These terms and conditions govern the use of the indieHOST domain registration and hosting services.
By contracting with indieHOST for the services you will be lawfully regarded as having agreed
to your use of the services specified being governed by this Agreement.
The client or the client's agent certifies that he/she is above the age of 18 years, has full contractual capacity
and is duly authorised by the client to contract on client's behalf.
indieHOST registers domains on the Internet through the relevant governing bodies and hosts websites and related
material on the indieHOST server(s) on behalf of clients. These terms and conditions apply to the use and registration
of domain names and the web hosting services offered by indieHOST.
Domain registration may be discounted or offered free of charge with Hosting products,
depending on the nature and type of TLD (Top Level Domain).
This offer is based on the assumption that the domain (and site content) will be hosted with indieHOST for a reasonable period.
We reserve the right to, at our discretion, charge a parking fee where a minimum period (3 months) has not been observed
on the Hosting product before downgrading to a Parking product.
The fee will depend on the type of domain and applicable administration fees.
Initial Set-up fees are non-refundable. Domain Name Registration fees constitute a once-off payment subject to certain renewal charges.
Your free domain registration is provided with the clear assumption that you intend to host with indieHOST for the foreseeable future.
If your intention is to just use our free policy to get your domain registered
and then immediately cancel your hosting account then we will not pay for your registration.
If, however you do have a legitimate reason for cancelling your account immediately,
then we will review it on the merits and pay for your registration in good faith.
Our hosting and free registration is sold as a bundled package and cannot be separated,
i.e. we will not pay for your registration if it is not combined with any of our hosting accounts.
indieHOST reserves the right to charge a domain registration fee (in arrears) for any domain which is registered
as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up.
Such fee(s) will be invoiced exclusively at indieHOST's discretion, and no leniency extended to clients on previous occasions
will in any way prejudice indieHOST's right to enforce this clause. Such fees must be settled before any domain transfer
can be effected with the applicable registrar.
indieHOST will not tolerate any intended abuse of our free registration policy.
Any such abuse will result in the immediate termination of your account and Service Agreement.
indieHOST will register domains as per the clauses above,
but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees,
Redemption fees or any other fees which may become payable in respect of domain ownership.
Clients are exclusively responsible for such fees, and indieHOST will not enter into any disputes resulting from non-payment.
Should such domains be automatically renewed, clients will be billed for such renewal without exception.
Clients not wanting to continue with a specific domain must ensure that cancellation is effected before
any such renewal is actioned by indieHOST with the registrar concerned.
indieHOST will transfer existing (registered) domains from existing hosting providers to indieHOST's DNS and web servers.
Upon requesting the transfer, and accepting the Terms & Conditions, the client explicitly agrees
that they have the authority to do so, being the owner of the domain in question,
or having been nominated as an agent of the legal owner. The client thereby indemnifies indieHOST from any disputes
regarding ownership of the domain and any claims as a result thereof.
A cancellation request in respect of any Domain Registration or Web Hosting services
must be emailed to email@example.com one calendar month (30 days) before the date of ceasing the service.
indieHOST reserves its rights to change its prices at any time on reasonable notice.
indieHOST reserves the right to stop offering certain web hosting package types if it deems it necessary.
indieHOST 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.
In the event that a debit order amount is recalled due to incorrect information supplied
by the client or due to insufficient funds in the client's bank account the hosting of the website will be immediately suspended.
In the case of a website being suspended due to non-payment a reconnection fee of R150.00 will be payable before the website is unsuspended.
In the case of an annual or biannual web hosting account being terminated by the client before their prepaid
hosting term ends there will be a calendar month notice period and a R100 administration fee charged.
indieHOST may record the existence of the client's account with a Credit Bureau.
indieHOST may record and transmit details of how the client has performed to a Credit Bureau,
and how the account is conducted by the client in meeting their obligations on the account.
indieHOST has not and does not conduct pre-registration searches in respect of the client's use and registration
of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client about possible
conflicting third party rights or to take steps to ensure against possible disputes concerning a third party's intellectual property or other rights.
The use or registration of the Domain Name by a client does not interfere with nor infringe the rights of any third party
in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name,
copyright nor any other intellectual property right, and that client has the right to use the Domain Name as requested.
indieHOST cannot act as an arbiter of disputes arising out of the registration and use of Domain Names.
At the same time, clients acknowledge that indieHOST may be presented with evidence that a Domain Name registered by a client
violates the rights of a third party. In such instance indieHOST shall be allowed to provide a complainant with the client's
name and address and all further communication will exclude indieHOST and indieHOST will have no further obligations to the client.
In such instance the client shall be entitled to continue using the Domain Name registered for the client by indieHOST
until a court or other body with jurisdiction directs otherwise.
indieHOST reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion.
Bandwidth Usage Allocations (and unlimited web traffic on Shared Hosting) are based on calculated normal usage as intended for the specific product.
The following activities (and resultant excessive bandwidth usage) are prohibited and indieHOST
reserves the right, at its sole discretion, to summarily suspend services as provided by the Acceptable Usage Policy:
indieHOST reserves the right to suggest suitable alternatives to the client for excessive Web Server Processor usage as it deems necessary, at its sole discretion.
indieHOST reserves the right to move a website between web servers and internet backbones,
both within South Africa and internationally as it deems necessary. If a client moves in excess of their monthly web traffic allocation,
then the client will be contacted and various options will be presented.
indieHOST reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits,
receives or stores on an indieHOST Server to ensure compliance with this Agreement or any applicable laws regulations or codes of practice.
indieHOST will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
indieHOST may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to clients on request as and when they are available.
However, indieHOST does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
Clients are still ultimately responsible for their own data, and indieHOST strongly encourages such clients 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.
indieHOST also cannot guarantee the condition or fitness of any backups provided.
Such backups are provided "as is" and are used at the client’s own risk and discretion - whether restored by indieHOST
by instruction from clients or by clients themselves.
indieHOST will not be liable for any losses or damages relating to any incidents arising
out of such backups being provided (or not provided) to clients on request.
indieHOST will not be liable for any loss or damage, interruption of business, or any indirect,
special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action,
whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable,
directly or indirectly, to the use and/or registration of the Client's selected domain names/s
OR ANY ACTION TAKEN BY indieHOST IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
The Client hereby indemnifies and holds harmless indieHOST against any loss whatsoever arising from any dispute
or claim or other action occasioned by the Client's use and registration of its selected Domain Name,
even if indieHOST has been advised of the possibility of such damages;
indieHOST will not be liable for any indirect or consequential loss, damage, cost or expense of any kind,
irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including,
and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
Neither indieHOST, its employees, affiliates, agents, third party information providers, merchants, licensers or the like,
warrant that indieHOST's Server service will not be interrupted or error free; nor do they make any warranty
as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content
of any information service or merchandise contained in or provided through the indieHOST Server service,
unless otherwise expressly stated in this Agreement.
indieHOST expressly limits its damages to the Client for any non-accessibility time or other down time
to the pro-rata monthly charge during the system unavailability. indieHOST specifically denies any responsibilities
for any damages arising as a consequence of such unavailability.
indieHOST is not responsible if an external company network and firewall is setup to block access to services indieHOST provides.
If a client's network is setup to block certain ports or web addresses that compromise the services
indieHOST provides it is the client's responsibility to ensure that their network configurations are changed as necessary.
The 99.999% website uptime guarantee is applicable only if the web server on which a client's shared web hosting
account resides crashes or goes down at an unscheduled time.
This guarantee is not valid if there is any network problem between the client and the web server which prevents the client from seeing the web server,
e.g. if the client's ISP's link to the respective data centre goes down or is faulty,
but the web server indieHOST hosts is still up, we are not responsible for the client not being able to reach their website.
indieHOST is not responsible if any third party operated network or service experiences problems and outages
(i.e. all network infrastructure and links, client 's internet connection, firewall service managed by external parties).
If the applicable web server is up and running at all times then the website will deemed to have achieved 99.999% uptime.
The 99.999% website uptime guarantee does not apply to any scheduled downtime for maintenance of any of the indieHOST web servers.
If there is scheduled maintenance to be done the client 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.
indieHOST will exercise no control whatsoever over the content of the material hosted on,
or the information passing through the indieHOST network and in no way moderates such content.
Clients expressly agree that use of indieHOST's Server(s) and Services are at the client's sole risk.
indieHOST is not responsible for files and/or data residing on your account.
You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on the indieHOST web servers,
including e-mail, databases and site content.
Individual mail sent to the client's POP3/IMAP box or forwarded to the client's existing email address may be limited to 3000kB in size each.
indieHOST reserves the right to refuse domain and hosting services based on network, domain and/or equipment identifiers.
Takedown Notice Procedure
In terms of section 75 of the Electronic Communications and Transactions Act ("the Act") the Internet Service Providers'
Association (ISPA) can instruct us to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.
Any enquiries can be directed to ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Should indieHOST receive a takedown notice from ISPA, indieHOST will endeavour to:
1. Notify the client in good time of the takedown notice.
2. Allow the client reasonable time to remove the disputed, illegal or infringing content.
3. Takedown any sites or services which are included in the ISPA takedown notice.
Should the client breach of any of the terms and conditions contained herein,
including but not specifically limited to the payment terms, indieHOST has the right (solely at indieHOST's discretion)
to immediately demand payment of the full amount owing and demand compliance forthwith with all the terms and conditions,
alternatively to terminate the agreement and services forthwith, in either instance without in any way derogating from any common law,
contractual rights which indieHOST may have.
indieHOST reserves the right to suspend or terminate the service of any client that does not comply with the terms and conditions,
Acceptable Use Policy, Acceptable Hosting Policy or any other contractual obligations.