Terms & Conditions

Terms as at 1 March 2022

1. Important notice
  1. You agree to provide Abdawa with true and correct information in order to render service to you and you give Abdawa permission to process your personal information.
  2. You agree that these terms may change and that you will check regularly for these changes.
  3. You agree that failure to settle amounts outstanding on your Abdawa account will result in account suspension.
  4. Acceptance of terms for any given service is not applicable to other services.
  5. You limit Abdawa’s liability and indemnify Abdawa for various acts or omissions.
2. Definitions
  1. “Abdawa” means Abdawa Pty Ltd or any other entity which Abdawa Pty Ltd may assign, cede or delegate any of their rights or obligations to.
  2. “Client” is the party described as such on any application or service executed between it and Abdawa.
  3. “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.
  4. “Supplier” means a supplier of goods and / or services to Abdawa.
3. Client obligations
  1. The client confirms that all information provided to Abdawa is true and correct. Abdawa reserves the right to request further information to validate any given information.
  2. Abdawa reserves the right to request verification of the identity of the primary account holder at any time. Failure to produce such verification may result in account suspension or cancellation of services.
  3. Abdawa’s website and provided services have been developed to be used within the bounds of acceptable use. Abdawa reserves the right to suspend or terminate any accounts which abuse theAbdawa platform in any way.
  4. Abdawa reserves the right to define what is considered acceptable use of the Abdawa platform.
  5. Abdawa reserves the right to remove any content hosted by clients which it considers illegal, offensive or contrary to the AUP.
  6. Abdawa reserves the right to suspend or terminate the account of any client found to be using Abdawa’s services to conduct any illegal or offensive practices. This is applicable to all services provided by Abdawa.
4. Availability of services
  1. Abdawa cannot guarantee provision of requested services upon receipt of the application.
  2. Abdawa will not be held liable for any downtime of services resulting from matters outside of its control. We provide a best effort service managed by highly competent technical staff.
  3. Abdawa will not be held liable for downtime encountered as a result of miss configuration of services (by the client), and/or deletion or corruption of files necessary for correct functioning of these services (by the client).
  4. Abdawa reserves the right to terminate a particular service offering after a 30 day notice period.
5. Payment for services
  1. Abdawa will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.
  2. Abdawa will not accept any liability or responsibility for any downtime encountered as a result of service suspension/termination due to unpaid accounts.
  3. Abdawa reserves the right to suspend services for which there are outstanding fees past the payment due date for these services.
  4. Accepted payment methods include Credit/Debit Card, Bank Transfer (EFT), Debit Order, ATM cash deposits.
  5. All credit card payments made through Stripe result in your card details being stored securely on Stripe. Future invoices for services using the Stripe credit card gateway are paid automatically with the stored credit card details. Card details can be removed upon request.
6. Debit Order Authorisation
  1. By accepting these terms, the client hereby authorizes Abdawa 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 at the beginning of each month (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.
  2. The client authorises Abdawa’s nominated agent to debit their bank account or Visa/Mastercard on Abdawa’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.
  3. 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.
  4. using the Payfast credit card gateway are paid automatically with the stored credit card details. Card details can be removed upon request.
7. Term and Termination
  1. Abdawa operates month-to-month contracts. Either the client or Abdawa may terminate the agreement, of a particular Service, by giving one calendar month’s notice to the other. For example if notice is given on the 13th of December, termination will take effect on the 1st of February.
  2. The client is able to terminate services through the Abdawa’s client area. Should the client not want to terminate services via the client area, written notice of service cancellation is required to be sent to admin@abdawa.co.za. 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, Abdawa will not be liable for any additional costs or compensation due to the error.
  3. Abdawa reserves the right to terminate any free services offered after a 30 day notice period.
8. Client information and privacy
  1. 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”.
  2. Abdawa 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.
9. Security
  1. Abdawa has implemented software, hardware, and physical security measures in line with good industry practice to ensure the protection of your data. Abdawa does not warrant that breaches in security will not take place.
  2. Clients should take care to ensure that no malicious software is executed on the Abdawa platform.
  3. Abdawa takes necessary measures to ensure that disaster recover procedures are followed completely in the unlikely event of a disaster (software or hardware). Abdawa provides no guarantee that this recovery will be successful or completed withing any given time period.
  4. The client consents to give Abdawa full permission to their account for investigation in the unlikely event of system compromise relating to that account.
10. Domain registration
  1. Abdawa registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Abdawa 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 Abdawa.
  2. The client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. Abdawa may post links to these terms and conditions on the Abdawa Website purely as a convenience to the client.
  3. Abdawa will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Abdawa cannot be held liable for any delays that may accompany the registration of domains. Initial setup fees are non-refundable. Domain name registration fees constitute a once-off payment subject to certain renewal charges.
11. Domain transfer
  1. Abdawa will transfer existing (registered) domains from existing hosting providers to Abdawa’s DNS and web servers. 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 Abdawa from any disputes regarding ownership of the domain and any claims as a result thereof.
12. Cancellation
  1. Cancellation, by the client or Abdawa, will result in any data being permanently removed from Abdawa’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. Abdawa 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 Abdawa will be made for legal purposes and not for data retention purposes and will not necessarily be made available to clients on request.
13. Registrant contact details for co.za, net.za, web.za and org.za
  1. The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and
  2. The registrant’s designated email address is accurately identified on the domain name record where prescribed.
14. Hosting services
  1. Abdawa reserves the right to refuse to host certain client’s websites and Abdawa reserves the right to refuse to register certain client’s domains
  2. Abdawa 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.
  3. Abdawa reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary.
  4. Abdawa reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives or stores on a Abdawa Server to ensure compliance with this agreement, or any applicable laws regulations or codes of practice.
  5. The client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the client’s facilities are targeted by a DOS attack that affects other network users, the client’s service will be suspended.
  6. Abdawa is not required to troubleshoot any issues relating to software installations (WordPress, Zencart, Opencart, etc.) on your account. The only time this is a requirement is when Abdawa has developed a website for the client.
  7. Support is not provided on our free hosting packages.
  8. Each client is limited to 1 free hosting package per account. Should clients be found to be creating multiple accounts with free hosting packages, Abdawa reserves the right to terminate all accounts relating to this client.
15. Backups
  1. Clients are solely responsible for backing up their data and Abdawa strongly encourages ALL hosting clients to do so as frequently and completely as possible. Abdawa will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
  2. Abdawa 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 Abdawa by instruction from clients or by clients themselves.
  3. Abdawa 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.
16. Email and SPAM
  1. Abdawa 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 Abdawa shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
  2. Abdawa reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
  3. Abdawa is not responsible for configuring emails on any email clients whatsover. Abdawa provides the platform which allows the accessibility of incoming and outgoing mails. Any configuration of email clients is to be management by the client’s IT administrator.
17. Retention of rights
  1. Abdawa makes no claim to the intellectual property (such as data) of clients hosted on their servers. However, all equipment remains the property of Abdawa and retention of data does not directly or indirectly give ownership of Abdawa hardware to clients.
18. Software updates
  1. Abdawa is responsible for ensuring that operating system software pertaining to its servers is up to date.
  2. Abdawa is NOT responsible for ensuring that software installed on your account (WordPress, ZenCart, Opencart etc.) is up to date. This is the responsibility of the client.
19. Affiliates
  1. Abdawa reserves the right to accept or reject any affiliate account applications.
  2. Abdawa reserves the right to terminate any affiliate account involved in practices de terminated unacceptable by Abdawa.
  3. Abdawa reserves the right to amend affiliate commissions after a 30 day notice period.
20. Limitation of liability and indemnity
  1. ABDAWA 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 ABDAWA WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF A ABDAWA EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
  2. In the event that Abdawa is nonetheless held liable, the quantum of Abdawa 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 Abdawa or any other cause.
  3. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS ABDAWA IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST ABDAWA ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
  4. These limitations on liability and indemnities apply to the benefit of Abdawa and Abdawa’s affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Abdawa platform.
  5. Nothing contained in this clause will limit the client’s liability in respect of charges incurred for ongoing services.
  6. If the consumer protection act 68 of 2008 is applicable to this agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over Abdawa 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 will have full force and effect.
  7. In the case of ambiguity, this clause will take precedence over any expression of the parties’ intention, whether express or implied, that may be contained elsewhere in this agreement.
  8. Abdawa 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.
  9. Abdawa reserves the right to disclose pertinent information to registrars for public disclosure as per the terms and conditions of the registrar. Abdawa will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
  10. The client indemnifies Abdawa 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.
  11. Abdawa cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, clients acknowledge that Abdawa may be presented with evidence that a Domain Name registered by a client violates the rights of a third party. In such instance Abdawa shall be allowed to provide a complainant with the client’s name and address and all further communication will exclude Abdawa and Abdawa 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 Abdawa until a court or other body with jurisdiction directs otherwise.
  12. Abdawa 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 ABDAWA IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
  13. The client hereby indemnifies and holds harmless Abdawa 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 Abdawa has been advised of the possibility of such damages.
  14. Abdawa 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.
  15. Neither Abdawa, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Abdawa’s hosting 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 hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Abdawa hosting service, unless otherwise expressly stated in this Agreement.
  16. Abdawa 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. Abdawa specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
  17. Abdawa is not responsible if an external company network and firewall is setup to block access to services Abdawa provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Abdawa provides it is the client’s responsibility to ensure that their network configurations are changed as necessary.
  18. Clients also hereby indemnify Abdawa 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 Abdawa to share or cover such losses or liability, either directly or indirectly. Abdawa is also indemnified from direct claims from clients for losses incurred due to 3rd party actions or claims.