hosting terms and conditions
SCOPE OF WORK SCHEDULE
1. For the purposes of this Scope of Work, the following definitions shall operate in addition to and supplementary to those contained in the Service Level Agreement, and ought to be read as if specifically incorporated therein:
1.1. “Website Software” means the contents of the Client’s website, such as text, images, media files, calendar events, pages and source code;
1.2. “Hosting Fees” has the meaning ascribed to it in clause 6 below;
1.3. “Hosting Services” has the meaning ascribed to it in clause 3 below;
1.4. “Scope of Work” means this document, which is annexed to the Service Level Agreement agreed to simultaneously with this document, by the Parties listed herein. This may be coupled with additional Scope of Work(s) documents.
1. This document is to be read with, and is subject to, the provisions of the Service Level Agreement to which this document is annexed, in addition to any other scope of work also annexed to the Service Level Agreement (if applicable). The Scope of Work is designed to define the Hosting Services to be rendered to the Client by MMD Studio.
2. This Scope of Work is the basis on which MMD Studio will perform the Hosting Services to the Website Software. The precise nature of these Hosting Services are outlined below, but broadly, MMD Studio will provide website hosting for the Client’s Website Software.
- HOSTING SERVICES
1. The Hosting Services shall be comprised of:
1.1. The hosting of the Website Software on dedicated servers, and in this regard, subject to the provisions of clause 4 herein below, each dedicated server shall have applicable to it 10 gigabytes of disk space (Which shall be inclusive of email space) together with 10 gigabytes of monthly traffic;
1.2. Provide the requisite technologies and services needed for the Website Software to be viewed in the Internet; and
1.3. Any further Hosting Services as may be rendered from time to time, which Hosting Services may are viewable at the following link: https://hetzner.co.za/managed-servers/.
2. It is specifically recorded that the Hosting Services are rendered through MMD Studio by an External Party, viz. xneelo (Pty) Ltd (“xneelo”), and as such, the individual services comprising the Hosting Services may change from time to time, without any notice thereof, by the External Party. In this regard, should such individual services comprising the Hosting Services change, the Client shall not have any claim for Loss or Damages, direct or consequential, that may be suffered as a result therefrom.
- DISK / TRAFFIC ALLOWANCE
1. Should the Hosting Services require a quota in excess of 10 gigabytes of disk space and/or 10 gigabytes of monthly traffic for a period of 2 (Two) or more consecutive calendar months:
1.1. In the absence of any election on the part of the Client referred to in clause 4.1.2 below, MMD Studio will, on written notice to the Client, upgrade the above-mentioned allowances to the next accommodating package, and the Client will need to pay the difference immediately; alternatively
1.2. At the election of the Client, MMD Studio shall charge an over usage fee, equal to that charged by xneelo, when and if such over usage occurs.
1. Upon agreement of the Service Level Agreement, MMD Studio will provide the Hosting Services on an ongoing yearly basis (“Annual Hosting Period”), in perpetuity, subject to all Hosting Fees being paid timeously.
- HOSTING FEES
1. The Hosting Fees shall, unless otherwise specified in the Quotation, be payable annually in advance in respect of each Annual Hosting Period, after completion of the Free Hosting Period (as defined below), at a rate of R80 (Eighty Rand) per month in consideration for the provision of the Hosting Services.
2. In respect of each Annual Hosting Period, MMD Studio will invoice the Client on the first calendar day of the month preceding the month during which the current Annual Hosting Period is set to come to an end, providing the Client with 30 (Thirty) calendar days in which to make payment of the Hosting Fees in respect of a further Annual Hosting Period. Should the Client fail to make payment within such 30 (Thirty) day period, the Hosting Services will automatically terminate on the last calendar day on which the current Annual Hosting Period is set to terminate.
3. Should the Client also have purchased Website Design Services from MMD Studio, the Client shall not be liable for any Hosting Fees for a period of six months commencing from the date on which the domain is reserved, and on which the website will be hosted (“Free Hosting Period”).
4. One calendar month prior to the Free Hosting Period coming to an end, MMD Studio will invoice the Client in accordance with clause 6.1.
5. Notes in respect of Hosting Fees:
5.1. Please note all Hosting Fees do not have any VAT applicable; and
5.2. All payments shall be effected by way of Electronic Funds Transfer into a bank account to be nominated by MMD Studio, or as otherwise stipulated by MMD Studio from time to time, with proof of payment so effected to be emailed to email@example.com.
- DOMAIN REGISTRATION AND DOMAIN RENEWAL
1. Domain registrations shall be charged annually, commencing from the date on which the domains are first registered. Should the Client also be utilising Website Design Services, initial domain registrations shall be free of charge, subject to a maximum value of R200.00 (Two Hundred Rand).
2. As the cost of domain renewals vary widely depending on, among others, the perceived popularity of the Top-level domains (“TLD) associated with a particular domain, annual domain renewal shall be subject to, and associated with, the rate at which xneelo charges for such domain renewal plus 10% (Ten Percent), at the time that the renewal is effected.
- SUSPENSION OF HOSTING SERVICES
1. During the Free Hosting Period (if applicable):
1.1. Should any Hosting Fees remain unpaid for a period of 30 (Thirty) days after receipt by the Client of any invoice issued by MMD Studio, MMD Studio will be entitled, on notice by way of email and/or SMS, to suspend the Hosting Services for a period of 7 (Seven) days (“Suspension Period”). Should the Client still remain in arrears after the expiration of such Suspension Period, MMD Studio shall, without prejudice to any other rights it may have in terms of the Service Level Agreement, other scope of work or in law, be entitled to forthwith terminate the Hosting Services, Website Design Services (if applicable) along with this Scope of Work and the Service Level Agreement, without any further notice and or delay.
1.2. Should payment of the outstanding invoice(s) be received during the Suspension Period, in order to resume the Hosting Services, the Client shall be liable to pay, in addition to the arrear amount(s) contained in the invoice(s), a penalty of R650.00 (Six Hundred and Fifty Rand).
1.3. Should the Hosting Services not be resumed, a domain transfer request will be accepted by MMD Studio, provided that:
1.3.1. All outstanding Website Design Fees and/or other fees owing to MMD Studio have been paid in full; and
1.3.2. Such request is received by MMD Studio prior to the domain in question expiring, which expiration will take place on the one year anniversary of its registration or prior renewal (if applicable).
2. Subsequent to the expiration of the Free Hosting Period:
2.1. All Hosting Fees not paid by the Client within 30 (Thirty) of an invoice being rendered, will result in the Hosting Services being suspended for a period of 7 (Seven) business days on notice to the Client (“Holding Period”);
2.2. Should such Hosting Fees still not be paid within the Holding Period, MMD Studio will email the Client the requisite xneelo Konsoleh login details, in order for the Client to login and save all files associated therewith; and
2.3. Within 7 (Seven) working days of such login details being sent to the Client, the Hosting Services will be terminated, and MMD Studio shall take no further responsibility for any Losses incurred as a result of, but not limited to, server downtime, loss of emails and/or files that were associated with the Hosting Services should the Client fail to save all such files, emails and the like. It is specifically recorded that once the login details have been provided to the Client, the Client will have all the necessary access credentials and tools to make the required back-ups of any and all files on the Server.
- LIMITATION OF LIABILITY
1. Without limiting, in any way, the provisions pertaining to the limitation of MMD Studio’s liability in the Service Level Agreement, the Client specifically agrees that MMD Studio shall not be held liable for any Losses however arising and whatever the cause, which results in any downtime of the server(s) which host(s) the Website Software.
We charge upfront in advance for hosting and offer free hosting for various periods of time based on the client. The general free hosting period is 6 months for all new clients. Once the deposit (for the website) is paid, or in the case of hosting only (a full year) is paid we then register the domain and set up email accounts. We then also provide login access for other hosting activities.