Terms and Conditions
- In addition to the General Terms, these terms and conditions govern the use of the KeyInfo domain registration and hosting services. By signing up with KeyInfo for the services a Client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
2. Domain Registration
- KeyInfo registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the KeyInfo 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 KeyInfo.
- KeyInfo is an approved registrar. KeyInfo may, at its discretion use other approved entities for registration, but in general, may limit domains offered based on availability from the registrar concerned.
- KeyInfo will not pay for registration if it is not combined with any of their hosting products.
- The Client will be bound by the terms and conditions of the relevant domain namespace (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. KeyInfo may post links to these terms and conditions on the KeyInfo Website purely as a convenience to the Client.
- KeyInfo will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, KeyInfo cannot be held liable for any delays that may accompany the registration of domains. Initial Setup fees are non-refundable. Domain Name renewal fees are due annually by Keyinfo to ZACR subject to the clients’ account being paid-up and in good standing.
4. Domain Renewal
- KeyInfo will register a domain for a specified period (generally one year). The domain will remain in the client’s name and will be renewed yearly unless stated otherwise by the client
- Thereafter, the Client is solely KeyInfo will be responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain, is either canceled or transferred by the client. This includes domains that have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify KeyInfo of the failure. Should a client’s account be in arrears by more than 3 months, the renewal will not take place
- KeyInfo will endeavor to send a courtesy reminder to the Client, such as an email, or phone call. Such reminders in no way transfer responsibility to KeyInfo for ensuring that the domain is renewed. Such reminders are only to inform the client that the domain is still registered with us
- Should this reminder fail to reach the Client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.
- Clients registering domains must take note of the registration date, and ensure that renewal is effected.
5. Domain Transfer In
- KeyInfo will transfer existing (registered) domains from existing hosting providers to KeyInfo’s DNS and web servers free of charge. Upon requesting the transfer, and accepting the relevant Service Terms, the Client explicitly agrees that it has the authority to do so, being the registrant of the domain in question, or having been nominated as an agent of the registrant. The Client thereby indemnifies KeyInfo from any disputes regarding ownership of the domain and any claims as a result thereof.
5.2 Domain Transfer Out
- Should a Client wish to transfer their domain away from KeyInfo, they will ensure that the account is up to date.
- It is the Client’s sole responsibility to ensure that the email and web data on the server are backed up and transferred BEFORE the domain transfer ticket is received.
- The Client will receive the transfer ticket for the domain as it is the clients who will be registered as the registrant.
- After the transfer out has been completed the hosting account will be set for termination/cancellation
- KeyInfo will not be liable for loss of data or be obliged to provide any such data once the hosting contract term has expired.
- Cancellation will be dealt with as per the General Terms.
- Cancellation, by the Client or KeyInfo, will result in any data being permanently removed from KeyInfo’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. KeyInfo will not be liable for loss of data or be obliged to provide any such data once the hosting contract term has expired. Any backups made by KeyInfo will be made for legal purposes and not for data retention purposes and will not necessarily be made available to Clients on request.
7. Payment and Payment Terms
- Payment will be dealt with as per the General Terms.
- In the case of a website being suspended due to non-payment, the client agrees to settle all the arrears before the website is unsuspended.
8. Liability for Registration and Use of Domain Names
- KeyInfo 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.
- KeyInfo reserves the right to disclose pertinent information to Registrars for public disclosure as per the Terms and Conditions of the Registrar. KeyInfo will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
- This forms a regulatory requirement by the registrar, and there a Service Agreement requirement to the Client.
- The Client indemnifies KeyInfo by warranting that 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, tradename, 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.
- KeyInfo cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, Clients acknowledge that KeyInfo may be presented with evidence that a Domain Name registered by a Client violates the rights of a third party. In such instance KeyInfo shall be allowed to provide a complainant with the Client’s name and address and all further communication will exclude KeyInfo and KeyInfo will have no further obligations to the Client. In such an instance, the Client shall be entitled to continue using the Domain Name registered for the Client by KeyInfo until a court or other body with jurisdiction directs otherwise.
9. Registrant Contact Details for co.za and .com.
The ZACR policy indicates that the registrant contact details have to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.
- The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and
- The registrant’s designated email address is accurately identified on the domain name record where prescribed.
10. Hosting Services
- KeyInfo reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion. Excessive traffic or use of system resources will be determined as set out in the Acceptable Use Policy.
- KeyInfo 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.
- KeyInfo reserves the right (but does not assume any obligation) to inspect the contents of data that the Client transmits, receives or stores on a KeyInfo Server to ensure compliance with this Agreement, KeyInfo’s AUP, or any applicable laws regulations or codes of practice.
- The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS) or any sort of attack. If the Client’s facilities are targeted by a DOS attack or a hacker that affects other network users, the Client’s Service will be suspended.
10 Hosting Support
- KeyInfo will provide remote support for its Hosting Services and its Hosting Services only. This will include:
- The set up of email addresses on the server and the clients computer
- Troubleshooting of email and hosting related queries which are requested telephonically or via Email.
- This does not include:
- Local software issues eg. setting up printers, installing software like anti viruses, and similar requests.
- Should an IT technician be required, the client agrees to pay the call out fee and hourly rate of the IT technician.
13. Cloud Hosting
- KeyInfo reserves the right to manage the cloud environment at its discretion for the overall benefit of cloud hosted Clients. Any virtual machine which KeyInfo deems at its sole discretion to have a negative effect on the environment may be powered down or suspended.
- KeyInfo also strictly forbids any misuse of shared or cloud resources, such as Ram Disks (use RAM memory as storage disk space), which abuses resources and compromises the integrity of the cloud environment.
- KeyInfo may also, at its discretion, restrict server to limited IOPS (Input Output Operations Per Second) where a Client’s use of available virtual resources is negatively affecting the overall environment.
14. 99.9% Website Uptime Guarantee
- KeyInfo guarantees that its hosting services will attain 99.9% availability, subject to the following.
- The 99.9% website uptime guarantee is applicable only if the web server on which a Client’s web hosting service 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, for instance. If the Client’s ISP’s link to the respective data centre goes down or is faulty, but the web server KeyInfo hosts is still up, KeyInfo is not responsible for the Client not being able to reach their website. This also counts for blacklisted networks
- KeyInfo 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 be deemed to have achieved 99.9% uptime.
- The 99.9% uptime guarantee does not apply to any scheduled downtime for maintenance of any of the KeyInfo 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.
- The 99.9% uptime guarantee does not apply if KeyInfo suspends the Client’s Service as allowed in terms of this Agreement.
- Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor’s network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services.
- Disputes arising out of the Uptime Guarantee must be submitted in writing and claims may not exceed fees paid (either monthly or on a pro-rata basis) to KeyInfo for services not received during downtime. No direct or indirect losses or damages resulting from downtime may be claimed. Service Level commitments will also be taken into account when reviewing disputes. Where agreed provisions have been met, such disputes will be dismissed.
- The Services provide access to the internet, which is subject to bandwidth constraints, system failures and all manner of other factors that may impact on the Client’s access, for which KeyInfo accepts no responsibility.
15. Use at Client’s Risk
- KeyInfo will exercise no control whatsoever over the content of the material hosted on, or the information passing through the KeyInfo network and in no way moderates such content.
- Clients expressly agree that use of KeyInfo’s Server(s) and Services are at the Client’s sole risk.
11. Basic Backups
- Clients are solely responsible for backing up their data and KeyInfo strongly encourages ALL Hosting Clients to do so as frequently and completely as possible. KeyInfo will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
- KeyInfo may, in some instances, offer a separate backup service and will make such backups available to Clients on request as and when they are available. However, KeyInfo does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
- Clients are ultimately responsible for their own data, and KeyInfo 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.
- KeyInfo 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 KeyInfo by instruction from Clients or by Clients themselves.
- KeyInfo 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.
11.2 Premium Backups
- Clients who purchased our premium backup service will receive daily, weekly and monthly backups.
- KeyInfo will strive to ensure that these backups are up to date, accurate and healthy.
- However, should KeyInfo be made aware of a broken website or any instance where a backup is required but is too late and the backups are corrupted too, the client will not hold KeyInfo accountable for any damages caused.
- Backups can only be restored by the client or by keyinfo but only after instruction to do so by the client.
- The backups will be made available to clients at all times.
16. Spam/Virus Filtering
- KeyInfo provides a spam and virus filtering system to protect Clients from unsolicited mail and viruses. The Client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the Client. The Client acknowledges and agrees that KeyInfo shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
- KeyInfo reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
- The Anti Virus is also not guaranteed to find and eliminate all viruses sent through it.
- Webmail and other web-based email services made available by KeyInfo are provided on an “as is” basis without representations, warranties or conditions of any kind, and the Client acknowledges and agrees that KeyInfo shall have no responsibility for, or liability in respect of, any aspect of the webmail services, including without limitation for any lost or damaged data or any acts or omissions of KeyInfo. As webmail storage space is limited, some webmail messages may not be processed due to space constraints or message limitations.
18. Limitation on Mail Size
- Individual mail sent to the Client’s POP3/IMAP box or forwarded to the Client’s existing email address may be limited to 25000kB in size each.
19. Takedown Notice Procedure
- In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service Providers’ Association (ISPA) can instruct KeyInfo 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 KeyInfo receive a takedown notice from ISPA, KeyInfo 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.
20. Retention of Rights
- KeyInfo makes no claim to the intellectual property (such as data) of Clients hosted on their servers. However, all equipment remains the property of KeyInfo and retention of data does not directly or indirectly give ownership of KeyInfo hardware to Clients.
22. Software Updates
- KeyInfo will be responsible for updates to Operating Systems and Shared Libraries on Shared Hosting Servers.
23. Disclaimers, Limitations and Indemnities
- KeyInfo 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 KEYINFO IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
- The Client hereby indemnifies and holds harmless KeyInfo 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 KeyInfo has been advised of the possibility of such damages;
- KeyInfo 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 KeyInfo, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that KeyInfo’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 KeyInfo Server service, unless otherwise expressly stated in this Agreement.
- KeyInfo expressly limits its liability to the Client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. KeyInfo specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
- KeyInfo is not responsible if an external company network and firewall is setup to block access to services KeyInfo provides. If a Client’s network is setup to block certain ports or web addresses that compromise the services KeyInfo provides it is the Client’s responsibility to ensure that their network configurations are changed as necessary.
- Clients also hereby indemnify KeyInfo against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition KeyInfo to share or cover such losses or liability, either directly or indirectly. KeyInfo is also indemnified from direct claims from Clients for losses incurred due to 3rd party actions or claims.
- Every hosting account comes standard with an AutoSSL certificate. This certificate only encrypts the website files and does not encrypt email.
- Plugin and Theme maintenance ensures that a clients websites plugins and themes remain up to date. The purpose of this is to keep the website functioning properly.
- These services do not include any web development and are solely meant to update the themes and plugins on the websites.
- This service does not apply to any clients website not built by KeyInfo. KeyInfo may assess the clients website and after careful consideration choose to maintain a website not built by KeyInfo but this decision is only up to KeyInfo.
- The time spent updating the website is determined by the package. The time is calculated by monthly total multiplied by twelve and divided by R513.00.
- Content updates are updates done to the websites content (information, contact info, and logo replacing).
- This does not allow for design of new logos, design of website structure, changes to the sliders, or changes to other plugins.
- The time spent updating the websites content is determined by the package. The time is calculated by monthly total multiplied by twelve and divided by R513.00.
Web Development Maintenance SLA
The web development SLA is for websites built by KeyInfo only. KeyInfo may assess the clients website and after careful consideration choose to maintain a website not built by KeyInfo but this decision is only up to KeyInfo.
General Terms and Conditions
Your attention is drawn in particular to clauses rendered in bold capitals in these terms. What follows is a summary for your convenience and does not form part of the agreement between you and KeyInfo. It is your responsibility to read the clauses referred to:
- You agree to provide KeyInfo with true and correct information in order to provide service to you and give KeyInfo permission to process your personal information (clause 4, 14).
- You agree that these terms may change and that you will check regularly for changes on the KeyInfo website (clause 5)
- You agree that abusive behaviour towards KeyInfo’s staff or brand will not be tolerated (clause 6).
- You agree that you will ensure that you choose and be responsible for the products that suit your needs (clause 8)
- You agree that failing to pay your KeyInfo account on time may lead to account termination and/or administrative fees and possible reconnection fees (clause 10, 16).
- You agree that either yourself or KeyInfo may cancel this contract by giving the client notice (clause 12.1)
- You limit KeyInfo’s liability and indemnify KeyInfo for various acts or omissions (clause 17).
- “KeyInfo” means either of KeyInfo or any other entity which KeyInfo may assign, cede or delegate any of their rights or obligations to.
- “KeyInfo System” means equipment operated together as a system by KeyInfo to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
- “KeyInfo Website” means the Internet website published at the URL “www.keyinfo.co.za” or another URL that KeyInfo notifies the Client of from time to time.
- “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
- “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
- “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
- “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
- “Client” is the party described as such on any Application or Service Order executed between it and KeyInfo.
- “Client Data” means Data:
- transmitted to the Client using the KeyInfo System,
- stored by the Client on the KeyInfo System (or on the Client System as the case may be), or
- transmitted by the Client via the KeyInfo System,
- in the day-to-day utilisation of a Service.
- “Client Equipment” means any equipment installed at KeyInfo’s premises by the Client that KeyInfo does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.
- “Data” means electronic representations of information in any form.
- “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
- “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
- “Emergency Maintenance” means maintenance to the KeyInfo System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to KeyInfo, the Client or any third party.
- “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
- “Goods” means any and all goods to be provided by KeyInfo to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.
- “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
- “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
- “Malicious Code” means anything that contains any computer software routine or code intended to:
- allow unauthorised access or use of a computer system by any party, or
- disable, damage, erase, disrupt or impair the normal operation of a computer system,
- and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
- “Multi-Factor Authentication” refers to the process of establishing a user’s identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.
- “OTP” means One-Time Pin or One-Time Password that is used for login to Afirhost systems or for verification purposes.
- “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
- “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by KeyInfo to the Client.
- “Service Terms” means a document describing the terms on which KeyInfo will provide a particular Good or Service, as amended from time to time.
- “General Terms” means this document.
- “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
- “Supplier” means a supplier of goods and / or services to KeyInfo.
- “Two Factor Authentication” refers to the process of establishing a user’s identity using various methods, such as one-time pin and security questions.
- “User/s” means the Client or any other person accessing any the Services provided by KeyInfo.
2. How the Agreement Works
- The Goods and Services that KeyInfo will provide to the Client will be described in Service Orders.
- These General Terms apply to all Services.
- More details of particular Goods or Services may be contained in Service Terms.
- The Service Order(s), Service Terms, and this document together form the Agreement between KeyInfo and the Client. If the Parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
- If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms (this document), Service Terms, Service Order, Acceptable Use Policy, and Service Level Agreement, unless otherwise expressly stated in writing.
3. Applications and Initiation
- KeyInfo will provide the Goods and Services to the Client as described in an Application or Service Order in terms of the Agreement.
- KeyInfo reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.
- An Application must be submitted via the KeyInfo Website or in person. Once an Application is accepted by KeyInfo it becomes a Service Order.
- Each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and KeyInfo (unless amended or renewed by another Service Order).
- The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
- The Client consents to KeyInfo carrying out a credit check on the Client at any applicable credit bureau, and may make the provision of the Goods or Services dependant on its satisfaction with the results. KeyInfo may provide information on the Client’s payment record to a credit bureau.
- If the Client is a juristic person, KeyInfo may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, KeyInfo may withhold providing the Services until the surety has been signed.
- If the Client has not complied with a requirement of this clause, KeyInfo may delay providing the Goods or Services until the Client has complied. If the Client does not comply within a reasonable period, KeyInfo may terminate this Agreement and will not be liable for any damage that the Client may suffer as a result.
4. Client’s Commitments
- The Client confirms that all statements made to KeyInfo are true and correct. KeyInfo reserves the right to request proof of any facts or claims. The Client also commits to providing KeyInfo with necessary information required in the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as Domain Registration Listings) within the guidelines of applicable privacy legislation.
- KeyInfo reserves the right to, at any time, request verification of the identity of the Primary Account Holder. Failure to produce such verification could result in summary suspension or cancellation of the product(s) and Services.
- The Client (or the Client’s agent) certifies that the Client is above the age of 18 years, has full contractual capacity and (in the case of an agent) is duly authorised by the Client to contract on the Client’s behalf.
- KeyInfo’s website and attached systems are designed to facilitate reasonable use of the KeyInfo products and Services. KeyInfo reserves the right to suspend or terminate users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. KeyInfo reserves the right to deem an activity as “unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
- The Service Order(s) and this Agreement, the Services or the interpretation of the supporting documents shall be governed by the laws of the Republic of South Africa and the courts of South Africa will decide any disputes.
- If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to KeyInfo or its staff, KeyInfo reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
- In the event that any of the terms of this document are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.
- KeyInfo reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a takedown notice.
5. Terms Subject to Change
- KeyInfo may amend the General Terms and Service Terms at any time. KeyInfo will, as soon as possible, after posting the amendments make reasonable efforts to advise the Client of them by email. The Client also has a duty to duty to keep itself informed of the latest version of the above documents by accessing the KeyInfo Website on a regular basis.
- KeyInfo must give at least one calendar month’s notice for the amendments, which will become effective at the beginning of the first calendar month after the notice period has expired.
- If the Client objects to any of amendments, it may terminate the Agreement, and the termination will become effective at the end of the normal notice period.
- If KeyInfo changes its Fees, the change must take place as described in this clause.
6. Interactions with Staff and KeyInfo Brand
- Clients will be held accountable for their conduct towards KeyInfo staff and in the public domain with regard to allegations or malicious conduct directed towards KeyInfo or its staff.
- Abusive behaviour, including (but not limited to) aggression, bullying, offensive language or conduct, including threats, humiliation or any type of intimidation on a forum or directed at KeyInfo or its staff will be deemed abusive and will not be tolerated. Such conduct may constitute an AUP violation and KeyInfo reserves the right to suspend or terminate Services to a Client in such cases.
- Clients using public platforms to spread libel, false allegations, unreasonably or maliciously diminish the reputation or public perception of the KeyInfo brand (or its staff) may have their Services suspended or terminated, depending the severity and circumstances of the incident(s), and may also be regarded as contrary to the AUP.
7. Availability of Services
- KeyInfo cannot guarantee the provision of the requested Service upon the receipt of an Application.
- Provision of the Service is subject to KeyInfo confirming that it is technically feasible to do so.
- Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.
8. Choice of Services and Products
- The Client is solely responsible for ensuring that their choice of product or service conforms to their requirements or desired outcome. KeyInfo will not be liable for compensation, costs or damages resulting from incorrect selection of products or services, or resultant delays in rectifying such errors.
- Sign-up for products and services is subject to the cooling-off period described in section 44 of the Electronic Communications and Transactions Act (“the ECT Act”).
- KeyInfo provides Services on the basis of information provided by the Client, and KeyInfo offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
- KeyInfo reserves the right to stop offering particular Services if it deems it necessary. KeyInfo will then either provide the service for the remainder of the time that has been paid for or refund the amount paid for that specific package.
10. Payment and Penalties
- KeyInfo reserves its rights to change its prices at any time on reasonable notice, which will not be less than 30 days, as per the minimum term of a month to month agreement.
- KeyInfo only accepts Debit Order and EFT payments for month to month services, EFT payments for Annual Services, and will only accept alternative payments under specific circumstances and only by prior arrangement at KeyInfo’s discretion.
- The Client’s monthly debit orders of the Fee will be submitted monthly on the 7th or 29th Day of the month (Depending on the Clients choosing).
- Should the 29th of the month not be the 3rd last working day of the month, we will submit the debit batch to run earlier in the month. Eg. the month of February almost always have the 29th debit batch run on the 25th of February.
- KeyInfo will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
- If the Client’s debit order bounces for any reason, KeyInfo reserves the right to resubmit the next debit order.
- Non-payment of any Fee by its due date, whether as a result of unpaid Debit Orders, declined cards or any other cause may result in immediate suspension of Services (which may not be limited to the particular Service in question). KeyInfo retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all products and Services.
- Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected as described below. The Client will not be credited for data or Services that would otherwise have been available to the Client during the period of suspension.
- If the Client remains in default of a monthly Fee for three consecutive calendar months, KeyInfo may terminate the agreement with immediate effect. The Client will remain liable for all Fees and charges for any period of suspension.
- Should the Client settle the unpaid Fee they will be reconnected as described below.
- Any prior leniency shown in this regard will not prejudice KeyInfo’s right to enforce such penalties in full at any time (within their discretion).
- Reconnection of Services may be subject to a waiting period of up to 72 hours, at KeyInfo’s discretion, regardless of when payment is received or cleared.
- In cases of suspension of Services due to non-payment, KeyInfo reserves the right to levy both Reconnection Fees and Admin Fees. Any and all penalty fees must be settled in full, prior to reconnection of affected services.
- In the case of billing disputes, the onus is upon the Client to raise such disputes in good time through the complaints procedure set out in these Terms to prevent interruption of services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at KeyInfo’s discretion.
- KeyInfo reserves the right to terminate services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods. The conditions of termination will be based on guidelines determined at KeyInfo’s discretion and may vary. The means and terms of termination will be determined at KeyInfo’s discretion. Notice of termination will be provided to the best of KeyInfo’s ability, but KeyInfo will not be held liable for claims or requests for further provision of services once a Client’s services have been terminated due to non-payment.
- Unless otherwise agreed:
- Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
- Services are billed in advance and all invoices must be paid by the Client in advance.
- Any Services invoiced in arrears are payable on presentation of invoice.
- All Fees and other amounts payable are quoted inclusive of VAT.
11. Debit Order Authorisation
- By accepting these terms, the Client hereby authorizes KeyInfo to debit their nominated bank account or Visa/Mastercard any variable amount pertaining to the service or products they have selected, on sign up for a calculated pro-rata and thereafter monthly(or on signup entirely for purchase of non-service products). This sum being the amount for settlement of the monthly amount due by the Client in respect of services or products.
- The Client authorises KeyInfo’s nominated agent to debit their bank account or Visa/Mastercard on KeyInfo’s behalf (the “authorized party”). The debit authority will remain in force until such services or products are cancelled, subject to the condition that Client agrees that debits related to cancellation notice periods will be honored before the expiration of the debit authority.
- The Client agrees that the authorized party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Client and that the Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorized party.
12. Term and Termination
- KeyInfo operates Month-to-Month contracts. Either the Client or KeyInfo may terminate the agreement, or a particular Service, by giving one calendar month’s notice to the other. Particular Service Terms may allow for shorter notice periods.
- The Client must give notice of termination to KeyInfo via email. Cancellation of any Service is the Client’s responsibility. The Client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the Client to specifically indicate a required process. Should the Client incorrectly complete the cancellation process, KeyInfo will not be liable for any additional costs or compensation due to the error.
- Either party may terminate this Agreement and any service provision where there is a breach of this Agreement by the other which has not been remedied within seven (7) days of receipt of written notice to do so.
- KeyInfo reserves the right to terminate agreements based on a breach of this agreement, or linked agreements (such as their Acceptable Use Policy) which is viewed as a breach of the whole service contract.
- The Client acknowledges that KeyInfo may terminate this Agreement by written notice, including email, and without liability in the event of the termination of its agreement with an upstream licensee relevant to the provision of any connectivity Service.
- KeyInfo reserves the right to deactivate or terminate selected Free Products should they not be used within a prescribed period or at KeyInfo’s sole discretion. Such termination will take place automatically, as per product specifications, and may occur without prior warning. KeyInfo accepts no liability should such termination take place, and not warranty is made regarding the availability of said products in the future. KeyInfo reserves the right to terminate products provided as Free products where a breach has occurred (such as non-payment) in relation to other products, whether or not such breach has direct or indirect bearing on the Free product service provision.
- Should KeyInfo agree to the acquisition or transfer of any or all of it’s services to another company, such services and services agreements will be transferred to the acquiring entity. Clients affected will be notified of such changes and any potential impact to their service agreement within the minimum term (30 days) of a month to month agreement.
14. Client Information and Privacy
- Clients signing up for services as a Primary Contact are considered as “the client” and no other parties will be permitted access or authority to the Client Account, even if they are a 3rd party recipient or affiliate of the “client”.
- KeyInfo will observe all privacy of information best practices, in accordance with the applicable laws of South Africa, including the Protection of Personal Information Act (POPI) of 2013.
- The Client consents to KeyInfo processing Personal Information transmitted to the KeyInfo System in a way which is consistent with the Service being provided. Where the Client’s use of a Service leads to the transmission of Personal Information to or from the Republic of South Africa, the Client acknowledges that it has a duty to comply with any relevant statutory provisions dealing with data privacy either in the Republic of South Africa or in any foreign country to which the Personal Information is transmitted. The Client warrants that it has obtained the consent of any third party for the use of that party’s Personal Information in this way, or otherwise that such processing is lawful, and indemnifies KeyInfo from any claim brought by such third party as a result of its failure to do so.
- KeyInfo may retain backups as a matter of course for up to three months after termination, and the Client consents to such retention. However KeyInfo gives no warranty in respect of the effectiveness of such backups (if any).
- KeyInfo will implement measures in line with Good Industry Practice to ensure the security of the KeyInfo System and the physical security of KeyInfo’s premises, but gives no warranty that breaches of security will not take place.
- If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify KeyInfo in an appropriate way that does not further compromise security concerns.
- If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.
- The Client must not do anything that may prejudice the security of the KeyInfo System, and must take all reasonable measures necessary to ensure that:
- no unlawful access is gained to KeyInfo’s premises, the KeyInfo System, or the Client’s own system;
- no Malicious Code is introduced into the KeyInfo System; and
- the Client Data is safeguarded.
- If a security violation occurs, or KeyInfo is of the view that a security violation is imminent, KeyInfo may take whatever steps it considers necessary to maintain the proper functioning of the KeyInfo System including without limitation:
- changing the Client’s access codes and passwords (or those of any user of the KeyInfo System), and
- preventing access to the KeyInfo System.
- KeyInfo takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
- The Client must give its full cooperation to KeyInfo in any investigation that may be carried out by KeyInfo regarding a security violation.
- If the Client is providing any service to third parties that makes use of the KeyInfo System, the Client must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 15.
- KeyInfo may on prior written notice to the Client inspect the Client’s installation and Client Equipment located on KeyInfo’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.
- By signing up and submitting personal information to KeyInfo, clients expressly agree to validation and verification methods such as Two Factor Authentication and/or Multi-Factor Authentication, using personal information submitted, or such information as required by KeyInfo from time to time. The method of verification used will be implemented at the discretion of KeyInfo. Clients hereby grant authority to KeyInfo to use personal information for this purpose, by security questions.
16. Suspension or Terminations of Service
- KeyInfo may, subject to this Agreement or Acceptable Use Policy, suspend or terminate services of a Client in its absolute discretion by providing email notice if:
- the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in KeyInfo’s opinion would have a negative impact on KeyInfo, other clients or KeyInfo’s staff or is detrimental to the welfare, good order or character of KeyInfo; or
- Any part of the Client’s Fees are not paid in full when due; or
- The information the Client supplied to KeyInfo is found to be incorrect or false;
- KeyInfo reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
- KeyInfo reserves the right to effect such suspension or termination without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension or termination, such Clients:
- Will not be eligible for reimbursement / compensation, unless at KeyInfo’s discretion
- May be further barred from signing up for any services with KeyInfo in the future
- May be reported to governing bodies, such as ISPA, for listing purposes
- May be listed with applicable authorities and credit bureaus.
- The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
17. Limitation of Liability and Indemnity
- KeyInfo WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND KeyInfo WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN KeyInfo EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
- In the event that KeyInfo is nonetheless held liable, the quantum of KeyInfo’s liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of KeyInfo or any other cause.
- USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS KeyInfo IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST KeyInfo ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
- These limitations on liability and indemnities apply to the benefit of KeyInfo and KeyInfo’s Affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the KeyInfo System.
- Nothing contained in this clause 17 will limit the Client’s liability in respect of charges incurred for ongoing Services.
- If the Consumer Protection Act 68 of 2008 is applicable to this Agreement, and any provision of this clause 17 is found by a court or tribunal with jurisdiction over KeyInfo to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 17 will have full force and effect.
- In the case of ambiguity, this clause 17 will take precedence over any expression of the Parties’ intention, whether express or implied, that may be contained elsewhere in this Agreement.
- All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other personal information must be made by Email or Telephone and KeyInfo reserves the right to ignore any such request made in any other manner.
- The Parties choose their addresses where they will accept service of any notices/documents for all purposes (apart from as described in clause 19.1) arising from this Agreement (domicilium citandi et executandi) and in the case of the Client, the addresses set out in the most recent Service Order agreed between the Parties.
- Either Party may vary its given postal address or other contact details by notifying the other Party in writing.
- Any notice given in terms of this Agreement must be in writing and any notice given by any Party to another (“the addressee”) which:
- is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
- if sent by fax during Business Hours, upon production of a satisfactory transmission report by the fax machine which sent the fax and if outside such Business Hours then at the beginning of the next Business Day; or
- is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee; or
- is posted by pre-paid registered post from an address within the Republic of South Africa to the addressee at its chosen postal will be deemed to have been received by the addressee on the 7th (seventh) day after the date of posting.
- Despite the above:
- any notice that KeyInfo sends by email to an email account hosted on the KeyInfo System by the Client will be deemed to have been received by the Client on the date of transmission; and
- if a written notice or communication is actually received by one of the Parties from the other, this will be adequate written notice or communication to that Party.
19. Interpretation & General
- Whole Agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
- Applicable Law & Jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
- Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
- No Indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
- Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
- Reading Down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
- Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.