Terms and Conditions
1. Introduction
These Terms and Conditions govern the provision of hosting, cloud infrastructure, virtual servers, email hosting, bulk email services, domain registration and all related services ("Services") provided by Wave Hosting ("the Company", "we", "our", "us") to the Customer ("Customer", "you", "your").
By ordering or using any Service, you agree to be bound by these Terms and Conditions.
2. Services
The Company provides, including but not limited to:
- Shared Web Hosting
- Business Web Hosting
- Email Hosting
- Bulk Email Services
- VPS Hosting
- Dedicated Servers
- Domain Registrations
- SSL Certificates
- DNS Services
- Website Migrations
- Website Backups
- Related Hosting Services
The Company reserves the right to improve, modify or discontinue any service at any time.
3. Customer Account
The Customer agrees to:
- Provide accurate information.
- Keep login credentials secure.
- Maintain current contact information.
- Be responsible for all activity under their account.
4. Billing
Services are billed:
- Monthly
- Quarterly
- Annually
- Biennially
depending on the selected billing cycle.
Invoices are payable before the due date.
Failure to pay invoices may result in suspension or termination of services.
5. Annual Price Adjustments
To accommodate increases in operational expenses, infrastructure costs, software licensing, electricity, bandwidth, security services and inflation, the Company reserves the right to apply an annual price adjustment.
Unless otherwise agreed in writing:
Service fees shall automatically increase by 5% (five percent) annually, calculated from the anniversary of the original service activation date or the annual renewal date, whichever applies.
The Customer acknowledges and accepts this annual adjustment upon subscribing to the Services.
The Company reserves the right to implement a higher increase where third-party supplier costs increase beyond 5%. In such cases, reasonable notice will be provided prior to renewal.
6. Service Renewals
All recurring services automatically renew unless cancelled before the renewal date.
Invoices generated for renewals remain payable whether or not reminder emails are received.
7. Domains
Domain registrations are subject to the applicable registry rules.
The Company cannot guarantee:
- availability
- successful registration
- renewal where payment is received late
Expired domains may enter redemption periods or become available to the public.
The Customer is solely responsible for ensuring domains are renewed before expiry.
8. Web Hosting
Customers may not:
- Host illegal content.
- Host malware.
- Host phishing websites.
- Host copyrighted material without permission.
- Host content prohibited by South African law.
Shared hosting is intended for normal website operation.
The Company reserves the right to suspend websites consuming excessive CPU, RAM, disk IO or database resources.
9. Email Hosting
The Customer agrees not to use hosted email services for:
- Spam
- Malware distribution
- Phishing
- Fraudulent activities
- Illegal communications
Mailbox storage quotas apply according to the selected package.
10. Bulk Email Services
Bulk email services are strictly permission-based.
Customers must only send email to recipients who have provided consent.
The following are prohibited:
- Purchased mailing lists
- Harvested email addresses
- Spam campaigns
- Misleading subject lines
- Forged sender information
The Company may immediately suspend any bulk email account generating excessive abuse complaints or blacklist events.
11. VPS Hosting
Customers are provided administrator access and are solely responsible for:
- server security
- firewall configuration
- operating system updates
- software installation
- backups
- malware prevention
The Company does not manage customer VPS instances unless a managed service agreement exists.
12. Resource Usage
Unlimited services are subject to fair usage.
Customers may not intentionally consume excessive system resources that negatively impact other customers.
The Company may require an upgrade where usage consistently exceeds normal shared hosting limits.
13. Backups
While the Company may perform routine backups, backups are provided as a courtesy only.
The Customer remains solely responsible for maintaining independent backups.
The Company shall not be liable for any loss of data.
14. Acceptable Use
The Services may not be used for:
- Illegal activity
- Copyright infringement
- Child exploitation material
- Hate speech
- Malware
- Cryptocurrency mining (unless specifically permitted)
- Network attacks
- Port scanning
- DDoS attacks
- Botnets
- Proxy abuse
- Open relays
- Torrent hosting
- Adult content where prohibited
Violation may result in immediate suspension without notice.
15. Service Availability
The Company aims to provide high service availability but does not guarantee uninterrupted operation.
Maintenance, third-party failures, power outages, internet failures and force majeure events may affect service availability.
16. Technical Support
Support is provided during published support hours.
Support includes:
- Hosting issues
- Email issues
- Server availability
- Network faults
Support excludes:
- Website development
- Software debugging
- Third-party application support
- Customer coding errors
unless covered by a separate support agreement.
17. Suspension
Services may be suspended for:
- Non-payment
- Spam
- Abuse
- Malware
- Security risks
- Court orders
- Breach of these Terms
Suspended services may incur a reactivation and a late payment fee if applicable.
18. Cancellation
Customers may cancel services via the customer portal or in writing.
Cancellation does not waive outstanding amounts already due.
No refunds are provided for unused portions of prepaid hosting unless required by law.
19. Limitation of Liability
To the fullest extent permitted by law, the Company's total liability arising from the Services shall not exceed the fees paid by the Customer for the affected Service during the three (3) months preceding the event giving rise to the claim.
The Company shall not be liable for:
- loss of profits
- loss of revenue
- business interruption
- indirect damages
- consequential damages
- data loss
20. Indemnity
The Customer agrees to indemnify and hold the Company harmless from any claims, damages, legal costs or losses arising from the Customer's use of the Services.
21. Privacy
Customer information will be handled in accordance with applicable South African privacy legislation.
22. Changes to these Terms
The Company reserves the right to amend these Terms at any time.
Updated Terms become effective upon publication on the Company's website.
Continued use of the Services constitutes acceptance of the revised Terms.
23. Governing Law
These Terms shall be governed by the laws of the Republic of South Africa.
Any disputes shall be subject to the jurisdiction of the South African courts.
24. Contact
For questions relating to these Terms, please contact:
Wave Hosting
Email: support@wavehosting.co.za
Website: www.wavehosting.co.za
