1. Agreement
These terms and conditions govern the provision of the Service. They apply to both parties and supersede prior agreements. Use of the Service is conditional on your acceptance of these terms and ensuring compliance by all users.
Changes to These Terms
These terms may change over time. We will notify you of any changes, after which you must either comply or discontinue using the Service.
Duration of This Agreement
This agreement begins when you:
- Email your approval to The Bigger Pixel, or
- Sign and return a purchase order.
It continues until either party provides 14 days’ written notice. Upon termination:
- Our service obligations cease.
- You must cease access to the Service.
- All accrued rights remain unaffected.
- We may delete your data.
- Clauses 7 and 9 survive termination.
If the Service Provider terminates the Service (not due to your breach), you may be entitled to a pro-rata refund.
2. Server / Network Maintenance
Scheduled Maintenance
We may perform scheduled maintenance during off-peak times. Notices will be provided for maintenance lasting over 30 minutes.
Unscheduled Maintenance
In urgent cases, unscheduled maintenance may occur. A notice will be provided post-maintenance.
3. Client Data and Data Backup
Uploading Client Data
Client Data must:
- Comply with our content standards and Acceptable Use Policy.
- Not violate laws or third-party IP rights.
We may remove any content deemed unsuitable.
Data Backup
You are responsible for maintaining local backups. While we perform server-level backups, they are for restoration only. Always keep your own copy of website data.
Website Software Updates
You are responsible for keeping your website software updated. Failing to update may compromise your site’s security and data.
4. Sub-domains and Account Rights
Sub-domains
Sub-domains remain the property of the Service Provider and are provided at their discretion. We are not liable for disputes or availability issues regarding domain names.
Hosting Plan
When signing up, you must select a Hosting Plan which determines the resources and services included.
No Resale
You may not resell the Services without written permission.
Account Access
You will receive login credentials for accessing your hosting account. You are responsible for keeping this information secure.
Technical Support & Additional Services
Support for core hosting is included. Additional services (e.g., script installation, SSLs) will be charged at our current Professional Rates.
Suspension or Termination
We may suspend or terminate your account immediately if:
- You breach any law or these terms.
- Your use affects system/network integrity.
- The Service Provider deems it necessary.
In such cases, we may inform relevant authorities. You agree to indemnify us for reasonable actions taken under this clause.
5. Payment
Billing
Hosting fees are billed annually in advance. You are responsible for all charges incurred through your account.
Fees
You must pay:
- Setup fees (if any).
- Excess traffic and storage fees.
- Fees for additional services.
Changes to Fees
Fees may change with notice. New fees apply after your current billing period expires.
Invoicing
Invoices are issued when payment is due. Failure to pay may result in service termination. We are not responsible for data loss due to suspension.
6. Limitations of Service
You acknowledge the risks of internet-based services. Service may be interrupted or not meet expectations. Data loss may occur.
7. Liability
If You Are Not a Consumer
- Liability is limited to the fees you paid.
- No liability for indirect, consequential, or third-party losses.
If You Are a Consumer
Our liability is limited to:
- Goods: replacement, repair, or cost thereof.
- Services: resupply or cost of resupply.
All warranties implied by law are excluded unless not fair or reasonable to do so.
8. Acceptable Use Policy
You must comply with the Acceptable Use Policy. We may terminate service for violations without notice. You are responsible for user compliance.
9. Indemnity
You agree to indemnify The Bigger Pixel and its agents against any losses related to your use of the Service, except as limited by law or consumer rights.
10. Governing Law
This agreement is governed by the laws of South Africa.
11. Acceptable Use Policy Details
This policy prohibits activities such as:
- Hosting adult content
- Spamming, spoofing, excessive outbound email
- Using the service for illegal purposes
- Abusing server resources
- Using the service for hacking or as a file repository
Violation may result in termination and reporting to authorities. You indemnify us for reasonable enforcement actions.
12. General
- Notices must be in writing.
- This agreement does not create an employment or partnership relationship.
- We may subcontract obligations.
- Invalid clauses are severed without affecting the rest.
13. Definitions
- Acceptable Use Policy
- Set out in clause 11.
- Client Data
- Information or files uploaded by the Customer to our servers.
- Consumer Goods / Services
- Ordinarily acquired for personal or household use.
- Fees
- As defined in clause 5.
- Hosting Plan
- Plan selected in your quotation.
- Professional Rates
- Fees for additional services.
- Service
- Hosting and domain services provided by The Bigger Pixel and the Service Provider.
- Service Provider
- e.g., domains.co.za or another nominated host.
- User
- Anyone using the Service with your permission.
