to as the ‘Customer’, and the client’s customers if any, will be referred to as the ‘End User’.
The provisions of this Policy are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this Policy, is prohibited. The Provider reserves the right at all times to prohibit activities that may damage its commercial reputation and goodwill. The AUP applies to Aurora Digital services namely Internet services, including but not limited to, any service providing access to the Internet, hosting services (data/content hosting, server hosting, web hosting, domain reservation) or any other services provided over the Internet or wireless data networks (together "IP Services").
The Provider’s services may only be used for lawful purposes and activities. Transmission, distribution, or storage, of any material in violation of any applicable law or regulation, is prohibited. This includes without limitation:
• Any violation of local and international laws prohibiting child pornography; obscenity; discrimination (including racial, gender, religious or country of origin) and hate speech; or speech which may incite violence or hatred or prejudice, or threats to cause bodily harm.
• Any activity designed to defame, abuse, stalk, harass or physically threaten any individual in the Republic of South Africa or beyond its borders; including any attempt to link to, post, transmit or otherwise distribute any inappropriate or defamatory material.
• Any violation of Intellectual Property laws including materials protected by local and international copyright, trademarks and trade secrets. Moreover the Provider cannot be held liable if the Customer and / or End User makes any unlawful use of any multimedia content accessed through the search facility provided by the Provider’s network or infrastructure, or otherwise available through access to the Provider’s network, whether for commercial or non-commercial purposes.
• Any violation of the individual's right to privacy, including any effort to collect personal data of third parties without their consent, or any phishing attempts, or any system designed to collect personal information, under false, misleading, or any other pretences.
• Any fraudulent activity whatsoever, including dubious financial practices, such as pyramid schemes; the impersonation of another Customer and / or End User without the Customer’s and / or End User’s consent; or any attempt to enter into a transaction with the Provider, on behalf of another Customer and / or End User without that Customer’s and / or End User’s consent.
• Any violation of the exchange control laws of the Republic of South Africa.
• Any activity that results in the sale, transmission, acquisition or distribution of pirated or illegal software and multimedia.
Aurora Digital will take swift and firm action against any user engaging in any of the above unacceptable practices, this may be suspension and / or deletion of accounts and or services. The suspension and / or deletion will be at the sole discretion of Aurora Digital management and no communication / correspondence and / or discussions will be entered into.
Aurora Digital regards all unsolicited bulk email (whether commercial in nature or not) as spam, with the following exceptions:
• Mail sent by one party to another where there is already a prior relationship between the two parties and the subject matter of the message(s) concerns that relationship;
• Mail sent by one party to another with the explicit consent of the receiving party.
• Customers should only receive bulk mail that they have requested and/or consented to receive and/or which they would expect to receive as a result of an existing relationship.
Aurora Digital will take swift and firm action against any user engaging in any of the following unacceptable practices:
• Sending unsolicited bulk mail for marketing or any other purposes (political, religious or commercial) to people who have not consented to receiving such mail.
• Using any part of Aurora Digital’s infrastructure for the purpose of unsolicited bulk mail, whether sending, receiving, bouncing, or facilitating such mail.
• Operating or maintaining mailing lists without the express permission of all recipients listed. In particular, Aurora Digital does not permit the sending of "opt-out" mail, where the recipient must opt out of receiving mail which they did not request. For all lists, the sender must maintain meaningful records of when and how each recipient requested mail. Aurora Digital will also monitor Customers deemed to be operating “cleaning lists”, which is using illegally obtained email addresses but removing addresses as complaints arise. Should Aurora Digital, at its discretion, believe that this is the case; the practice will be treated as SPAM.
• Aurora Digital servers are set to limit outgoing mails to 350 per hour.
• Failing to promptly remove from lists invalid or undeliverable addresses or addresses of unwilling recipients or a recipient who has indicated s/he wishes to be removed from such list, or failing to provide the recipient with a facility to opt-out.
• Using Aurora Digital's service to collect responses from unsolicited email sent from accounts on other Internet hosts or e-mail services that violate this AUP or the AUP of any other Internet service provider. Advertising any facility on Aurora Digital’s infrastructure in unsolicited bulk mail (e.g. a web site advertised in spam).
• Including Aurora Digital's name in the header or by listing an IP address that belongs to Aurora Digital in any unsolicited email whether sent through Aurora Digital's network or not.
• Should our IP address get blacklisted due to the sending of unsolicited bulk mail for marketing or any other purposes the cost to delist the IP address will be billed to the client’s account. This fee may vary depending on the SORBS blacklisting dbase.
• Upon receiving the second written notice of spam, your account will be suspended until the problem is rectified and your mail limits reduced indefinitely.
• Aurora Digital reserves the right to provide services to any Customer. Should the Provider not wish for any reason to provide said services, the Provider may ask the Customer to move said services to another provider with immediate effect.
Where any user resides outside of the Republic, permanently or temporarily, such user will be subject to the laws of the country in which s/he is currently residing and which apply to the user as well as the Laws of South Africa. On presentation of a legal order to do so, or under obligation through an order for mutual foreign legal assistance, Aurora Digital will assist foreign law enforcement agencies (LEAs) in the investigation and prosecution of a crime committed using Aurora Digital's resources, including the provisioning of all personal identifiable data.
Due to the nature of a shared Web Hosting environment, a Customer’s website, or usage of the shared Hosting Service, may adversely affect the network or server performance for the majority of the Provider’s hosting customers. The Provider reserves the right to ask the Customer to upgrade to the relevant, or suitable service option, or to correct the issue, or request the customer to migrate his services to another more suitable provider. The Provider reserves the right to terminate the Customer’s Services should the Customer fail to comply with the requests. The Provider reserves the right to migrate or move a customer’s website to a “quarantine zone” until the issues have been corrected.
“Unlimited Bandwidth” the Provider employs complex mechanisms to protect its Customer and / or End User and systems from abuse. The Provider’s offering of “unlimited bandwidth” is not intended to allow the actions of a single, or a few Customers, to unfairly or adversely impact the experience of other Customers.
The Provider’s shared web Hosting platform is intended for hosting a website with relevant content and function for a personal, SME, or small home business without the concern of traffic overages or over use. It is NOT intended to support the sustained demand of large enterprises, internationally based businesses, or non-typical applications better suited to a cloud or dedicated server.
The Provider strictly prohibits the use of the shared web hosting platforms and / or cloud server solutions for any unsolicited bulk email. Bulk emailing of this nature has a negative impact on the other customers email delivery. In some cases even marketing emails sent out to clients will be blocked due to the shared hosting environment. The Provider prohibits the use of the shared webhosting service disk space to be utilised for purposes other than its intended function: content hosting, personal and small enterprise email and relevant web files.
• The usage of a shared hosting account as a backup or storage device is not permitted.
• The following are examples of unacceptable material which cannot be hosted on the Provider’s shared hosting servers:
o IRC Scripts/Bots
o Proxy Scripts/Anonymizers
o Pirated Software/Warez
o Image Hosting Scripts (similar to Photobucket or Tinypic)
o AutoSurf/PTC/PTS/PPC sites
o IP Scanners
o Bruteforce Programs/Scripts/Applications
o Mail Bombers/Spam Scripts
o Banner-Ad services (commercial banner ad rotation)
o Auto Blogging Scripts
o Search Engine Scripts/Spiders/Bots
o File Dump/Mirror Scripts (similar to rapidshare)
o Commercial Audio Streaming
o Escrow/Bank Debentures
o High-Yield Interest Programs (HYIP) or Related Sites
o Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
o Sale of any controlled substance without prior proof of appropriate permit(s)
o Prime Banks Programs
o Lottery/Gambling Sites
o Hacker focused sites/archives/programs
o Sites promoting illegal activities
o Forums and/or websites that distribute or link to warez/pirated/illegal content
o Bank Debentures/Bank Debenture Trading Programs
o Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
o Push button mail scripts
o Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc.)
o Tell A Friend Scripts
o Anonymous or Bulk SMS Gateways
o Otherwise circumventing the Acceptable Use Policy or intended use of the product.
Aurora Digital offers unlimited bandwidth (web traffic) usage on Shared Hosting platforms. However, this is subject to reasonable and responsible usage, as determined at Aurora Digital's discretion. Shared Hosting is designed for serving personal hosting requirements or that of small enterprises, and not medium to large enterprises. Aurora Digital reserves the right to move Customers deemed to have excessive bandwidth usage to a Cloud product, which will better suit their requirements. Customers will be given notice as such, and will be informed of any cost implications.
Disk Space on Shared Hosting may only be used for Website Content, Emails and related System Files. General data storage, archiving or file sharing of documents, files or media not directly related to the website content is strictly prohibited. Unauthorised storage or distribution of copyrighted materials is prohibited, via FTP hosts or any other means.
For Shared Hosting, Aurora Digital will implement security updates, software patches and other updates or upgrades from time to time, to maintain the best performance, at their sole discretion. Aurora Digital is under no obligation to effect such upgrades, or to rectify any impact such changes could potentially have to Shared Hosting Customers.
Aurora Digital will not be liable or responsible for the backing up, restoration or loss of data under any circumstances. Customers are solely responsible for ensuring their data is regularly backed up and for restoring such backups in the event of data loss or corruption.
The Provider will, at times, purge any email which has been stored on the shared hosting or reseller hosting server(s) for longer than 6 months (180 days).
The Provider does not provide technical support for website design, html, php or any other scripts.
E-Mail Accounts are restricted to a maximum size as per the package purchased. If this space is exceeded, this will result in e-mails being lost, e-mails being bounced, and the website being inaccessible.
Upon termination of the Customer’s agreement or services with the Provider, it is the Customer’s responsibility to backup and or move all the Customer’s files from the Provider’s servers prior to termination. All data is removed perminantly after date of termination.
Aurora Digital prohibits Customers from using Aurora Digital's service to harm or attempt to harm a minor, including, but not limited to, by hosting, possessing, disseminating, distributing or transmitting material that is unlawful, including child pornography and cyber bullying.
Aurora Digital prohibits Customers from using Aurora Digital’s service to host sexually explicit or pornographic material of any nature.
Customers are responsible for any misuse of Aurora Digital's services that occurs through the Customer's account. It is the Customer's responsibility to ensure that unauthorised persons do not gain access to or misuse Aurora Digital's service.
Aurora Digital urges Customers not to reply to unsolicited mail or "spam", not to click on any suggested links provided in the unsolicited mail. Doing so remains the sole responsibility of the Customer and Aurora Digital cannot be held liable for the Customer being placed on any bulk mailing lists as a result.
Where the Customer has authorised a minor to use any of the Aurora Digital's services or access its websites, the Customer accepts that as the parent/legal guardian of that minor, the Customer is fully responsible for: the online conduct of such minor, controlling the minor's access to and use of any services or websites, and the consequences of any misuse by the minor.
Complaints relating to the violation of this AUP should be submitted in writing to email@example.com. Complaints must be substantiated, and unambiguously state the nature of the problem and its connection to Aurora Digital’s network and services. Complaints in any language other than English will not be addressed.
Upon receipt of a complaint, or having become aware of an incident, Aurora Digital may, in its sole and reasonably-exercised discretion take any of the following steps:
• In the case of Customers, warn the Customer, suspend the Customer account and/or revoke or cancel the Customer’s Service access privileges completely;
• In the case of an abuse emanating from a third party, inform the third party’s network administrator of the incident and request the network administrator or network owner to address the incident in terms of this AUP and/or the ISPA Code of Conduct (if applicable);
• In severe cases suspend access of the third party’s entire network until abuse can be prevented by appropriate means;
• In all cases, charge the offending parties for administrative costs as well as for machine and human time lost due to the incident;
• Assist other networks or website administrators in investigating credible suspicions of any activity listed in this AUP;
• Institute civil or criminal proceedings;
• Share information concerning the incident with other Internet access providers, or publish the information, and/or make available the users' details to law enforcement agencies; and/or
• suspend or terminate the Service as provided for in the Agreement.
This policy applies to and will be enforced for intended and unintended (e.g., viruses, worms, malicious code, or otherwise unknown causes) prohibited usage.
• Aurora Digital reserves the right to amend or alter this policy at any time, and without notice to the Customer.
• Aurora Digital reserves the right to take action against any individuals, companies or organizations that violate the AUP, or engage in any illegal or unlawful activity while accessing Aurora Digital’s services, to the fullest extent of the law.
• Aurora Digital reserves the right, at its sole discretion, to act against other types of abuse not listed in this document and to investigate or prevent illegal activities being committed over Aurora Digital’s network.
• Aurora Digital does not waive its right to enforcement of this AUP at any time, or prejudice its right to take subsequent action, should Aurora Digital fail, neglect or elect not to enforce a breach of the AUP at any time.
• Aurora Digital reserves the right, at its sole discretion to cancel a customers services or account.
You are expected to use the Internet and other networks and services access through the services with respect, courtesy, and responsibility, giving due regard to the rights of other Internet users. We expect you to have a basic knowledge of how the Internet functions, the types of uses which are generally acceptable, and the types of uses which are to be avoided. Common sense is the best guide as to what is considered acceptable use.
The following words and phrases have these meanings in this document:
1.1. “Personal Information” has the meaning as defined in POPI.
1.2. “POPI” means the Protection of Personal Information Act 4 of 2013.
1.3. “Process” in relation to Personal Information means to collect, organise, store, modify, retrieve, refer to, distribute, or erase, or otherwise as defined in POPI.
1.4. Us”, “we” or “our” means Aurora Digital (Pty) Ltd t/a auroradigital.co.za, a company incorporated in terms of the company laws of the Republic of South Africa, and also includes reference to our holding company and its subsidiaries.
1.5. “Site” means Internet World Wide website at URL www.auroradigital.co.za.
1.6. “You” or the “user” means any person who accesses the Site for any purpose.
3.1. Where you submit Personal Information via the Site the following principles are observed in the handling of that information:
3.1.1. We will only collect Personal Information for a purpose consistent with the purpose for which it is required. The specific purpose for which information is collected will be apparent from the context in which it is requested.
3.1.2. We will only Process Personal Information in a manner that is adequate, relevant and not excessive in the context of the purpose for which it is Processed.
3.1.3. Personal Information will only be Processed for a purpose compatible with that for which it was collected, unless you have consented to an alternative purpose in writing or we are permitted by POPI or in terms of national legislation of general application.
3.1.4. We will not disclose any Personal Information relating to you to any third party unless your prior written agreement is obtained or we are required to do so by law.
3.1.5. We will destroy or delete any Personal Information that is no longer needed by us for the purpose it was initially collected, or subsequently Processed.
3.2. Note that, as permitted by POPI, we may use Personal Information collected to compile profiles for statistical purposes. No information contained in the profiles or statistics will be able to be linked to any specific user.
4.1. We may use standard technology to collect information about the use of this Site. This technology is not able to identify individual users but simply allows us to collect statistics.
4.2. We may utilise temporary or session cookies (a cookie is a small file that is placed on your hard drive) to keep track of users' browsing habits. This allows us to track your use of this Site as well as your visits to other websites. Other websites may also use these cookies to track your browsing habits.
4.3. Cookies by themselves will not be used to identify users personally but we may use them to compile de-identified statistics relating to use of services offered or to provide us with feedback on the performance of this Site. 4.4. The following classes of information may be collected in respect of users who have enabled cookies:
4.4.1. The browser software used;
4.4.2. IP address;
4.4.3. Date and time of activities while visiting the Site;
4.4.4. URLs of internal pages visited; and
4.4.5. referring websites, search engines and the like.
4.5. If you do not wish cookies to be employed to customise your interaction with this Site it is possible to alter the manner in which your browser handles cookies. Please note that, if this is done, certain services on the Site may not be available to you.
5.1. We will take appropriate, reasonable technical and organisational measures as required by applicable law to protect the information submitted to or collected by this Site from loss, misuse, unauthorised disclosure, alteration or destruction.