Absolute Hosting (PTY) LTD is a privately owned Company (hereafter referred to as the Service Provider)
This is an agreement between yourself, your organization (hereafter referred to as the Reseller)
By use of the Service Providers services you agree to comply with the Service Provider Reseller Agreement.
This agreement will automatically renew for the same successive period(s) specified by the Reseller on the initial order. This agreement will renew every month unless canceled via fax, e-mail prior to the renewal date and, in the case of fax or e-mail, after receipt of the reconfirmation. Renewal of services by Client indicates agreement to Contract revisions.
The Service Provider may from time to time change the terms and conditions on this agreement without prior notice.
Definitions
The Service Provider is a service provider, offering related Internet services over the Internet.
Reseller is a person, organization or entity who engages with The Service Provider for the purpose of reselling such services at discounted rates and resold provided that :
Support
Resellers are entirely responsible for providing technical support to all resold accounts or services hosted under the reseller’s account.
The Service Provider will not entertain the provision of support for resold accounts and should The Service Provider become aware of such a once off non compliance penalty of R500.00 shall be charged to the Reseller’s account per incident.
Financial Arrangements
Resellers are responsible for collection of payment for their resold accounts, and any default of payment for resold services cannot be passed to The Service Provider.
The reseller may not delay or default on payment to the Service Provider in the event that it has not collected payment from its resold account holder or the resellers client.
The Service Provider shall not be held liable for any taxes or other fees to be paid in accordance with or related to purchases made from Reseller for The Service Provider’s services. Resellers agree to take full responsibility for all taxes and fees of any nature associated with such product or service sold.
Administration & Account Management
All administrative functions remain the responsibility of the reseller including but not limited to reseller client account creation, creating domains, e-mail account creation, password management, e-mail client setup, domain transfers etc…
Domain Name Resellers & Domain Name Registrant Specific Policies
The Service Provider may determine and set a minimum quantity of active domains names which qualifies the Reseller for discounted pricing.
The Reseller agrees and acknowledges that the Service Provider may conduct audits as to the total number of active domain names as and when required.
In such event that the Reseller does not meet the Service Providers requirements based on the total number of active domain names, The Service Provider may change the Reseller’s account status to an end user and bill end user pricing for Domain Registrations, Domain Renewals and Domain Transfers.
The Service Provider provides the Reseller with a Control Panel or API Access including supported plugins to manage domain names.
The Service Provider’s services are provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. The Service Provider expressly disclaims any representation or warranty that the services offered will be error-free, secure or uninterrupted. No oral advice or written information given by the Service Provider, its employees, licensors of the like, will create a warranty; nor may you rely on any such information or advice. The terms of this Section will survive any termination of this Agreement.
The Service Provider does not entertain “domain squatting” nor domain name hijacking.
The reseller agrees to register all domain names under their account to the registered and legal “registrant”. The reseller agrees not to withhold any domain name, nor prevent any party from transferring a domain name to the registrants Registrar of choice.
The reseller may not register or transfer domain names which infringe on the rights of any individual, organization or trade mark holder.
The reseller agrees to register, transfer and administer domain names in accordance with published registry policies, local and international law.
The Reseller agrees to indemnify and hold harmless the Service Provider from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by the Service Provider (collectively, Claims) related to or in connection with any domain name registered under the Reseller’s Account. The terms of this Section will survive any termination of this Agreement
The reseller agrees that in the event that the Registrant files a complaint with the ZA Central Registry (ZACR), ZA Domain Name Authority (ZADNA), or Domains Dispute Tribunal, or The Service Provider that the Reseller will take immediate action to remedy to complaint and will be liable for any penalties, loss of income, client-attorney fees or attorneys fees related to such complaint.
Sub Reselling (Web Hosting)
Sub Reselling means that a Reseller purchases web hosting related services from the Service Provider and resells such services to a reseller of their own.
The Service Provider does not allow for any of its services to be resold to another party who intends on reselling such services. In the event that The Service Provider becomes aware of Sub Reselling, it shall notify its client and inform them of a breach of the Reseller Agreement and require that the Sub Reseller sign up for services directly with The Service Provider or that the Reseller cease all sub reselling with immediate effect. Failure to adhere to terms of this agreement may result in cancellation of services without notice.
Competency
Use of The Service Provider’s reseller services requires a minimum level of IT.& ISP related experience such as : Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Client’s web space by the Client.
Resellers should maintain a fundamental understanding of The Service Provider’s products, services, and features offered within its reseller web hosting services.
Resellers are expected to have a solid understanding of relevant Internet related technologies including, but not limited to DNS, HTML, diagnosing, FTP, Telnet, basic server-side scripting languages, and e-mail services.
The Reseller agrees that he or she has necessary knowledge to utilize The Service Provider’s service without reliance on The Service Provider’s support.
The responsibility to provide this knowledge or Customer Support outside of the defined service of The Service Provider is solely the Resellers responsibility.
The reseller agrees to self diagnose all issues reported by its clients until such time that he or she has exhausted all options before requesting The Service Provider to investigate and resolve such issues.
In the event that an issue is resolved by The Service Provider where the reseller has not investigated or taken necessary steps to diagnose such issues, or the reseller is able to resolve such issues without any support from the Service Provider, The Service Provider may charge to the resellers account in accordance with the Fees Schedule.
Software installation, script installation & support thereof
The Service Provider does not provide any software installation service. No reliance should be placed on any of the facilities provided by The Service Provider, including but not limited to control panels or any other software installation scripts.
The Service Provider’s shared hosting infrastructure supports any script, subject to the following conditions:
The script must be uploaded to a hosted web site via ftp.
The uploaded script must be unzipped or extracted prior to uploading.
The script must be configured or installed by accessing a web service or web based installation script which does not require any environment changes to the server in which it should be hosted on.
Any changes to the hosted environment must be supported by the control panel in which the server is managed, with exception to following conditions:
- ASP.Net Core Web Hosting
The script does not require elevated privileges, installation via an executable install package or MSI install package.
In the event that any script or application fails to run within the constraints of a shared hosted environment, the reseller acknowledges that he or she will need to purchase a dedicated server to host such application or script.
Application Support
In certain instances a reseller may require the assistance of a The Service Provider engineer to assist in the debugging of a supported script or its installation process. In such event, The Service Provider may provide limited advice at no additional cost, subject to the following conditions :
The installation or configuration changes are not documented on any of the The Service Provider knowledge base articles or forums.
The script is supported and known to run within the constraints of a shared Windows hosting environment.
The reseller is able to complete the installation without any input or change by a The Service Provider engineer.
The environment configuration information required for the application to function is not documented within the control panel.
In the event where a reseller is unable to install an application or debug an application issue which falls outside of the limitations of this agreement, or due to incompetency, The Service Provider may charge the resellers account in accordance with the Fees Schedule.
Fees Schedule
The Service Provider will charge the resellers account at a rate of R1500 per hour or part thereof, where the reseller is unable to meet the requirements of the reseller agreement.
Any amount billed to the resellers account may not be credited, refunded, or transferred and such amount must be paid within 7 days of receipt.
Password Policies
Resellers are advised to educate their clients about the importance of secure passwords, in particular E-Mail and FTP passwords. In the event of an account being compromised due to weak passwords, the reseller assumes and accepts all liability for such account and where applicable, any related penalties and fees shall be charged to the Reseller’s account.
Modification
The Service Provider reserves the right to add, delete, or modify any provision of this Policy at any time without notice.