Terms & Conditions | The Bigger Pixel

Last updated: January 2026

1. Agreement

These terms and conditions (“Terms”) govern the provision of the Service. They apply to both parties and supersede
all prior discussions, proposals and agreements (whether written or oral). Use of the Service is conditional on your
acceptance of these Terms and ensuring compliance by all Users you permit to access or use the Service.

1.1 Changes to These Terms

We may amend these Terms from time to time. Where reasonably possible, we will notify you of material changes. By
continuing to use the Service after changes take effect, you agree to be bound by the updated Terms. If you do not
agree, you must discontinue use of the Service and may terminate this agreement in accordance with clause 1.3.

1.2 Duration of This Agreement

This agreement begins when you:

Email your approval to The Bigger Pixel; or
Sign and return a purchase order (or otherwise confirm acceptance in writing).

1.3 Term and Termination

This agreement continues until either party provides 14 (fourteen) days’ written notice of termination. Upon
termination:

Our service obligations cease at the end of the notice period (or earlier if permitted under these Terms).
You must cease access to and use of the Service and any systems provided to you.
All accrued rights and obligations remain unaffected.
We may delete your data in accordance with these Terms.
Clauses 7 (Liability) and 9 (Indemnity) survive termination.

If the Service Provider terminates the Service for reasons not caused by your breach, you may be entitled to a
pro-rata refund for prepaid hosting fees for the unused portion of the current billing period, subject to any
non-refundable setup fees, third-party costs, or administrative charges already incurred.

2. Server / Network Maintenance

2.1 Scheduled Maintenance

We may perform scheduled maintenance during off-peak times. Where maintenance is expected to exceed 30 (thirty)
minutes, we will provide reasonable notice where practicable.

2.2 Unscheduled Maintenance

In urgent cases, unscheduled maintenance may occur (including security updates or emergency repairs). Where
reasonably possible, notice will be provided after such maintenance has been completed.

3. Client Data and Data Backup

3.1 Uploading Client Data

Client Data must:

Comply with our content standards and Acceptable Use Policy; and
Not violate any applicable laws or third-party intellectual property rights.

We may remove or disable access to any content we reasonably consider unsuitable, unlawful, infringing, harmful,
or in breach of these Terms or the Acceptable Use Policy.

3.2 Data Backup and Recovery

The Client is solely responsible for maintaining independent, current and complete backups of all Client Data.

While the Service Provider may perform server-level backups, such backups:

Are provided as a courtesy only;
Are not guaranteed;
May not include all data;
May not be restorable in all circumstances; and
May be deleted or overwritten without notice.

We do not warrant or guarantee the availability, completeness, integrity, or recoverability of any backup. The
Client expressly acknowledges that hosting services do not constitute a data archiving or disaster recovery service.

We shall not be liable for any loss of Client Data under any circumstances, to the fullest extent permitted by law.

3.3 Website Software Updates

You are responsible for keeping your website software, plugins, themes, scripts and any other application code up
to date. Failure to update may compromise your site’s security, performance and data integrity. We are not liable
for any compromise, breach, loss or damage caused by outdated software.

4. Sub-domains and Account Rights

4.1 Sub-domains

Sub-domains remain the property of the Service Provider and are provided at their discretion. We are not liable for
any disputes, naming conflicts, registry decisions, or availability issues relating to domain or sub-domain names.

4.2 Hosting Plan

When signing up, you must select a Hosting Plan which determines the resources and services included. Plan features,
limits and inclusions are as set out in your quotation or order confirmation.

4.3 No Resale

You may not resell, repackage, sublicense or otherwise provide the Services to third parties without our prior
written permission.

4.4 Account Access

You will receive login credentials for accessing your hosting account (where applicable). You are responsible for
keeping this information secure and for all activity under your account. You must notify us promptly of any
suspected unauthorised access.

4.5 Technical Support & Additional Services

Support for core hosting is included to the extent specified in your Hosting Plan. Additional services (including,
without limitation, script installation, troubleshooting third-party software, malware cleanup, SSL assistance,
migrations, or custom work) will be charged at our then-current Professional Rates.

4.6 Suspension or Termination

We may suspend or terminate your account immediately if:

You breach any applicable law, these Terms, or the Acceptable Use Policy;
Your use of the Service affects system/network integrity, performance, stability, or security; or
We reasonably deem suspension necessary to protect our systems, other clients, or third parties.

In such cases, we may inform relevant authorities where required or reasonably necessary. You agree to indemnify us
for reasonable actions taken under this clause, subject to clause 7 and applicable law.

5. Payment

5.1 Billing

Hosting fees are billed annually in advance unless otherwise agreed in writing. You are responsible for all charges
incurred through your account and for ensuring payments are made on time.

5.2 Fees

You must pay, where applicable:

Setup fees (if any);
Excess traffic and storage fees (if applicable); and
Fees for additional services requested by you, charged at Professional Rates.

5.3 Changes to Fees

Fees may change with notice. New fees will apply after your current billing period expires, unless otherwise agreed
in writing.

5.4 Invoicing

Invoices are issued when payment is due. Failure to pay may result in suspension or termination of the Service.
We are not responsible for any data loss due to suspension or termination resulting from non-payment.

5.5 Non-Payment, Suspension and Data Deletion

If payment is not received by the due date stated on the invoice:

A 7 (seven) day grace period shall apply from the invoice due date.
If payment is not received within the grace period, the Service may be suspended immediately and without further notice.
If payment remains outstanding for 14 (fourteen) days after the expiry of the grace period, the Service shall be
permanently terminated and all website files, databases, emails, backups and associated data may be permanently
deleted from our servers and systems without further notice.

The Client acknowledges and agrees that:

Suspension may result in website downtime and email interruption.
Permanent deletion may result in irreversible data loss.
We are under no obligation to retain any suspended or deleted data beyond the periods stated above.
We shall not be liable for any loss of data, revenue, profit, goodwill or business interruption resulting from
suspension or deletion due to non-payment.

During the 14-day period following suspension (before permanent deletion), a temporary reactivation fee of R750
shall apply if the Client wishes to access or retrieve website files or data, or obtain a backup for migration to
another hosting provider.

Temporary reactivation is granted solely for data recovery purposes and does not reinstate the hosting agreement
unless all outstanding Fees are paid in full.

6. Limitations of Service

You acknowledge the risks inherent in internet-based services. The Service may be interrupted, unavailable, delayed,
or not meet your requirements. Data loss, security incidents, or service degradation may occur.

6.1 Service Availability

We do not guarantee uninterrupted or error-free service. The Client acknowledges that hosting services depend on
third-party infrastructure providers and that downtime may occur due to maintenance, technical issues, cyberattacks,
force majeure events, or third-party failures. No service level agreement (SLA) or uptime guarantee applies unless
expressly agreed in writing.

7. Liability

To the fullest extent permitted by South African law, the Service is provided on an “as is” and “as available”
basis. We make no warranties, representations or guarantees regarding uptime, uninterrupted access, error-free
operation, data integrity, or fitness for a particular purpose.

7.1 Limitation of Liability

Our total aggregate liability, whether in contract, delict (including negligence), statute or otherwise, shall not
exceed the total Fees paid by the Client in the 12 (twelve) months preceding the claim.

Under no circumstances shall we be liable for:

Loss of profit;
Loss of revenue;
Loss of business;
Loss of goodwill;
Loss of data;
Business interruption;
Indirect or consequential damages; or
Third-party claims.

This limitation applies even if we were advised of the possibility of such damages. Nothing in this clause excludes
liability where such exclusion is prohibited by law.

8. Acceptable Use Policy

You must comply with the Acceptable Use Policy set out in clause 11. We may suspend or terminate the Service for
violations (including repeated complaints or suspected abuse) without notice where reasonably necessary. You are
responsible for ensuring all Users comply with this policy.

9. Indemnity

You agree to indemnify and hold harmless The Bigger Pixel, the Service Provider, and their directors, employees,
agents and contractors against any losses, liabilities, damages, costs and expenses (including reasonable legal
fees) arising from or relating to your use of the Service, Client Data, or any breach of these Terms, except to the
extent limited by applicable law or consumer rights.

10. Governing Law

This agreement is governed by the laws of South Africa, and the parties consent to the jurisdiction of the South
African courts.

11. Acceptable Use Policy Details

This policy prohibits activities including (without limitation):

Hosting adult content;
Spamming, spoofing, or excessive outbound email;
Using the Service for illegal purposes;
Abusing server resources;
Using the Service for hacking, scanning, malware distribution, or security testing without permission; and
Using the Service primarily as a file repository or for non-web hosting purposes not agreed in writing.

Violation may result in suspension or termination and may be reported to relevant authorities. You indemnify us for
reasonable enforcement actions taken under this policy, subject to clause 7 and applicable law.

12. General

Notices must be in writing.
This agreement does not create an employment, partnership or agency relationship between the parties.
We may subcontract our obligations, in whole or in part.
If any clause is invalid or unenforceable, it is severed without affecting the remainder of the Terms.

12.1 Force Majeure

We shall not be liable for any failure or delay in performance caused by events beyond our reasonable control,
including but not limited to power failures, network outages, cyberattacks, natural disasters, government actions,
civil unrest, and third-party service provider failures.

13. Definitions

Acceptable Use Policy: Set out in clause 11.
Client Data: Information or files uploaded by the Customer to our servers or systems as part of using the Service.
Consumer Goods / Services: Goods or services ordinarily acquired for personal, domestic or household use (as applicable under law).
Fees: As defined in clause 5, including hosting fees, setup fees, excess usage fees and Professional Rates where applicable.
Hosting Plan: The plan selected in your quotation, order confirmation, or subscription, which determines included resources and services.
Professional Rates: Our fees for additional services outside core hosting, as notified from time to time.
Service: Hosting and (where applicable) domain-related services provided by The Bigger Pixel and/or the Service Provider.
Service Provider: The underlying hosting or domain provider (for example, domains.co.za or another nominated host).
User: Anyone using the Service with your permission or under your account.