Webnic solutions
Terms of Service & Privacy Policy
Terms of Service (Webnic.co.za)
1. Introduction and Acceptance
Welcome to Webnic.co.za (“Webnicˮ, “weˮ, “usˮ or “ourˮ). These Terms of Service (“Termsˮ) govern your access to and use of Webnicʼs domain registration, renewal, web hosting, email, and bulk email services (collectively, the “Servicesˮ). By signing up for or using any of our Services, you agree to be bound by these Terms, as well as our Acceptable Use Policy and Privacy Policy referenced herein. If you do not agree with these Terms, you must immediately discontinue use of the Services.
Legal Capacity: The Services are offered subject to your legal capacity to enter into a binding agreement. You represent that you are at least 18 years old, or if you are under 18, that you have obtained the consent of a parent or legal guardian to use the Services. If you are using the Services on behalf of an organization, you represent that you have the authority to bind that organization to these Terms.
Related Policies: Certain additional policies form part of these Terms by reference. These include our Acceptable Use Policy (AUP) (see Section 9) and our Privacy Policy (see Section 14). Please read these documents carefully, as they detail important rules and information about how we provide the Services and how we handle your data.
South African Law Compliance: We are based in the Republic of South Africa and comply with all applicable South African laws. This includes the Electronic Communications and Transactions Act 25 of 2002 (“ECTAˮ) and the Protection of Personal Information Act 4 of 2013 (“POPIAˮ). These Terms incorporate requirements from these laws to ensure your rights are protected and our practices are lawful. For example, if you are a consumer (natural person using the Services for personal use), certain additional rights and cooling-off periods may apply (see Section 18).
By using our Services, you acknowledge that you have read, understood, and agree to these Terms. If you have any questions, please contact us at [email protected] before proceeding.
2. Definitions
For purposes of these Terms, the following definitions apply:
“Client” or “you” refers to you, the individual or entity who has entered into this agreement with Webnic by using or purchasing our Services. This includes both consumers (individuals using Services for personal, noncommercial purposes) and business clients.
“Services” refers to all services provided by Webnic, including but not limited to domain name registration and renewal, website hosting, email hosting, bulk email sending services, and any related support or ancillary services.
“Webnic” (also “the Company”) refers to Webnic (Pty) Ltd, the provider of the Services. Webnic may also be referred to as “Service Provider” in some contexts.
“Acceptable Use Policy” or “AUP” is our set of rules outlining permitted and prohibited activities when using the Services. The AUP is detailed in Section 9 of these Terms and forms part of your agreement.
“POPIA” means the Protection of Personal Information Act 4 of 2013 (South Africa) and related regulations, which govern how we process personal information.
“ECTA” means the Electronic Communications and Transactions Act 25 of 2002 (South Africa), which among other things sets out certain consumer rights and information disclosure obligations for electronic transactions.
Other capitalized terms may be defined elsewhere in the text of these Terms. Any reference to a statute or law (like POPIA or ECTA) is to that law as amended or re-enacted, and references to particular sections of laws include all subsections and amendments. Headings are for convenience only and do not affect interpretation.
3. Description of Services
Webnic provides a range of internet-related services to clients:
Domain Name Services: We offer domain name registration, transfer, and renewal services for various top-level domains (TLDs) (e.g., .co.za, .com, etc.). We act as a registrar or reseller through accredited domain registrars to procure domain names on your behalf. Upon successful registration, the domain will be registered under your name (as the “registrant”), and you will be bound by the terms and policies of the relevant domain registry for that TLD. You are responsible for ensuring that your domain registration information is accurate and up-to-date, and for renewing your domain name before it expires.
Web Hosting Services: We provide web hosting solutions on Linux-based servers (including cPanel/WHM environments) and other platforms and 3rd party infrastructure. Our hosting allows you to upload and store your website files on our servers and make them accessible on the Internet. We offer various hosting plans (such as basic shared hosting, WordPress-optimized hosting, etc.), each with specific resource limits (disk space, bandwidth, databases, etc.) as described on our website or during the signup process. Hosting services are provided on a best-effort basis with a target of 99% uptime availability for our servers. While we strive to keep our servers operational 24/7, you acknowledge that no hosting provider can guarantee 100% uptime, and occasional downtime may occur due to maintenance, upgrades, or unforeseen technical issues.
Email Services: We provide email hosting services that allow you to create and use email accounts associated with your domain (e.g., [email protected]). We also offer bulk email services for clients who need to send high volumes of emails (for newsletters, notifications, etc.). Bulk email services may be subject to additional requirements (such as proof that recipients have consented to receive emails) to ensure compliance with anti-spam laws and our AUP (see Section 9 on No Spam). Standard email accounts may have storage quotas and sending limits, which will be communicated to you. We utilize reliable email routing (including through cPanel servers and optional integration with services like Cloudflare for DNS) to maximize deliverability, but we cannot guarantee that every email you send will reach its recipient or that it will not be flagged by recipient spam filters.
Related Services and Support: We may offer additional related services such as DNS management, SSL certificates, content delivery network (CDN) integration (e.g., through Cloudflare), data backups, and security tools. We also use 3rd party storage for certain backup storage and failover capabilities to enhance reliability and data protection. Any such ancillary services are provided under these same Terms unless explicitly provided under a separate agreement. Our customer support for all Services is available through the channels listed on our Contact page (such as support email and phone). We will use reasonable skill and care in providing support and attempt to resolve any issues you encounter with our Services.
The specific features and details of each Service offering are described on our website or ordering interface. From time to time, we may update our Services, introduce new features, or discontinue features that are outdated. We will endeavor to notify you of any material changes to the Services you are using. Your continued use of the Services after any changes indicates your acceptance of those changes.
4. Account Registration and Client Information
To use our Services, you must create an account in our billing and management system. When registering an account and whenever you use the Services, you agree to provide true, accurate, current, and complete information about yourself (or your organization, if applicable) as prompted by our registration and order forms. This includes, but is not limited to, your full name or company name, physical address, email address, phone number, and if you are a business, any relevant company registration number and VAT number (if applicable).
You agree to keep your account information updated. If any of your details change, you must promptly update them in the client portal or notify us so we can update your records. Providing false information or using another person’s identity (impersonation) is strictly prohibited and may lead to suspension or termination of your account.
Account Security: Upon registration, you will choose or receive login credentials (such as a username and password). You are responsible for maintaining the confidentiality and security of your login credentials and for all activities that occur under your account. You must use a strong, unique password and it is recommended to enable two-factor authentication (2FA) if available in our client portal. Do not share your password with any unauthorized person. If you believe your account has been compromised (e.g., you suspect someone else has gained access to your credentials), you must notify us immediately and change your password. We are not liable for any loss or damage arising from unauthorized access to your account due to your failure to safeguard your credentials.
Account Verification: For security and anti-fraud purposes, Webnic may require verification of your identity or other provided information. We reserve the right to vet or validate new accounts or orders to prevent fraud. This may include requesting copies of identification documents or other proof of identity or address, especially if suspicious or high-value transactions are involved. If you fail our account validation process or do not provide requested verification information, Webnic may refuse to activate Services, or may suspend or terminate Services provided, in order to protect itself from fraud or misuse. In such cases, if you have already made payment, we may refund amounts paid (minus any reasonable costs incurred or non-refundable fees) if we decide not to provide the Service. Webnic reserves the right to decline to provide Services or close accounts where the information provided is false, incomplete, or fails verification checks.
Authorized Use of Account: You are responsible for any use of your account and Services by you or by others whom you have permitted to use your account (such as your employees or technical representatives). If you are a business and you allow employees or contractors to access the Webnic client portal or hosting control panel, you must ensure they are bound by these Terms and that they use the account only for your authorized purposes. We will act on instructions or requests that we reasonably believe to be coming from you or someone authorized on your account. We will not be responsible for any unauthorized activities on your account if we were entitled to believe the access was authorized.
5. Fees, Billing and Payment
Pricing: The fees for our Services are as set out on our website or as quoted to you during the order process. All prices are stated in South African Rand (ZAR) unless otherwise noted. We strive to ensure our pricing is transparent – the price you see for a given service will include any applicable taxes (such as VAT) and standard charges, or we will clearly indicate if additional taxes or fees apply. For domain registrations, the fee typically covers the initial registration period (e.g., 1 year) and there will be separate renewal fees for subsequent periods.
Billing Cycle: Services are generally sold on a recurring subscription basis (e.g., monthly or annual plans) or a fixed-term basis for certain offerings. When you sign up, you will select the billing term (monthly, yearly, multi-year, etc.) for applicable services. Domain name registrations are typically billed annually (or multi-year if you choose a longer registration period). Hosting and email services can be billed monthly or annually according to the plan you choose. By default, your services will automatically renew at the end of each billing term to avoid interruptions, unless you cancel the service prior to the renewal date (see Section 6 on Cancellation). We will generate invoices for recurring fees in advance of each renewal period.
Payment Methods: We accept various payment methods, such as credit/debit card, debit order, or other online payment processors (e.g., PayFast or similar, if available). The available payment options will be presented at checkout. By providing your payment information, you authorize Webnic to charge the applicable fees to your selected payment method on the schedule of your billing cycle. If you enroll in automatic payment (e.g., save a card or use debit order), you agree that we may automatically charge your card or account for renewal fees when due, without further action by you.
Payment Timing: All fees must be paid in advance of the service period they cover, unless we expressly agree otherwise in writing. For example, if you are on a monthly plan, the monthly fee must be paid at the start of each month of service; for annual plans, the annual fee is paid up front. Domain registration and renewal fees must be paid before we will register or renew the domain. Activation of Services is contingent on receipt of payment. Webnic may, at its discretion, provision new services before payment is fully confirmed (for example, in case of a slight delay in an EFT clearing), but we reserve the right to suspend or cancel services if payment does not clear or is reversed.
Non-Payment and Late Payment: It is your responsibility to ensure payments are made on time. We will send invoices and/or payment reminders to the email address on your account. If an invoice is not paid by the due date, we reserve the right to suspend the related Service until payment is received. We may also impose late fees or interest at the maximum rate allowed by law on overdue amounts (this will typically be stated on the invoice, if applicable).
Domain renewals: If you fail to pay the renewal fee by the domain’s expiration date, the domain may expire and become inaccessible; additional redemption fees might apply to recover an expired domain, or it may become available for someone else to register. Webnic is not responsible for loss of domain names due to failure to pay renewal fees on time.
Currency and Taxes: All transactions are processed in ZAR unless otherwise indicated. If you are located outside South Africa and your credit card or bank account is in another currency, your bank may charge currency conversion fees or use an exchange rate to convert the charge to your local currency – we are not responsible for such conversion differences. Our prices include South African VAT where applicable (we will issue VAT invoices for South African clients). If you are exempt from VAT or entitled to zero-rating (e.g., if you are an export customer), you must provide us with the necessary documentation in advance; otherwise, VAT will be applied. Any other taxes, duties, or charges imposed by jurisdictions outside of South Africa are your responsibility.
Price Changes: We reserve the right to change the fees for our Services from time to time. For recurring services, we will give you reasonable advance notice of any fee increase before it applies to you (for example, by emailing you or posting the new price in your account at least 30 days before renewal). If you do not agree with a price increase, you may elect not to renew the service or to cancel the service before the new pricing takes effect. Continuing to use the Service or allowing it to renew after the price change constitutes your acceptance of the new fees. Promotional or special prices are valid only for the initial term specified; renewals will be at the standard rate then in effect, unless the promotion explicitly applies to renewals.
Refunds: Fees paid are generally non-refundable except at our discretion or if required by law. For example, if you cancel a service mid-term, we are not obligated to refund the unused portion of the term. Domain registration fees are not refundable once the domain is registered, since we incur costs with the registry. In some cases (such as a 30-day money-back guarantee on certain hosting plans, if advertised), refunds may be available for cancellations within a specified period – refer to any specific product terms. If an account is terminated due to your breach of these Terms (e.g., due to prohibited conduct), you will not be entitled to any refund for unused services.
Disputed Charges: If you believe there has been a billing error or you wish to dispute a charge, you must contact us in writing (via support ticket or email to [email protected]) within 30 days of the charge date. We will investigate the issue and, if an error is found on our side, we will correct it (by credit or refund). You agree not to initiate a chargeback with your bank or credit card provider without first attempting to resolve the matter with us. Unauthorized chargebacks may be treated as a breach of your payment obligations. We reserve the right to suspend services for accounts with unresolved chargebacks or disputed payments.
6. Service Term, Renewal, and Cancellation
Term and Renewal: The initial term of each Service you purchase will be as per the billing cycle you select (e.g., one month, one year, etc.), starting from the date of activation.
Automatic Renewal: To ensure continuity of service, each Service will automatically renew for successive terms equal to the initial term (for example, another month or another year) unless you cancel the Service in accordance with this Section. We will normally send a renewal reminder in advance (especially for annual services and domains), but it is ultimately your responsibility to keep track of when your services are due for renewal. By default, we will charge your saved payment method for the renewal fee when it comes due.
Cancellation by You: You may cancel a Service at any time through our client portal or by contacting our support team. “Cancellation” means that the Service will not automatically renew at the end of the current billing period. For monthly services, cancellation should be done at least a month before the next billing date to qualify for a month’s notice for the next month. For annual services or domain names, you should cancel before the renewal invoice is due (which is typically at least 30 days before expiration for domains). Once you submit a cancellation request, we may provide confirmation of the cancellation. The Service will remain active until the end of the period you have paid for, and then it will be terminated and not renewed. If you desire immediate termination (e.g., you want to shut down the service and not wait for the term to end), please specify this in your cancellation request; otherwise, we assume you want to use the remaining paid time.
No Refund on Cancellation: Unless otherwise specified in a product-specific guarantee or required by law, cancelling a service mid-term does not entitle you to a refund of fees already paid. For instance, if you prepaid for a year of hosting and cancel after 6 months, the remaining unused months will not be refunded. The service will simply not renew for another term. An exception may be if you are a consumer (non-business) user who is canceling under the ECTA cooling-off period (see Section 18), in which case a refund may be handled as required by law.
Our Right to Terminate or Suspend: Webnic reserves the right to suspend or terminate your use of the Services at any time, with or without notice, in the following circumstances:
For Cause (Breach or Misuse): If you violate these Terms or any policy incorporated herein (including the AUP), or if we determine in our reasonable discretion that your use of the Service is causing significant harm or legal liability (for example, your hosted content is illegal or you are sending spam emails in violation of our policies), we may suspend the Service immediately. In serious cases or repeat violations, we may terminate the Service and your account entirely. Suspensions for abuse or security issues may be done without prior notice to prevent ongoing harm, though we will inform you afterward and, where possible, give you an opportunity to cure minor violations.
Non-Payment: If any fees due for a Service remain unpaid after the due date, we may suspend the Service until payment is received. If payment is not received within a reasonable time after suspension, we may terminate the Service. For domain names, non-payment of renewal fees will result in the domain not being renewed and it may eventually be deleted from the registry (after any grace periods).
Fraud or Misrepresentation: If we discover that the information you provided us is false or that the account is engaged in fraud (e.g., using stolen payment details) or other deceptive practices, we may terminate the account immediately. Similarly, if we have reasonable suspicion that an order or account is fraudulent or poses unacceptable risk, we may refuse to provide or continue service.
Required by Law: If a regulatory or law enforcement authority, or a court order, directs us to terminate or suspend service to you (for example, due to illegal content or an investigation), we will comply and terminate or suspend as required. Additionally, under ECTA and other laws, if we receive a valid takedown notice (for unlawful content on your website) or other official notice of illegal activity, we may disable access to the content or service as needed (see Section 11 on Abuse and Lawful Disclosure).
Effect of Suspension/Termination: Suspension of a service is temporary – your data remains on our systems, but you cannot access it or use the service until the suspension is lifted. Termination is permanent – your account or service is closed, and data may be permanently deleted from our servers (see Data Deletion below). If we terminate your account or a service for cause (e.g., due to your breach), we are not liable for any damages or losses you suffer due to termination, and you will not receive any refund. If termination is without cause (e.g., we choose to discontinue a particular service offering generally), then we will provide a pro-rata refund for any prepaid period you will not use, or offer an alternative service if appropriate.
Data Deletion: Upon termination of a service (whether by you or by us), your data associated with that service (website files, databases, emails, backups, etc.) may be deleted from our servers. It is your responsibility to ensure you have copies of your data prior to cancellation or termination. Webnic may, for a short period, retain backup copies for its own archival purposes or to comply with legal obligations, but we are not obligated to store your data after termination unless required by law. Please note that if a service is suspended for non-payment, data may still be deleted eventually if the account remains in arrears and is then terminated.
Reactivation: If your account or service was suspended or terminated and you wish to reactivate it, you should contact us. Reactivation is at our discretion and may be subject to resolving the original issue (e.g., paying outstanding fees or curing the policy violation) and payment of a reactivation fee. Domains in redemption or expired status might incur additional fees to restore, per registry policies.
7. Service Level and Uptime Commitment
Webnic is committed to providing a reliable hosting environment and has a target Service Uptime Goal of 99%. This means we strive to ensure that our hosting servers and network are available at least 99% of the time, measured on a monthly basis. Uptime is calculated as the total time the server is operational and reachable over the given period, excluding scheduled maintenance windows.
Best-Effort Standard: While we aim for 99% uptime or higher, you acknowledge that occasional downtime or interruptions may occur for various reasons beyond our control or as part of routine maintenance. Even the largest and best-run websites experience some downtime. Therefore, except where a separate Service Level Agreement (SLA) is explicitly offered for a specific service, our uptime goal is not a guarantee but a target we strive to meet. In the event of unplanned downtime, our obligation is to work diligently to restore service as soon as possible.
Scheduled Maintenance: We may periodically need to perform maintenance on servers, networks, or other infrastructure (for example, to apply security patches, upgrade hardware, etc.). When possible, such maintenance will be scheduled during off-peak hours to minimize impact on clients. We will provide advance notice (via email or our website) for any scheduled maintenance that is expected to cause significant downtime. Scheduled downtime for maintenance is typically excluded from uptime calculations and does not count as a breach of our uptime commitment. We aim to notify you at least 24 hours in advance of any scheduled downtime.
Unscheduled Outages: In the case of an unexpected service disruption (e.g., hardware failure, network outage, security incident), we will promptly investigate and take remedial action. Our support team will post updates if a widespread issue occurs, either via email, our support portal, or a status page. You are encouraged to check our “Network Status” or announcements in the client area for updates on major outages. We also maintain redundancy and backup systems (including using AWS for certain failover scenarios) to mitigate downtime where possible.
Remedies for Extended Downtime: If our service availability falls significantly below our 99% target in a given month (for example, due to a server issue causing prolonged downtime), we may, at our discretion, offer affected clients a service credit or partial refund as a gesture of goodwill. The issuance of any credits will be evaluated on a case-by-case basis, considering the extent of the downtime and its causes. Any such credits, if issued, will be your sole remedy for downtime or service interruptions. We have no obligation to provide compensation for downtime caused by factors outside of our reasonable control (force majeure events such as major internet outages, power grid failures, cyberattacks, etc.), or due to your own actions (e.g., a script on your site consuming excessive resources causing a crash).
Scope of Uptime Monitoring: Our uptime monitoring and commitments apply to our core server/network availability. This means the ability of your server or site to respond to HTTP (web) requests or ping requests from the internet. It does not guarantee that individual services or software on your hosting account (like a specific website code, database, or email delivery to all destinations) will have no interruption. For example, if your website is up but an individual email is not delivered because it was blocked by a recipient’s server, that is not an “outage” of our service. Similarly, email spam filtering or other security measures might block certain messages for safety, which is not considered downtime (see Section 9, No Spam Policy). Additionally, any client-side issues (such as your ISP problems or browser issues) are outside our control.
High Availability and Backups: We employ measures to maintain uptime, such as server monitoring, firewalls, backup power, etc. For critical data, we also maintain backup systems. However, our backups (if provided) are primarily for disaster recovery of our infrastructure. Clients are expected to maintain their own backups of websites and content (see Section 8). We do not guarantee that a backup will be available to restore your specific data or that backup restoration will be instantaneous after a server failure. In any event, we will make best efforts to restore functionality and data as quickly as possible.
In summary, Webnic will use best efforts to provide continuous service with minimal interruptions. We understand your website and email are important to you and your business. If you have any questions or concerns about our uptime or need clarification on any outage, our support team is here to assist.
8. Client Responsibilities and Data Backups
Using Webnic’s Services effectively and safely requires certain responsibilities on your part as the Client. By using our Services, you agree to the following responsibilities:
a. Compliance with Law and Policies: You are responsible for ensuring that your use of the Services (including any content you upload, publish, or transmit) complies with all applicable laws and regulations, as well as with these Terms and our Acceptable Use Policy (Section 9). This includes, for example, obligations under copyright law (if you publish content, you must have the rights to it), privacy laws (if you collect personal data through a website you host with us, you must handle it lawfully), and any sector-specific regulations relevant to your content or communications. You should familiarize yourself with what is allowed and not allowed, as detailed in Section 9.
b. Content and Software Management: You are solely responsible for all content and data on your website or in your email account. Webnic does not review or verify content you host; we simply provide the storage and transmission platform. If you use web applications (e.g., a CMS like WordPress or other software) on our hosting, you must keep those applications up to date and secure. This includes applying updates and patches in a timely manner to avoid known vulnerabilities. You are also responsible for the security of any scripts or code you install. Outdated or vulnerable software can be exploited by attackers, leading to compromised accounts (which might send spam or host malware without your knowledge). Webnic reserves the right to intervene (including potentially disabling or quarantining infected files) if we detect malicious content or if your site is causing security issues, but the primary responsibility lies with you to maintain your content and software.
c. Safeguarding Access: As noted in Section 4, you must safeguard your passwords and access credentials. Do not share access to your hosting control panel or client area with untrusted parties. Use secure protocols (for example, SFTP instead of plain FTP, and secure email ports with SSL/TLS) to access services whenever possible. If you manage multiple users (e.g., email accounts for your domain), ensure each user uses strong passwords and follows security best practices. You will be responsible for actions taken through your accounts, including any misuse by users you have authorized. If an email account or website on your hosting is compromised (hacked), you must act swiftly to secure it (change passwords, clean malware, etc.) and you should notify us so we can assist or at least be aware (since compromised accounts are often used to send spam or launch attacks, which can affect our server’s reputation).
d. Data Backups (Client’s Responsibility): You are required to maintain up-to-date backup copies of all your important data stored with us. This includes website files, databases, email messages, and any other content. While Webnic may implement its own backup routines, those are primarily for server recovery purposes and are provided as a courtesy rather than an obligation. We cannot guarantee that our backups will capture your data at a specific point in time or that they will be available or usable for your purposes. Therefore, you must not rely solely on Webnic’s backups. Use the backup tools provided (for example, cPanel backup utilities) to download your data regularly, or arrange an automated backup to an off-site location that you control. Maintaining independent archival copies of your data is crucial. In the event of data loss (whether due to your actions, hacker activity, hardware failure, or our error), Webnic’s liability is limited as described in Section 16, and having your own backup is your best protection against irretrievable loss.
e. Resource Usage and Fair Use: You must use server resources (such as CPU, RAM, disk space, bandwidth) within the limits of your hosting plan and in a manner that does not disrupt other clients on shared services. If your usage is excessively high or threatens server stability (for example, a script in an infinite loop consuming CPU, or sending an unusually high volume of emails), we may throttle or suspend your service to preserve overall server performance. Specific resource limits are defined by your plan (and possibly in our AUP or Fair Use Policy). It is your responsibility to monitor your usage (we provide tools and stats in the control panel) and to upgrade to a higher plan if needed, or optimize your applications, to stay within acceptable usage.
f. Email Practices: If you are using our email or bulk email services, you must manage your email sending practices responsibly. Ensure that you have proper opt-in consent for any bulk or marketing emails (see No-Spam policy in Section 9). Monitor your email accounts for any signs of compromise or abuse (such as bounce-back messages indicating spam activity). If you run a mailing list or newsletter, comply with best practices (include unsubscribe links, honor removal requests promptly, etc.). You should also periodically clean your mailing lists to remove invalid addresses, as large numbers of bounces can signal spam and affect service quality.
g. Domain Renewal Management: For domain registration clients, you must pay attention to your domain’s expiration date and ensure timely renewal if you want to keep the domain. While we send reminders as a courtesy, delivery of such reminders is not guaranteed, and ultimate responsibility rests with you. If you no longer want a domain, you can let it lapse or explicitly cancel it. If a domain expires, any associated services (website, email) will cease to function, and the domain could eventually be made available for others to register. Webnic is not responsible for losses due to expired domains that were not renewed in time.
h. Accurate WHOIS Information: For domain registrations, you are required by ICANN (for generic domains) and local registry policies (for .ZA domains) to provide accurate WHOIS contact information. This typically includes the registrant’s name, organization (if any), physical address, email, and phone. Providing false information can lead to suspension or cancellation of the domain by the registry. If you need privacy or proxy services to protect your personal information, consult us if available for the TLD. In the case of .co.za and related domains, the ZA Registry may require certain contact details to reflect the true beneficiary (domain owner). You agree to keep your domain WHOIS data up to date and to respond to any inquiries regarding its accuracy.
i. Cooperation and Notification: You agree to promptly cooperate with any reasonable security or abuse investigations we conduct. For example, if we detect malware on your site, we might contact you with steps to clean it – you should address these promptly to prevent suspension. If we receive abuse reports (like spam complaints) related to your service, we may forward them to you and expect you to resolve the issue (e.g., stop the spam, secure the account). Additionally, if you notice any security incidents or performance issues on our platform, please notify our support so we can investigate and assist.
By adhering to these responsibilities, you help us maintain a secure and efficient service for everyone. Your failure to fulfill these client responsibilities may not only increase the risk of issues for you but can also be considered a breach of these Terms, potentially leading to service suspension or other actions as described elsewhere in these Terms.
9. Acceptable Use Policy (Prohibited Conduct)
Our Acceptable Use Policy (AUP) is designed to ensure that all clients use the Services in a lawful and respectful manner without harming others or our network. Any violation of this AUP is considered a material breach of the Terms and may result in suspension or termination of Services, as well as potential legal action if warranted. By using our Services, you agree not to engage in any of the following prohibited activities:
9.1 Illegal or Harmful Content and Activities
You may only use our Services for lawful purposes. Any use of our Services to store, transmit, distribute, or facilitate content or activities that violate South African law or any applicable law is strictly prohibited. This includes (but is not limited to):
Unlawful Content: Content that is illegal, obscene, or indecent, such as child pornography or exploitation material (which is absolutely forbidden), any material constituting or encouraging hate speech or violence (e.g., propaganda to incite violence, discriminatory material against protected groups), or any other content the possession or distribution of which is prohibited by law (for example, illegal drugs or illicit substances).
Harassment or Harm: Using the Services to stalk, harass, bully, or threaten harm against any person is prohibited. This includes content that defames an individual or entity, or which invades another’s privacy or is used to abuse or target someone unfairly.
Fraud and Impersonation: You may not use the Services to engage in fraudulent activities of any kind. This includes misrepresenting your identity or affiliation in online communications (impersonating someone else without authorization), phishing schemes (tricking others into revealing sensitive information), pyramid or Ponzi schemes, or any deceptive practices intended to defraud the public.
Intellectual Property Infringement: You must not host or share content that infringes the copyrights, trademarks, patents, trade secrets, or other intellectual property rights of others. This means no hosting of pirated software, music, movies, or books; no offering downloads of copyrighted material without permission; and no use of another’s trademarks in a way that confuses consumers. If you are found to be infringing IP rights, we may disable the content and terminate the service after notice. Repeat infringers will have their accounts terminated in accordance with the law.
Violations of Privacy or Personal Rights: You may not collect, or attempt to collect, personal information about third parties (such as email addresses, phone numbers, government ID numbers, credit card data) without their knowledge or consent. Any effort to harvest data (e.g., scraping web pages for personal info) or to publish someone’s personal details (doxing) is prohibited. Also, any content that violates an individual’s right to privacy or publicity (such as using someone’s likeness without permission) is not allowed.
Malicious or Destructive Content: Do not upload or distribute viruses, worms, Trojan horses, ransomware, or other malware via our Services. Likewise, content that is used to facilitate phishing or hacking (such as key generators, hacking tutorials, or illegal software activators) is not allowed on our servers. If we find malicious code in your hosting (even if you were unaware, such as via a hack), we may take immediate action to isolate or remove it.
9.2 Security Violations
You are strictly prohibited from using our Services to compromise the security of our network, other networks, or any users:
Unauthorized Access: Any attempt to gain unauthorized access to any systems or networks is forbidden. This includes port scanning, stealth scanning, or other information gathering of networks without permission; attempting to hack into other accounts, websites, or servers (whether ours or others); or using our Services as a platform to launch attacks on others.
Network Interference: You must not interfere with or disrupt the integrity or performance of our servers or network, or third-party networks. Examples of prohibited interference include deliberate attempts to overload a system (e.g., Denial of Service (DoS) or Distributed DoS attacks), packet flooding, mail bombing, or deploying any stress testing tools against any system without authorization.
Evasion and Monitoring: You must not use our Services to bypass any network authentication or security measures of any host, network, or account (often known as “cracking” or “hacking”). Also, running tools like packet sniffers or keystroke loggers or any form of network traffic monitoring on our network (except for your own traffic) is prohibited. Forging any TCP/IP packet headers or any part of the header information in an email or newsgroup posting (i.e., spoofing) is also prohibited.
Distribution of Hacking Tools: It is not permitted to store, post, or transmit any software or tools that facilitate hacking or unauthorized access (for example, programs for guessing passwords, network probing tools, exploit kits). Such content will be removed if found, and the account may be suspended.
Server Resource Abuse: Running background processes on shared servers without permission, or any process that listens on network ports, is typically not allowed (unless specifically provided for in certain plans). Also, any attempt to operate an anonymous proxy or “open relay” on our servers is strictly prohibited. These can be exploited by attackers and pose a risk to our infrastructure.
Cryptocurrency Mining or Torrents: Unless you have a plan that expressly permits certain high-resource activities (such as a VPS for personal use), you may not use shared hosting accounts for cryptocurrency mining, running torrent clients/trackers, or similar resource-intensive and potentially illegal or infringing activities. These are typically disallowed on shared and reseller hosting environments due to the extreme resource usage and legal issues associated.
9.3 Email and Messaging – No Spam Policy
Webnic maintains a zero-tolerance policy for spam. You may not use our Services to send unsolicited bulk emails, unsolicited commercial emails, or unsolicited messages of any kind (collectively, “spam”). We monitor for spam and reserve the right to suspend any account found to be sending spam.
Unsolicited Emails: You must ensure that all recipients of emails sent through our Services have affirmatively opted-in to receive such communications from you. Sending marketing or bulk emails to addresses obtained without consent (purchased lists, scraped from the web, etc.) is strictly prohibited. This applies to email, SMS, instant messaging, or any other communication channel you use via our Services.
Identification and Opt-Out: Emails sent using our services must adhere to legal requirements such as those found in the CAN-SPAM Act (USA) or equivalent, and South African law. This includes having a valid “From” and “Reply-To” address, not misleading header or subject lines, including your physical mailing address, and a clear opt-out mechanism in each bulk or commercial email. If a recipient asks to unsubscribe or opt-out, you must honor that request promptly and refrain from sending that recipient further emails.
Prohibited Content in Emails: Do not send emails with deceptive content, such as scam offers, phishing links, or malware attachments. Also, emails should not contain content prohibited under Section 9.1 (illegal, hateful, etc.). Using our email services to facilitate fraud (like “Nigerian prince” scams, counterfeit products, etc.) will result in immediate termination.
Bulk Email Limits and Policies: Even for solicited bulk email (e.g., a newsletter to your customers), you must abide by any sending limits or rate restrictions that apply to your service. If you require to send a very large volume of emails, discuss with us about our bulk email service offerings which may be separated from normal hosting SMTP. Using a shared hosting email account to send out tens of thousands of emails will likely trigger our outbound spam filters and may cause suspension. We classify “Bulk Email” as larger-scale sending, even if intended for legitimate recipients. If you engage in bulk sending, we may require you to use specialized SMTP relays or bulk mailing accounts that we provide for that purpose, to not impact other users.
Monitoring and Interception: Webnic reserves the right to scan or filter outgoing emails for signs of spam or malware. We employ monitoring tools that check for indicators like the volume of emails, presence of spam-like content, bounce rates, spam trap hits, etc. Emails that are clearly spam or malicious may be blocked, and we may notify you of the incident. We also reserve the right to sample email content if needed to investigate a spam allegation (though we respect privacy and will not routinely read your emails – any such inspection would be targeted and for ensuring compliance). Per ECTA requirements, any unsolicited commercial communication must allow the recipient to request the sender’s source of their contact info – should we receive spam complaints, you may be asked to provide proof of consent or source of the addresses.
Compromised Accounts: If your website or email account is compromised and used to send spam (for example, a malware script is sending emails from your account without your knowledge), we will likely detect the abnormal activity. In such cases, we may immediately suspend the email service or the hosting account to stop the outgoing spam. We will then contact you to assist in securing your account (reset passwords, remove malware, etc.). We understand such situations might not be your intent, but to protect our server’s reputation (IP blacklisting, etc.), we must act swiftly. It’s then your responsibility to clean up and secure your site before we can re-enable sending.
Third-Party Mail Relays: You must not use external third-party mail servers to relay mail through our server (open relay abuse). Using our network to connect to and abuse other mail servers or to mask the origin of spam is prohibited.
9.4 Other Prohibited Activities
Abuse of Infrastructure: Running any publicly accessible service or daemon on a shared hosting account (like a game server, IRC server, or VOIP server) is not permitted unless explicitly allowed by your plan.
Tor or Anonymization Services: Operating Tor exit nodes or other anonymizing proxy services on our infrastructure is forbidden.
Crypto Mining: As mentioned, cryptocurrency mining on shared servers is disallowed.
Excessive CPU/Memory Usage: Long-running computational tasks that use high CPU for extended periods (e.g., video encoding, scientific computations) should not be run on shared hosting.
Filesystem Abuse: Storing large amounts of unrelated data (like using a hosting account as a general cloud storage or backup archive unrelated to your website) is not allowed. Hosting accounts are meant for website content and related data.
Reselling Services: Unless you are on an authorized reseller plan or have written permission, you may not resell or sublease our services to third parties.
9.5 Consequences of Violation
If we determine (in our sole reasonable discretion) that you have violated this Acceptable Use Policy, we may take one or more of the following actions as we deem appropriate:
Issue a warning or request for you to remedy the violation immediately.
Remove or disable access to content that violates the policy.
Suspend your account or specific services temporarily while the issue is addressed.
Terminate your account and Services for severe or repeat violations, with or without notice.
Report the matter to law enforcement or other authorities if the activity is suspected to be illegal.
Charge cleanup or administrative fees if your actions result in costs to us (for example, blacklisting cleanup).
You understand and agree that Webnic shall have sole discretion in interpreting and applying this AUP, and that our determination of any violation shall be final and binding. We will act in good faith and fairness, but we prioritize the security and integrity of our services for all clients.
If you believe we have unfairly flagged your account for an AUP violation, you may contact us to discuss or appeal. We do provide a means to explain or rectify unintended violations (for example, if you were not aware an uploaded file was illegal and you remove it, we may reinstate service). However, blatant or egregious violations (hosting phishing sites, deliberate spam, etc.) will not be tolerated.
Please take the time to familiarize yourself with this AUP and ensure that anyone using the Services under your account (such as an employee or webmaster) is also aware of these restrictions. This will help prevent issues and ensure a safe online environment for everyone.
10. Suspension, Termination and Enforcement for Abuse
(This section supplements the termination provisions of Section 6 by focusing on abuse scenarios and our rights to mitigate harm.)
Webnic takes the stability and security of its Services seriously. If we detect, or are made aware of, abusive or prohibited activities associated with your account (as described in Section 9 above), we have the right to take immediate action to prevent harm to our network, other clients, or third parties. This section outlines how we handle such situations:
Immediate Suspension: In cases of severe misconduct or abuse, we may suspend your Service without prior notice. Examples include: your server is participating in a DDoS attack, your website is spreading malware, your email account is spewing out spam, or illegal content (like child exploitation images) is found. In these scenarios, delay in suspension could cause further harm or could implicate us in ongoing wrongdoing, so we must act swiftly. We will make reasonable efforts to notify you after suspending, describing the reason and what steps (if any) you can take to reinstate service (for instance, cleaning the malware and securing your site).
Investigation: Upon suspension for suspected abuse, our team will typically investigate the issue (review logs, analyze malicious files, etc.). You are expected to cooperate in any investigation. For example, we may ask you for logs, for explanation of certain actions, or for proof of consent (in a spam allegation). During investigation, the suspension might remain in place if leaving the service active poses a risk.
Client Notification and Response: We will send notices to your registered email address and/or via support ticket regarding any violations or actions taken. It’s important that you maintain an updated email and check for communications. If you receive a notice, you should respond promptly and address the issue. A lack of response may result in escalation of our actions (continued suspension or termination).
Mitigation and Remediation: Depending on the violation, we might allow you to remedy the issue. For example, if your site was hacked, we might require you to remove the malicious code and patch the vulnerability. If you sent spam due to a mailing list error, we might ask you to implement proper opt-in procedures going forward. We prefer to resolve issues with client cooperation when possible. However, the decision to reinstate a suspended service is at our discretion and will depend on our confidence that the issue has been resolved and will not recur.
Repeat Violations: If your account has been found in violation of the AUP more than once, or if a single violation is particularly egregious, we reserve the right to terminate the account permanently, even if you remedied prior issues. For instance, if we warned you about one phishing page and then later find another, it shows a pattern of negligence or malicious activity, and we may choose to sever the relationship. In such cases, you will be notified of termination, and any data remaining on our servers may be deleted.
Disclosure to Affected Parties: In some cases of abuse, we may receive complaints from third parties (e.g., another network owner detecting attacks, a user claiming harassment, a copyright holder sending a takedown notice, etc.). It is our policy to comply with legitimate complaints and legal notices. We may notify the complainant of actions taken (e.g., “we have suspended the service responsible for the DDoS traffic”). If law enforcement is involved or if we are legally compelled (by subpoena, court order, etc.), we may also be required to preserve and/or disclose certain information about the abusive account (see Section 11 on legal compliance). We will follow applicable law in such circumstances and our Privacy Policy regarding user data.
Abuse Reporting by Clients: If you become aware of abuse emanating from Webnic’s network (for example, another Webnic client sending you spam or a site hosted by Webnic engaging in illegal acts), we encourage you to report it to us at [email protected] (or another designated contact). We will review all abuse reports and take appropriate action. We also provide this contact to external parties if needed (e.g., in WHOIS abuse contacts for our IP ranges or domains).
No Criminal Activity Tolerance: Any use of our Services for criminal activities may be grounds for immediate termination and possibly referral to law enforcement. This includes but isn’t limited to exploitation of minors, human trafficking, terror-related activities, financial fraud, and cybercrimes (hacking, spreading viruses, etc.). Webnic will comply with criminal investigations as required by law, including preserving evidence and providing information to authorities when presented with lawful requests.
System or Network Security Violations: As detailed in Section 9.2, attempts to compromise system or network security can result in civil or criminal liability. We will investigate incidents involving such violations, and if we believe criminal conduct is involved, we will involve law enforcement and share necessary information. You could also be liable to Webnic for any damage caused (for example, costs to repair systems or mitigate attacks).
In summary, while we prefer to work with our clients to ensure compliance and fix issues, Webnic will not hesitate to enforce this Terms of Service and AUP to maintain the safety and integrity of our Services. Suspension or termination for abuse is a tool of last resort, but one we will use decisively when needed. We thank you for understanding the importance of these rules and for using our Services responsibly.
11. Legal Compliance, Takedown, and Disclosure
Webnic is committed to operating within the bounds of the law and expects its clients to do the same. This section explains how we handle legal issues such as copyright complaints, law enforcement requests, and disclosures required by law.
Compliance with Law: You agree to use our Services in compliance with all applicable laws and regulations. This includes South African laws (which govern our operations) and, if you are in another jurisdiction, the local laws that apply to your online conduct. If your use of the Services results in us being subject to legal complaints or allegations (for example, your hosted content is alleged to be defamatory or infringing), you agree to cooperate with us in resolving the issue and to indemnify us if necessary (see Section 17 on Indemnification).
Copyright and Intellectual Property Complaints (DMCA/NTD): We respect intellectual property rights. If we receive a takedown notice or complaint alleging that content hosted by you is infringing someone’s copyright (for example, under the U.S. Digital Millennium Copyright Act (DMCA) or under similar provisions of ECTA or other applicable law), we will follow the prescribed procedures. In many cases, this means we may disable access to the alleged infringing material expeditiously while we notify you of the complaint. If a formal DMCA notice is received, we will forward it to you (if permissible) so that you have an opportunity to issue a counter-notice if you believe the material was wrongly targeted. Under ECTA in South Africa, there is a process for Notification and Take-Down whereby service providers, when notified of unlawful content, must act to remove or block it, or risk liability. We are a member of the Internet Service Providers’ Association (ISPA) of South Africa (if applicable), and we adhere to their take-down procedures. Any official takedown notice (e.g., via ISPA or the Film and Publication Board for prohibited content) will be acted upon. We will notify you when content is removed and provide information on who issued the complaint, if allowed by law.
Law Enforcement Requests: If law enforcement or a government agency contacts Webnic regarding your use of the Services (for example, as part of an investigation of alleged illegal activity), we will cooperate as required by law. This could include providing basic subscriber information or logs pursuant to a lawful request (such as a subpoena, court order, or warrant). We will review any such request to ensure it has proper authority. If the request is valid, we may be compelled not to inform you (gag orders are sometimes applied). If not prohibited, we may notify you of the request so you have an opportunity to respond or object (for instance, if a civil subpoena seeks your data, we might let you know so you can seek to quash it). However, our paramount interest is to comply with legally binding requests.
Transparency: We maintain a stance of transparency within the bounds of law. For example, if your content is removed due to a breach of law or policy, we will, if appropriate, inform you of the specific reason (like “Removed per SAPS instruction ref #XYZ” or “Taken down due to copyright complaint by [complainant]”). However, if legally restricted (like a sealed order or a national security request under which we cannot disclose), we might not be able to provide details.
Emergency Disclosure: In rare cases where we believe in good faith that imminent harm (such as a threat to life, child exploitation, etc.) is present, we may proactively contact authorities or otherwise act to prevent the harm. For example, if we become aware of content that indicates someone is in immediate danger or criminal activity that poses urgent threat, we might alert law enforcement on our own initiative, as permitted under privacy laws that allow disclosures to protect vital interests.
Client Data Privacy: Please refer to our Privacy Policy for detailed information on how we handle client data and what circumstances allow us to share it. In general, we do not monitor or disclose the contents of your communications or data unless required for the purposes of providing the service, for security checks, or compelled by law. We value your privacy but must balance it with legal obligations.
Content Moderation: While we do not routinely screen or monitor content, if we are alerted to content that is manifestly unlawful (such as child sexual abuse material), we will remove it and possibly report it to relevant authorities. For content that may be illegal or violate our policies but is less clear-cut, we may restrict access and consult with legal counsel or authorities on next steps. Note that under certain jurisdictions (like EU regulations), we might have a duty to act on notices from trusted flaggers or authorities regarding illegal content.
Location of Data: Your data may be hosted on servers located in South Africa or in other countries. Different countries have different laws on data disclosure. We will ensure that any disclosure abides by the law of the relevant jurisdiction and any applicable data protection regimes (for cross-border transfers, see Privacy Policy, Section on International Transfer).
Your Responsibilities (Legal): If you are subject to regulatory requirements (for example, you host a site that must comply with medical privacy laws or financial regulations), it is your responsibility to ensure compliance. We provide the hosting platform “as is” (see Section 15 on Warranties). For example, unless explicitly offered, our standard hosting is not certified for PCI-DSS or HIPAA compliance. You must not treat our environment as compliant with such regulations without obtaining such certification or service specifically. You must also not upload highly sensitive personal data to our servers unless you have assessed and accepted the risk, or arranged a suitable environment with us.
Internet Service Providers Association (ISPA) & ECTA Notice: In South Africa, Webnic may be a member of ISPA and thus recognized as an ISP for purposes of takedown under ECTA. Our designated agent for receiving take-down notices (if required) will be listed as per ECTA’s requirements (we’ll have a published email/contact for such notices, possibly [email protected]). ECTA Section 75 provides a safe harbour to ISPs who comply with take-down notices. By hosting with us, you acknowledge that we will comply with valid take-down notices and you waive any claims against us for taking down content in accordance with the law.
In conclusion, Webnic will comply with the law and cooperate with authorities when legally obligated. We strive to protect our clients’ rights and data, but we cannot and will not shield illegal behavior. We urge you to operate responsibly and legally to avoid any need for such interventions.
12. Intellectual Property Rights
Webnic Intellectual Property: The Services, our website, and any associated software, technology, or materials provided by Webnic are protected by intellectual property laws. Webnic (or its licensors) retains all right, title, and interest in and to the Webnic brand, logo, trademarks, website content (text, graphics, layout), and any software or scripts provided for use of the Services (e.g., custom control panel integrations or API tools). Nothing in these Terms transfers any ownership of such intellectual property to you. You are only granted a limited, revocable, non-exclusive license to use the Services and any provided software or material, strictly for the purpose of using the Services in accordance with these Terms. You may not copy, distribute, modify, or create derivative works of our intellectual property without our prior written consent.
Your Intellectual Property: You retain all rights to the content, materials, or data you create, submit, store, or publish using our Services (“Client Content”), subject to the rights and licenses you grant us to operate the Services. For example, if you host a blog on our servers, you own the copyright in your posts and images (assuming they were yours to begin with). Webnic does not claim ownership of your Client Content. However, by using our Services to store or publish content, you grant Webnic a worldwide, royalty-free, non-exclusive license to reproduce, adapt, modify (for technical purposes, e.g., to fit on various devices or to backup), and display your content as necessary for us to provide the Services to you. This license is solely to operate or improve the Services (for example, to back up your data, or to distribute your content to end-users when they visit your websites). We do not use your content for commercial purposes unrelated to providing the Service without your permission.
Permissions to Use Client Content: You are responsible for ensuring that you have all necessary rights and permissions to use any content on our Services. Do not upload or use any content that you do not have rights to use. This includes software (ensure you have proper licenses for any software or scripts you install on the server), music, videos, images, or text. If you use third-party content (like stock images or licensed software), it is your duty to follow the license terms of those materials. Webnic will not be responsible if you use works without permission; you will bear the consequences of any infringement.
Trademarks: You may not use Webnic’s name, logos, slogans, or trademarks in any way that confuses others as to your relationship with Webnic or as to who is providing the Services. For example, you cannot present yourself as an “official partner” or “certified by Webnic” unless we have given you explicit written authorization for a specific partnership or program. If you wish to cite that you are using Webnic’s services (e.g., to say “Site hosted by Webnic”), that’s allowed as a true statement, but you should not do so in a way that implies endorsement. Likewise, Webnic will not use your company names or logos in our marketing materials without your permission, except to the extent permissible (e.g., listing your name in a directory of our clients, if we have one, which we typically would only do with permission anyway).
Third-Party Intellectual Property: Our Services may include or be integrated with third-party software or services (for instance, the cPanel control panel, Softaculous script installer, Cloudflare integration, etc.). Those third-party components are subject to their own licenses. You agree to abide by any end-user license agreements (EULAs) or terms for such third-party software that you accept or that we make available. For example, if using cPanel, you are also agreeing to cPanel’s license terms (implicitly by use). If any third-party software requires us to incorporate additional terms into these Terms, such terms will be provided in an appendix or via link (for instance, some open-source software might have attribution and license text we need to pass on).
Feedback: If you provide Webnic with any suggestions, ideas, enhancement requests, or other feedback about the Services, you agree that we have full discretion to use and implement such feedback without any obligation to you. You grant us a royalty-free, perpetual license to incorporate and use any feedback in our products or services. This is not to steal your ideas, but simply to avoid any potential disputes if our services seem similar to something you suggested. (For example, if you suggest that we add a certain feature and we later add a similar feature, we don’t want to be sued for using an “idea” that you claim as yours.)
Copyright Infringement Policy: In accordance with our obligations and good practice, we have procedures for handling claims of copyright infringement (see above, the DMCA/takedown process). Repeated copyright infringement by a client may result in termination of their account. If you believe your copyrighted work is being infringed on a site or service hosted by Webnic, you may send us a notice following the requirements of applicable law (for DMCA, that would include your contact info, identification of the work and location of the infringing material, a statement of good faith and authority, etc.). Our designated agent for receiving such notices can be reached at [email protected] (or the contact address as per ISPA if we have it listed). We will act on valid notices by removing or disabling access to the allegedly infringing material and following up as per law.
Indemnity for IP Claims: If Webnic is sued or incurs expenses because of an intellectual property infringement claim arising from your usage of our Services (for example, you host pirated software and a software company takes action against us), you will indemnify and hold Webnic harmless from those claims and costs, as described in Section 17.
In summary, you own your content and Webnic owns its platform and branding. Each party respects the other’s intellectual property rights. We ask that you also respect the intellectual property of others when using our Services.
13. Disclaimers of Warranties
Webnic provides the Services to you on an “as is” and “as available” basis. While we strive to offer the best possible service, we make no express or implied warranties or guarantees about the Services to the fullest extent permitted by law. This section sets out the scope of our warranties (or lack thereof):
No Warranty of Perfect Service: We do not warrant that the Services will be uninterrupted, error-free, or completely secure. We cannot guarantee that our services will meet all of your expectations or that they will be suitable for your particular purpose. For example, we cannot guarantee that your website will never experience downtime (though we aim to minimize it as per Section 7), or that our security measures will prevent all unauthorized access or cyberattacks (we use industry-standard measures but no system is invulnerable).
Implied Warranties: To the maximum extent allowed by law, we disclaim all implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any arising from course of dealing or usage of trade. In plain language, merchantability means the product/service would ordinarily do what it’s supposed to do; fitness means it would meet your specific needs if we knew them. We’re saying we don’t promise the Services will meet implied standards beyond what we explicitly state. For instance, we are not warranting that our hosting is fit for ultra-high-security applications unless you have explicitly arranged that with us.
No Warranty as to Data and Content: We make no warranty that data (including content or files) you store on our servers will not be lost. We encourage you again to maintain backups (Section 8). Any backup services we provide are also provided as-is, without warranty that they will successfully capture or restore any given data. Additionally, we are not responsible for any corruption, deletion, or failure to store any content maintained or transmitted on our Services.
No Warranty of Results: We do not warrant any specific results from the use of the Services. For example, we don’t guarantee that using our hosting will increase your website traffic or search ranking, or that our email service will have your newsletters read by a certain percentage of recipients. We provide the tools, but results depend on many factors outside our control.
Third-Party Services and Software: If you obtain any third-party products or services through Webnic (for example, domain registrations through a registry, software licenses, or use third-party applications via our one-click installer), those are supplied by third parties on their own terms. We do not warrant those third-party offerings. Your relationship with the third-party provider is separate, and any warranties provided would be as per their terms. We may assist in facilitating these services, but we don’t take responsibility for them. For instance, if a domain registry fails in its obligations or a software vendor has a bug in their program, we aren’t giving a warranty on their behalf.
No Warranties in Advice: Any advice or information given by Webnic employees or agents (such as customer support guidance) does not create any warranty that isn’t expressly stated in these Terms. We try to be helpful, but you rely on advice at your own risk. For instance, if we suggest a certain security plugin and it doesn’t prevent a hack, that doesn’t constitute a breach of warranty by us.
Consumer Rights Notice: Some jurisdictions do not allow the exclusion of certain warranties. If you are dealing as a consumer (not a business) and South African consumer protection law or other applicable law provides you with certain rights that cannot be waived, then nothing in this Section is intended to override those statutory rights. For example, under the South African Consumer Protection Act (CPA), services should be performed with reasonable care and quality. Our disclaimers are intended to apply to the extent permitted by such laws. If a court or authority finds that certain implied warranties cannot be disclaimed for a consumer, then this Section will be read subject to those laws.
POPIA and ECTA: We also note that under ECTA, website owners have to give certain information and certain consumer rights exist for electronic transactions. We have endeavored to comply in these Terms (see Section 18 on cooling-off, and Section 11 on info disclosures). To the extent ECTA or CPA imply any warranties or obligations on our part that cannot be excluded, this Disclaimers section does not purport to exclude them; rather, it clarifies that aside from such minimum obligations, we offer no further warranty.
Beta Services: If at any time, you opt to use any “beta” services or features we offer (services still in testing phase), you understand that those are provided without any warranties whatsoever, and often specifically excluded from support or SLA commitments. Use beta services at your own risk; they are for evaluation and feedback and might have many issues.
In summary, Webnic cannot foresee every circumstance and does not make blanket promises that nothing will ever go wrong. We commit to do our best to provide quality service and resolve issues, but we do not accept liability under warranties beyond what is explicitly set forth here. Always understand the inherent risks in internet services and protect yourself accordingly (e.g., with backups, security measures, etc.).
14. Limitation of Liability
Use at Your Own Risk: To the maximum extent permitted by applicable law, in no event shall Webnic (including its directors, officers, employees, and agents) be liable to you or any third party for any special, indirect, incidental, consequential, or punitive damages whatsoever arising from or related to the Services or these Terms. This exclusion applies even if Webnic has been advised of the possibility of such damages. Consequential damages include things like lost profits or revenues, loss of business opportunities or goodwill, lost or corrupted data, the cost of recovering any data, or other commercial or economic loss arising out of the use or inability to use the Services.
For example, Webnic is not liable if your website being down causes you to lose customers or ad revenue; or if a security breach on our systems (though we strive to prevent such) results in some damage to your business; or if an email that wasn’t delivered on time causes a contract to fall through. You acknowledge that you assume full responsibility for your use of the Services and any content or data you place in our systems.
Liability Cap: In all cases, Webnic’s total aggregate liability for any and all claims arising out of or in connection with the Services or these Terms (whether in contract, warranty, tort (including negligence), or otherwise) is limited to the amount you paid us for the Service in question during the three (3) months immediately preceding the event giving rise to the claim. If the claim involves a specific service or incident, we would look at what you paid for that service in the 3 months prior. If you paid us nothing (for example, in a free trial or if damages occurred after service expiration), our liability would be zero.
Where we refer to 3 months, it is because many of our services are monthly. We believe limiting to fees paid in the last 3 months is a fair estimate of risk. This cap is a key element of the bargain: our prices would need to be higher if we had to insure for unlimited liability.
No Liability for Uncontrolled Events: Webnic shall not be liable for any failure or delay in performing its obligations where that failure or delay results from any cause beyond its reasonable control (force majeure). This includes events such as fires, floods, acts of God, war, terrorism, labor disputes or strikes (except those involving our own employees), electrical or utility failures, outages of third-party communications networks (e.g., major internet backbone failure), or acts of government. While we will attempt to mitigate the effects of such events (like using backups or alternative data centers if possible), we cannot be held liable for the consequences of truly uncontrollable events.
Allocation of Risk: You acknowledge that the pricing of Webnic’s services reflects the allocation of risk and limitations of liability herein. If you desire a higher degree of liability on our part, we may be willing to discuss a custom agreement with higher liability (for instance, with an enterprise customer), but that would likely involve higher fees due to the higher risk acceptance. By using these standard Terms, you are accepting the limitations and disclaimers as part of the deal.
Exceptions: Some jurisdictions do not allow the exclusion or limitation of liability for certain types of loss, so the above limitations may not apply to you fully. For example, in South Africa, liability for death or personal injury resulting from negligence cannot be limited by agreement. Also, if the CPA applies and deems any of these limitations as unreasonable or not fairly notified, they might be set aside. We do not limit liability for gross negligence or willful misconduct on our part. Additionally, if any statute imposes certain minimum liabilities (like under ECTA, certain damages might not be limitable if caused by our gross negligence), we only limit to the extent we are allowed to.
Third-Party Claims: Under no circumstances will Webnic be liable for any claims, losses, or damages of third parties against you (for example, if someone else sues you over something related to your website, that’s not our liability). Similarly, if a third party sues Webnic related to your use of the service (like an IP infringement claim as mentioned), that’s covered by your indemnity obligations (see Section 17).
Multiple Claims: Any claims arising from multiple incidents or events will not enlarge the cap set forth above. That is, if there are multiple breaches or issues, we don’t multiply the cap; the cap remains at the single aggregate amount defined.
Release: If you have a dispute with one or more other users or third parties (e.g., your customers or content providers) related to your use of the Service, you release Webnic from any claims, demands, and damages arising out of or in any way connected with such disputes.
Ultimately, this Section is saying: we do our best, but we cannot accept liability beyond a certain point due to the unpredictable nature of internet services. By agreeing to these Terms, you are agreeing to these limits on our liability.
15. Privacy and Data Protection
Your privacy is very important to us. Our Privacy Policy (available on our website and incorporated into these Terms by reference) explains in detail how we collect, use, store, and protect your personal information. By using our Services, you consent to the data practices described in that Privacy Policy. Below is a summary of key points, but if there is any conflict or ambiguity, the full Privacy Policy text governs.
Collection of Personal Information: Webnic collects personal information that you provide to us (such as your name, contact details, billing information) when you register or use our Services. We may also collect information automatically, such as IP addresses and usage statistics, through cookies or other tracking technologies on our site. Additionally, if you register a domain, we collect the registrant information required for that domain (which may be published in WHOIS records unless privacy services are used). We limit our collection to what is necessary for the purposes identified, in line with the Purpose Specification principle under POPIA.
Use of Personal Information: We use your personal information primarily to provide and improve the Services. This includes using information for account management, billing, communicating with you about support queries or service updates, and ensuring security (for example, we may send alerts to your email for suspicious login attempts). We may also use contact information to send occasional service-related announcements or marketing communications, but you will have the ability to opt out of marketing emails. All processing of personal data is done lawfully and minimally, respecting your right to privacy. For instance, we won’t sell your personal data to third parties for their own marketing purposes.
Protection of Personal Information: We implement reasonable security safeguards to protect personal data against loss, theft, and unauthorized access or disclosure. This includes technical measures (like encryption of sensitive data, SSL for our client portal, firewalls) and organizational measures (like restricting employee access to data on a need-to-know basis). However, no method of transmission over the Internet or electronic storage is completely secure, so we cannot guarantee absolute security. In the event of a data breach involving your personal information, we will notify you and the relevant authorities as required by POPIA.
Retention: We retain personal information for as long as necessary to fulfill the purposes for which it was collected, or as required by law or legitimate business purposes. For example, we may retain billing records to comply with tax regulations, or keep a record of a domain registration as required by ICANN or registry policies. When personal information is no longer needed, we will take steps to de-identify or securely destroy it.
Disclosure to Third Parties: We do not disclose your personal information to third parties except in the following circumstances:
Service Providers: We may share data with third-party vendors who help us run our business (such as payment processors, data center providers, backup storage providers like AWS, email delivery services, etc.). These parties process data on our behalf (“operators” under POPIA) and are bound by confidentiality and data protection obligations. For instance, if you register a .com domain, we must send your information to the domain registrar and registry (which might be outside South Africa). If you use our bulk email service, we might route your emails through a specialized email delivery service which will process email addresses and content purely to send your emails.
Legal Obligations: As noted in Section 11, we may disclose information if required by law, court order, or governmental request, or if necessary to exercise or defend legal claims. POPIA permits processing where it complies with an obligation imposed by law.
Protecting Rights and Safety: If necessary, we might disclose data to relevant parties (like law enforcement or security organizations) to prevent harm to our rights, your rights, the rights of other clients, or the public, consistent with lawful bases. For example, sharing attack information with a cybersecurity center, or reporting a fraudulent transaction to authorities.
Business Transfers: If Webnic is involved in a merger, acquisition, or sale of all or a portion of its assets, your personal information might be transferred as part of that deal. We would notify users (for example, via email or a notice on our site) of any such change in ownership or uses of personal information.
With Consent: If you specifically consent or direct us to share information with third parties, we will do so accordingly. For example, if you participate in a joint promotion that explicitly states we’ll share contact info with a partner, we would do so only with your consent.
Cross-Border Data Transfer: Webnic primarily operates in South Africa. However, the nature of hosting and Internet services means personal data may be transferred across borders. For instance, data stored on AWS might reside on servers in another country; domain registration info often goes to overseas entities (e.g., ICANN in the US for generic domains). When we transfer personal information outside of South Africa, we will do so only to countries that have data protection laws considered adequate under POPIA or where we have put in place appropriate safeguards (such as contracts). By using our Services, you acknowledge that your information may be transferred to and processed in other countries. We will take reasonable steps to ensure any overseas recipient will protect it at standards comparable to POPIA.
Your Rights under POPIA: As a data subject under POPIA, you have certain rights:
Access: You may request details of personal information we hold about you, and details of how we process it. (Some info is directly accessible in your account portal, like your contact and billing info.)
Correction: You can ask us to correct or update inaccurate personal information (and indeed you are obligated by our Terms to keep your info current).
Deletion: In some circumstances, you may request deletion or destruction of personal information we hold about you (the “right to be forgotten”). However, this is subject to legal retention requirements and our need to fulfill our contract with you. If you cancel services, we will delete or anonymize personal data that is no longer needed, though certain records will be kept as required.
Objection/Opt-out: You have the right to object to processing of your personal information in certain cases, such as for direct marketing. We provide opt-out mechanisms for marketing emails (unsubscribe links). For any other objections, you can contact us and we’ll review if we can accommodate the request (if processing is based on our legitimate interests, we’ll consider your objection).
Complain: If you believe we have infringed your data protection rights, you have the right to lodge a complaint with the Information Regulator (South Africa). Contact details: Website: inforegulator.org.za, Email: [email protected]. We encourage you to contact us first to attempt resolution, but it’s your right to go to the Regulator.
Confidentiality: We regard the content of your communications (e.g., emails, website files) as your confidential information, subject to the exceptions in these Terms (like if we are troubleshooting issues or scanning for malware, we might incidentally see content). We will not intentionally divulge the content of your private communications to third parties except as required to provide the service or as required by law.
Cookies and Tracking: Our website uses cookies and similar tracking technologies to provide and optimize our services (for instance, keeping you logged in, or analyzing web traffic for improving our site). Our Privacy Policy and/or a Cookie Notice on our site provides details on what cookies we use and your choices. By using our site, you consent to our use of cookies as described in those notices. You can usually control cookies via your browser settings (though disabling essential cookies might affect the functionality of our site).
Third-Party Websites: If our website or communications contain links to third-party websites, be aware we have no control over those external sites and their privacy practices. Clicking those links might allow third parties to collect or share data about you. We encourage you to read the privacy notices of every site you visit.
Information Officer: Webnic has appointed an Information Officer (as per POPIA) who is responsible for overseeing our compliance with POPIA and addressing information requests. For any privacy-related concerns, you may contact the Information Officer at [email protected] (please put “Attention: Information Officer” in the subject) or via our business address provided in Section 21. We will address your inquiries promptly and transparently.
Amendments to Privacy Policy: We may update our Privacy Policy from time to time to reflect changes in law or our practices. If we make material changes, we will notify you by email or by placing a prominent notice on our website. Your continued use of the Services after such changes will be subject to the updated policy. If you do not agree to the changes, you should discontinue use of the Services and/or exercise your rights (like deletion or migration of data).
In summary, Webnic will handle your personal data lawfully and carefully, consistent with POPIA and other applicable data protection laws. For full details or specific questions, please refer to the complete Privacy Policy or contact us. Protecting your privacy and ensuring the confidentiality of your personal information is part of our commitment to you as our client.
16. B2B vs. B2C Terms and Consumer Rights
Webnic serves both business clients (B2B) and individual consumers (B2C). This section clarifies how certain terms apply depending on your user status and outlines specific consumer rights (especially under South African law).
Business Clients (B2B): If you are using our Services for purposes related to your trade, business, craft, or profession (i.e., not as a natural person for private use), then you are a business client. Generally, business clients are presumed to be sophisticated users who do not benefit from consumer-specific legal protections.
For B2B relationships:
The cooling-off right described below does not apply to business-to-business contracts. (ECTA’s definition of “consumer” excludes a person using services for business purposes.)
The Consumer Protection Act (CPA) in South Africa might not apply if you are a juristic person (company, CC, partnership, etc.) with asset value or turnover above the CPA threshold (currently R2 million), or if the services are not of the type covered by CPA for non-individuals. B2B transactions often rely fully on these Terms for the agreement.
Our limitations of liability and indemnities fully apply to B2B clients as written, subject to ordinary commercial law.
Business clients confirm that they have obtained any necessary internal approvals to enter this contract and that the person accepting these terms has authority to bind the business.
Consumer Clients (B2C): If you are an individual who is using Webnic Services wholly or mainly for personal, family, or household purposes (i.e., not for business), then South African consumer protection laws such as ECTA (Chapter VII for electronic transactions) and potentially the CPA will apply to this contract.
We highlight the following consumer rights:
Cooling-Off Period (ECTA Section 44): Under Section 44 of ECTA, if you are a natural person (not a company) and you enter into an electronic transaction with us as a consumer (meaning you’re the end-user and not using it for business resale), you are entitled to a 7-day cooling-off period. This means you may cancel the agreement without reason and without penalty within seven (7) days after the date on which you concluded the agreement (for services, this is typically the date of sign-up). To exercise this right, you must notify us in writing (e.g., via email to [email protected]) within the 7-day window. If you validly cancel within this period, you are entitled to a full refund of any payments made (minus only direct costs of returning goods if any, but in our case it’s services, so just a full refund).
However, important exclusions apply under ECTA Section 42(2):
If the service has begun with your consent before the 7 days have elapsed. By actually using our service (for example, if you sign up and start hosting or we register a domain name for you immediately), you may be seen as consenting to start the service, thus waiving the cooling-off right for the portion of service already rendered. We require your consent to begin service immediately at sign-up (since hosting starts right away), and by using the service, you acknowledge this.
If the transaction is for accommodation, transport, or leisure services to be provided on a specific date, or for services which by their nature have begun (not typically applicable to our web services except for “begun with consent”).
Domain registrations: Once a domain is registered, it cannot be “undone” without cost. Therefore, if you invoke cooling-off after a domain registration, we may deduct the direct cost of the domain for that year (as the registry does not refund it). We will handle such cases in good faith and in compliance with the law.
CPA Rights: If the CPA applies to you (e.g., you’re an individual or a small business within threshold using our service), you have certain inalienable rights:
Quality of Service: Services must be performed with due care and skill and be of a quality that persons are generally entitled to expect. In case we fail significantly, you might have the right to require us to remedy the service or refund a portion.
Fair Terms: We cannot include unfair or overly one-sided terms that defeat the purpose of the agreement. If any clause is found unconscionable or unjust, it will be adjusted under CPA standards.
Awareness of Key Clauses: Any clause that limits our liability or your rights (like indemnities or warranty disclaimers) must be drawn to your attention in plain language and explicitly assented to. We’ve emphasized such clauses (e.g., AT YOUR OWN RISK in Section 14) in compliance with CPA Section 49. By agreeing to these Terms, you acknowledge that these important provisions have been brought to your attention.
Returns/Cancellations: The CPA often gives consumers rights to cancel advance bookings or ongoing service agreements (with notice and possibly a reasonable cancellation fee). For month-to-month services, you can generally cancel at any time without penalty beyond the current month. For fixed-term agreements (e.g., annual hosting), the CPA allows cancellation on 20 business days’ notice, potentially with a reasonable cancellation fee. We will comply with these requirements where applicable.
Changes to Terms: If we make unilateral changes (modifications) to these Terms or to the service, the CPA may require advance notice and your right to cancel if you are adversely affected. We already provide such notice (see Section 19).
Accurate Representations: We must not make false or misleading representations about our services. We state commitments (e.g., uptime) honestly and transparently.
Interpretation in Favor of Consumer: If there’s any ambiguity in these Terms, courts or authorities may interpret it in favor of the consumer under CPA. We have written these Terms in plain language to minimize ambiguity.
Business Day Definition: For any rights that refer to days, note that “business day” in South Africa excludes weekends and public holidays. The cooling-off 7 days under ECTA are calendar days.
Juristic Persons: If you signed up as a legal entity (Pty Ltd, CC, etc.), you are not a “consumer” under ECTA’s Chapter 7 for certain protections unless you use the services for non-business purposes. Under the CPA, juristic persons above the threshold are excluded. We treat all individuals as consumers by default and all entities as businesses unless informed otherwise.
Disclosure of Terms: We make these Terms, the AUP, and Privacy Policy available on our website at all times. The date of last revision is indicated at the end. You can download or print them for your records. They are provided in English. We may provide versions in other languages for convenience, but the English version is authoritative.
In summary, Webnic acknowledges the rights of consumers and aims to comply fully with ECTA, CPA, and POPIA in protecting those rights. We do not seek to deprive consumers of mandatory protections. Any provision herein that is inconsistent with a mandatory provision of law shall be interpreted to comply with the law or, if not possible, be severed (see Section 19).
We want both our individual and business clients to be treated lawfully, fairly, and transparently. If you are unsure of your rights or any provision, please contact us for clarification.
17. Indemnification
You agree to indemnify, defend, and hold harmless Webnic and its affiliates, and each of their respective directors, officers, employees, agents, and partners (collectively, the “Indemnified Parties”) from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorney’s fees) that arise out of or relate to the following:
Your Use of Services: Any third-party claim or action arising from content or data you host, store, or transmit using our Services. For example, if you host defamatory content and someone sues Webnic as the host, or if you host copyrighted material illegally and there’s a claim against us, you will cover those liabilities. Another example: if malware from your account infects others or causes damage and Webnic is pursued, you indemnify us.
Violation of Terms or Law: Your breach of any provision of these Terms or any policy incorporated (AUP, Privacy Policy, etc.), or your violation of any law or regulation in connection with your use of Services. If your misuse leads to fines or penalties on Webnic (for example, a regulatory fine due to your spam), you are responsible.
Infringement of Rights: Any allegation that information or materials provided by you (including content on your website, your domain name, your business name, etc.) infringe or misappropriate the intellectual property or other rights (privacy, publicity) of any third party. If someone claims your data or usage violated their patent, trademark, copyright, trade secret, or other right, you indemnify us for any resulting cost.
Activities of Others Using Your Account: Any usage of the Services by another person accessing through your account or with your permission (whether or not such use was authorized by you, to the extent you were in control of access). For example, if your developer engages in activities that lead to a legal claim, you assume responsibility as the account owner.
Indemnification Procedure: If an Indemnified Party receives notice of a claim for which it intends to seek indemnification from you, it will promptly notify you of the claim (though a delay in notification will not relieve you of your obligations except to the extent you are prejudiced by the delay). You may then assume the defense of the claim with counsel reasonably acceptable to the Indemnified Party. The Indemnified Party will reasonably cooperate with you (at your expense) in that defense.
You must not settle any claim without the Indemnified Party’s prior written consent if the settlement imposes any obligation on, or admission by, the Indemnified Party. The Indemnified Party has the right to participate in the defense with counsel of its own choosing at its own cost (or at your cost, if you fail to defend diligently). If you do not promptly assume the defense, the Indemnified Party may do so and recover the costs from you.
Additional Causes: This indemnity covers even those claims that are groundless or fraudulent as alleged — meaning you indemnify even if the third-party claim lacks merit, until it is dismissed. However, Webnic will not, in bad faith, pay out on meritless claims and then seek indemnity from you. We will contest frivolous claims appropriately, but the legal costs of that defense remain indemnified if they fall within your responsibility.
Exceptions: You are not required to indemnify Webnic for claims resulting solely from our gross negligence or willful misconduct. For example, if Webnic is entirely at fault for an incident and a third party sues, we will not shift that responsibility to you. However, most claims related to your content or usage will fall under your responsibility.
Continuing Obligation: This indemnity survives the termination of the agreement. Even after you stop using our Services, if a claim relating to your period of use arises later, this indemnity still applies.
Through this Section, we allocate risk and responsibility: Webnic does not monitor your content or activities, so if they cause issues with others, you agree to protect and defend Webnic. Legal claims can be costly, and our pricing does not account for covering those on your behalf. This indemnification ensures that each party bears responsibility for their own actions and content.
18. Amendments and Modifications to Terms
Webnic may from time to time update or change these Terms of Service, as well as other policies like the Acceptable Use Policy or Privacy Policy. This section explains how such changes will be communicated and take effect.
Notification of Changes: If we propose a significant change to the Terms, we will provide you with reasonable advance notice. This may be done by posting a prominent notice on our website, sending an email to the primary email address associated with your account, or displaying a notice in your client portal. The notice will include the updated terms or a summary of key changes, as well as the effective date.
Minor editorial or legal compliance updates (that do not materially affect your rights or obligations) may be made without prior notice, but they will always be published on the Webnic website with an updated “Last Revised” date.
Advance Timing: We will generally provide at least 30 days’ notice before any new or revised Terms take effect—especially where they involve pricing changes, new limitations, or expanded rights for Webnic. However, if a change is mandated by law or necessary for urgent security or compliance reasons, it may take effect sooner. In such cases, we will still notify you as promptly as possible.
Acceptance of Changes: If you continue to use the Services after the effective date of the updated Terms, this will constitute your acceptance of the revised Terms. We will clearly state this in our notice. If you do not agree to the new Terms, you have the right to terminate your Services before the new Terms take effect. For consumer clients, if a change is materially adverse to you, you may exercise your right to cancel the agreement rather than remain bound by terms you find unacceptable.
Negotiated Agreements: If you have a separate written or negotiated contract with Webnic, these updates will not override that agreement until renewal or as otherwise specified. Standard updates to these Terms primarily apply to clients using our general service agreements. We will not unilaterally modify any fixed-term or custom contract except as expressly allowed in that contract.
Policy Changes: Ancillary policies such as the Acceptable Use Policy (AUP) may be updated more frequently to address emerging security threats or new forms of misuse. Significant AUP updates will be communicated similarly to Terms updates. However, if a rule is added urgently to prevent network abuse (for example, a new spam or malware restriction), it may take immediate effect to protect the integrity of our network. The latest policies will always be available on our website.
Regulatory Changes: If any portion of these Terms needs to be amended to comply with new or amended laws (for instance, to meet consumer protection or data privacy requirements), Webnic may modify the Terms accordingly. In such cases, we will inform you as required, and the changes may apply immediately or retroactively if legally mandated.
Typographical & Clarity Edits: We reserve the right to correct typographical errors, inaccuracies, or outdated references in these Terms without prior notice. However, if a correction changes the meaning of a clause in a way that could materially affect your rights or obligations, we will treat it as a substantive amendment and issue a notice accordingly.
Archive of Terms: Webnic maintains a version history of these Terms of Service. The “Last Updated” date at the end of this document indicates when the Terms were last revised. If you require a previous version (for example, the version that applied when you first signed up), you may request it from us or access it via our website where available.
Client Feedback: We welcome feedback on proposed changes. During the notice period, you may contact us with any questions or concerns, and we will consider reasonable suggestions—especially if a proposed change has unintended consequences.
In summary, Webnic is committed to transparency and fairness when updating our Terms or policies. We provide advance notice wherever possible and give you a fair opportunity to review, question, or decline continued use if you disagree. Keeping an eye on our website announcements or official emails ensures you remain informed about any updates.
19. General Provisions
This section covers various general legal provisions that round out the agreement between you and Webnic.
Entire Agreement: These Terms of Service, together with the Privacy Policy, Acceptable Use Policy, and any other policies or documents expressly incorporated by reference, constitute the entire agreement between you and Webnic regarding the Services. They supersede all prior or contemporaneous communications, proposals, or agreements, whether electronic, oral, or written, between you and Webnic concerning the Services.
You acknowledge that you have not relied on any representation, warranty, or statement not expressly set out in these Terms.
Governing Law: This Agreement is governed by and shall be construed in accordance with the laws of the Republic of South Africa. This applies regardless of conflict-of-law principles. If you are a consumer in another country, mandatory consumer protections in your country may still apply where required by law.
Jurisdiction: You agree (where legally permissible) to submit to the jurisdiction of the courts of South Africa—specifically the courts of the Gauteng Division (Pretoria or Johannesburg)—for any disputes arising from or related to this Agreement or the Services. If you are a consumer, you may also have the right to pursue or defend claims in your home jurisdiction. Webnic retains the right to seek injunctive or equitable relief in any jurisdiction where necessary (for example, in protecting our intellectual property).
Notices: Webnic may provide official notices to you via email (to your account’s registered email address), through your client portal, or by postal mail to your provided contact address. You are responsible for keeping your contact information up to date.
Email: Notices are deemed received when sent, provided no bounce-back is received.
Postal Mail: Notices are deemed received seven (7) days after posting (domestic) or fourteen (14) days after posting (international).
For notices to Webnic (such as legal or breach notices), send via email to [email protected] and by registered mail or courier to our physical business address (see Section 21). Notice to us is effective upon receipt.
Relationship of Parties: You and Webnic are independent contractors. These Terms do not create any partnership, joint venture, employment, franchise, or agency relationship. Neither party may bind or represent the other without prior written consent, except as expressly authorized in these Terms.
Assignment: You may not assign or transfer this Agreement or your rights or obligations under it without Webnic’s prior written consent. Any attempted assignment without consent is void. Webnic may assign or transfer this Agreement, in whole or in part, to an affiliate or successor entity (e.g., through merger, acquisition, or sale of assets). If such a transfer occurs, we will notify you and ensure the successor upholds equivalent obligations.
No Waiver: Failure by either party to exercise or enforce any right under these Terms does not constitute a waiver of that right. Any waiver must be explicit, in writing, and applies only to the specific instance stated.
Severability: If any provision of these Terms is found invalid, illegal, or unenforceable, the remaining provisions remain in full effect. Both parties agree to negotiate in good faith a valid replacement clause reflecting the original intent as closely as possible. If modification is not possible, the invalid portion will be severed, and the remainder interpreted to preserve its purpose.
Precedence: If any conflict arises between these general Terms and a specific service agreement or addendum (e.g., a Data Processing Addendum or SLA), the specific agreement prevails for that topic. In the event of a conflict between these Terms and the Privacy Policy regarding personal data handling, the Privacy Policy governs.
Survival: Provisions that by nature should survive termination—including but not limited to Limitation of Liability, Indemnification, Payment obligations, Dispute resolution, Governing law, and Privacy commitments—shall remain effective after termination or expiration of this Agreement.
Export Laws: You agree to comply with all applicable export control and sanctions laws. You confirm you are not located in or associated with any country or entity under sanction that would prohibit the provision of Services. If legal restrictions prevent Webnic from providing the Services, we may terminate your account with notice and refund any unused prepaid fees, if required.
Headings: Section headings are for reference only and have no legal effect.
Language: This Agreement is written in English. Translations may be provided for convenience, but in the event of any inconsistency, the English version prevails.
Customer Reference: Unless you opt out, Webnic may list your name or business name and logo in our customer lists or marketing materials as a client reference. We will not disclose any confidential information. If you prefer not to be listed, simply email us to opt out.
Support and Contact: For support inquiries, contact [email protected] or our business phone lines. For unresolved or escalated matters, please reach management at our physical address or use the “Contact & Support” page on our website.
In summary, these general provisions define the legal framework governing your relationship with Webnic clarifying jurisdiction, responsibilities, and interpretation to ensure a fair and enforceable agreement.
20. Contact Information and ECTA Disclosures
In compliance with Section 43 of the Electronic Communications and Transactions Act (ECTA), and to facilitate transparent communication, the following information sets out Webnic’s legal and contact details, as well as key consumer disclosures:
Full Name and Legal Status
Webnic CC (hereinafter referred to as “Webnic”)
Webnic is a private company incorporated in South Africa under the Companies Act, 2008.
Physical and Postal Address
Physical Address for Service of Legal Documents:
21 Borrius Street, Potchefstroom, North West, 2531, South Africa.
(This is our principal place of business and the address for receiving legal documents and official notices.)
Contact Information
Telephone: +27 71 143 2239
Email: [email protected] (primary contact for support)
For formal or legal correspondence, you may also CC [email protected].
Website: https://www.webnic.co.za
Description of Main Services
Webnic provides the following services:
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Domain name registration and renewal
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Shared and reseller web hosting
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Business and personal email hosting
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Bulk email sending services
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Related website and digital support services
These services are designed to be reliable, secure, and scalable for both individual and business clients.
More details on each service’s features and technical specifications are available on our website and Help Centre.
Prices and Fees
All service prices are clearly displayed on our website in South African Rand (ZAR).
Prices are inclusive of VAT, unless otherwise indicated.
Any additional fees (such as domain restoration, transfer, or migration fees) will always be disclosed before you incur them.
Webnic does not charge hidden fees.
Manner of Payment
Payments may be made securely via:
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Credit or debit card
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EFT or direct bank transfer
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Other online payment gateways indicated during checkout
Recurring services are billed in advance as detailed in Section 5 of the Terms.
Invoices and payment records are issued electronically via email and are also accessible in your ClientZone (client portal).
Service Delivery Timeframes
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Domain registrations: Usually processed immediately after successful payment and submission of required information (typically within minutes to a few hours).
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Web hosting and email services: Set up automatically within minutes, or within one business day if manual review is required.
If activation cannot be completed within two (2) business days, you may cancel for a full refund. -
Ongoing services: Rendered continuously until cancellation.
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Project-based or once-off services: Timelines are agreed upon separately in writing.
Records of Transactions
For every transaction (domain registration, renewal, hosting purchase, etc.), you will receive an invoice or receipt via email.
Full records of invoices and payments are permanently available in your ClientZone.
We retain transaction records for a minimum of five (5) years, as required by law.
Cooling-Off Rights
As described in Section 16, consumers are entitled to a 7-day cooling-off period under ECTA Section 44, provided the service has not already commenced.
If exercised validly within this period, you will receive a refund (subject to reasonable deductions if the service began with your consent, such as domain registration fees).
Duration of Agreement
Our agreements are month-to-month unless otherwise specified.
Annual services renew automatically on an annual basis unless cancelled in advance, in line with Section 6 of the Terms.
Dispute Resolution
If you have a complaint or dispute, please contact us using the details above.
We aim to resolve all disputes internally first.
If unresolved, you may approach relevant external bodies such as:
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ISPA (Internet Service Providers Association) – https://ispa.org.za
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Consumer Goods & Services Ombud – for applicable consumer disputes
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ZADNA (.ZA Domain Name Authority) – for domain-related issues or Alternate Dispute Resolution (ADR)
All litigation will proceed according to the jurisdiction and governing law provisions in Section 19.
Self-Regulatory Bodies
Webnic adheres to relevant industry codes and best practices, including:
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The ISPA Code of Conduct (if a registered member)
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The ZADNA regulatory framework for .ZA domain registrars
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Compliance with the Protection of Personal Information Act (POPIA)
Code of Conduct
Webnic abides by the ISPA Code of Conduct (available on https://ispa.org.za) and follows all applicable privacy and data protection principles under POPIA.
Cooling-Off and Cancellation Process
To invoke your cooling-off right or cancel a service, contact [email protected] or submit a cancellation request via the ClientZone portal.
Refunds (if applicable) will be processed within 30 days or sooner once verified.
Security and Privacy Measures
Our website uses SSL encryption for all transactions and adheres to strict data protection standards.
Webnic maintains an internal Information Security Policy aligned with industry best practices. A summary of this policy is available upon request.
Alternative Dispute Resolution
For unresolved disputes, you may consider mediation or official dispute forums such as:
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Online Dispute Resolution (ODR) platforms (for EU customers)
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The South African Consumer Tribunal or National Consumer Commission under the CPA
This section consolidates all statutory disclosures required by ECTA Section 43 and additional information for your convenience.
You are encouraged to save or print this page for your records.
If you require any additional information or clarification, please contact us directly via [email protected]
21. By continuing to use Webnic’s Services, you acknowledge that you have read, understood, and agreed to these Terms of Service and related policies, and that you have been given all required information about the provider and the transaction as per applicable law.
We thank you for choosing Webnic and look forward to serving you.
Last Updated: 14 October 2025