Terms & Conditions

1. Definitions

In these Terms and Conditions:

• "Afrilink Telecoms," "we," "us," or "our" means Afrilink Telecoms (Pty) Ltd (Registration No. 2018/238217/07).
• "Customer," "you," or "your" means any individual or entity that uses or purchases our services.
• "Services" means all products and services provided by Afrilink Telecoms, including but not limited to web hosting, domain registration, fiber internet, email hosting, and website creation.
• "Account" means your registered account with Afrilink Telecoms for accessing and managing services.
• "Content" means any data, files, text, images, software, or other materials uploaded, stored, or transmitted through our services.
• "Agreement" means these Terms and Conditions together with all incorporated policies.

2. Acceptance of Terms

By accessing our website, creating an account, or using any of our services, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and all incorporated policies.

If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms.

If you do not agree to these Terms, you must not use our services.

3. Services Provided

Afrilink Telecoms provides the following services:

4. Account Registration & Responsibilities

4.1 Account Creation

• You must provide accurate, current, and complete information during registration
• You must be at least 18 years old or have parental/guardian consent
• You must provide valid contact information and keep it updated
• One person or entity may not maintain multiple accounts for the same service without approval

4.2 Account Security

• You are responsible for maintaining the confidentiality of your login credentials
• You must use strong, unique passwords and enable two-factor authentication where available
• You must notify us immediately of any unauthorized use or security breach
• You are responsible for all activities that occur under your account

4.3 Account Transfers

Accounts may only be transferred with our written approval. Both parties must verify identity and agree to the transfer in writing.

5. Web Hosting Terms

5.1 Resource Usage

• Hosting resources (CPU, RAM, I/O) are subject to fair usage policies
• "Unlimited" features are subject to normal operational use
• We may throttle or suspend accounts that adversely affect server performance
• Cryptocurrency mining and similar resource-intensive activities are prohibited

5.2 Storage & Bandwidth

• Storage must be used for website-related files only
• File storage/backup services, video streaming, and file sharing are not permitted
• Bandwidth limits are specified in your service plan
• Excess usage may result in additional charges or service restriction

5.3 Server Access

• SSH access is available on applicable plans as specified
• Root access is not provided on shared hosting
• cPanel access is provided for account management
• FTP/SFTP access is available for file management

5.4 Software & Scripts

• You may only install software compatible with our server environment
• Outdated or vulnerable software must be updated promptly
• We may disable scripts that pose security risks or affect server stability
• PHP, MySQL/MariaDB, and other supported technologies are available as documented

6. Domain Registration Terms

6.1 Registration

• Domain registrations are subject to registry policies (ZACR for .co.za, ICANN for gTLDs)
• Domain availability is not guaranteed until registration is complete
• You must provide accurate WHOIS information as required by registries
• We act as a reseller/registrar; ultimate registration is with the respective registry

6.2 Renewals

• Domain renewals are your responsibility
• We will send renewal reminders but are not liable for expired domains
• Expired domains enter a redemption period with additional fees
• Auto-renewal may be enabled but requires valid payment method

6.3 Transfers

• Domain transfers are subject to registry lock periods (typically 60 days after registration)
• Transfer authorization codes are provided upon request
• Transfer fees may apply as per our pricing

6.4 Disputes

Domain disputes are subject to the Uniform Domain-Name Dispute-Resolution Policy (UDRP) or applicable local dispute resolution policies. We are not responsible for domain disputes between third parties.

7. Fiber Internet Services

7.1 Coverage & Installation

• Fiber availability is subject to network coverage in your area
• Installation requires property access and may require landlord permission
• Standard installation is included; complex installations may incur additional fees
• Installation timelines are estimates and subject to third-party dependencies

7.2 Equipment

• Router/ONT equipment remains property of Afrilink Telecoms unless purchased
• Equipment must be returned in good condition upon service termination
• Damaged or lost equipment will be charged at replacement cost
• You may not modify or tamper with provided equipment

7.3 Speed & Performance

• Advertised speeds are "up to" and may vary based on network conditions
• Speed is measured to our network, not to third-party destinations
• Network management practices may be applied during congestion
• WiFi speeds depend on your router and environmental factors

7.4 Fair Usage

"Uncapped" services are subject to fair usage policies. Excessive usage that impacts network performance may result in traffic management or service review.

8. Email Hosting

• Email accounts are provided as part of hosting packages or as standalone services
• Sending limits apply to prevent abuse (typically 500 emails/hour for shared hosting)
• Bulk email and email marketing require dedicated solutions
• We implement spam filtering; legitimate emails may occasionally be filtered
• Email storage counts toward your hosting storage quota
• We are not responsible for email delivery failures due to recipient server policies

9. Website Creation Services

9.1 Scope of Work

• Website creation packages include features as specified at time of purchase
• Content (text, images, logos) must be provided by you unless otherwise agreed
• Revisions are limited as specified in your package
• Additional features or pages may incur extra charges

9.2 Delivery & Approval

• Estimated delivery times depend on content provision and revision cycles
• You must review and approve the website before final launch
• Failure to provide content may delay delivery
• Post-launch changes may be billable

9.3 Ownership

Upon full payment, you own the website content and design created specifically for you. Third-party themes, plugins, and stock images remain subject to their respective licenses.

10. Payment Terms

10.1 Pricing

• All prices are in South African Rand (ZAR)
• Prices include VAT at the applicable rate (currently 15%)
• Prices are subject to change with 30 days notice
• Promotional prices apply for the initial term only unless stated otherwise

10.2 Billing

• Services are billed in advance (monthly, annually, or as specified)
• Invoices are issued electronically to your registered email
• Payment is due within 7 days of invoice date
• Annual payments may qualify for discounts as advertised

10.3 Payment Methods

• Credit/Debit Card (Visa, Mastercard)
• EFT (Electronic Funds Transfer)
• PayFast
• Debit order (for recurring services)

10.4 Late Payment

• Overdue accounts may incur late fees
• Services may be suspended after 7 days overdue
• Accounts 30 days overdue may be terminated
• Data may be deleted 30 days after termination

10.5 Refunds

Refunds are subject to our Refund Policy. Generally, hosting services may qualify for pro-rata refunds; domain fees are non-refundable.

11. Service Level Agreement

Our full Service Level Agreement is available at /sla. Key commitments include:

11.1 Uptime Guarantee

• 99.9% network uptime guarantee for hosting services
• Excludes scheduled maintenance and circumstances beyond our control
• SLA credits available for qualifying outages

11.2 Support Response Times

12. Acceptable Use Policy

Our full Acceptable Use Policy is available at /aup. You agree not to use our services for:

• Illegal activities or content that violates South African or international law
• Distributing malware, viruses, or malicious code
• Spamming, phishing, or fraudulent activities
• Copyright infringement or intellectual property violations
• Hosting adult content, hate speech, or harmful material
• Activities that harm our infrastructure or other customers
• Unauthorized access to systems or data
• Cryptocurrency mining or similar resource-intensive operations

Violation may result in immediate suspension or termination without refund.

13. Data & Backups

13.1 Your Data

• You retain ownership of all data you upload to our services
• You are responsible for the legality and appropriateness of your content
• You grant us a limited license to store, process, and transmit your data as needed to provide services

13.2 Backups

• We provide daily automated backups for hosting services
• Backup retention varies by plan (typically 7-30 days)
• You are ultimately responsible for maintaining your own backups
• Backup restoration may incur fees for certain plans

13.3 Data Loss

While we take precautions to protect your data, we are not liable for data loss due to hardware failure, software issues, security breaches, or other circumstances. Always maintain independent backups.

14. Security Responsibilities

14.1 Our Responsibilities

• Maintain server and network security infrastructure
• Apply security patches to server software
• Monitor for security threats and respond to incidents
• Provide SSL certificates as included in plans

14.2 Your Responsibilities

• Keep CMS, plugins, and themes updated
• Use strong passwords and secure authentication
• Monitor your account for suspicious activity
• Report security issues promptly
• Implement secure coding practices for custom applications

14.3 Compromised Accounts

If your account is compromised due to vulnerabilities in your software or weak credentials, we may suspend the account to protect our network. Cleanup and restoration services may incur fees.

15. Intellectual Property

15.1 Your Content

• You retain all rights to content you create and upload
• You grant us a license to host, transmit, and display your content as needed for service provision
• You warrant that your content does not infringe third-party rights

15.2 Our Property

• Our trademarks, logos, and branding remain our property
• Our proprietary systems, tools, and software are protected by intellectual property laws
• You may not copy, modify, or reverse engineer our systems

15.3 DMCA/Copyright Claims

We respond to valid copyright infringement notices. To report infringement, contact legal@afrilinktelecon.co.za.

16. Limitation of Liability

To the maximum extent permitted by South African law:

• Direct Damages: Our total liability is limited to fees paid by you in the 12 months preceding the claim
• Indirect Damages: We are not liable for indirect, incidental, consequential, special, or punitive damages
• Lost Profits: We are not liable for loss of profits, revenue, data, or business opportunities
• Third-Party Actions: We are not liable for actions of third parties, including hackers or other users

16.1 Exclusions

We are not liable for:

• Service interruptions due to circumstances beyond our control
• Data loss despite reasonable backup measures
• Security breaches resulting from customer negligence
• Third-party service failures
• Force majeure events (natural disasters, war, government actions)

16.2 Consumer Protection

Nothing in these terms excludes or limits liability that cannot be limited under the Consumer Protection Act 68 of 2008 or other applicable consumer protection legislation.

17. Indemnification

You agree to indemnify, defend, and hold harmless Afrilink Telecoms, its directors, officers, employees, and agents from any claims, damages, losses, and expenses (including legal fees) arising from:

• Your use of our services
• Your content or data
• Your violation of these Terms
• Your violation of any third-party rights
• Your violation of applicable laws

18. Termination

18.1 Termination by You

• You may cancel services at any time through your account or by contacting support
• 30 days written notice is required for annual contracts
• Refunds are subject to our Refund Policy
• You remain responsible for charges incurred before termination

18.2 Termination by Us

• We may terminate immediately for violation of Terms or AUP
• We may terminate for non-payment after notice
• We may terminate with 30 days notice for any reason
• Pro-rata refunds may be provided for non-breach terminations

18.3 Effect of Termination

• Access to services will be revoked upon termination
• You have 14 days to download your data before deletion
• Domain transfers should be initiated before termination
• Provisions regarding liability, indemnification, and intellectual property survive termination

19. Governing Law & Disputes

19.1 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of South Africa, without regard to conflict of law principles.

19.2 Dispute Resolution

Any dispute arising from these Terms shall be resolved as follows:

1. Negotiation: The parties will attempt to resolve the dispute through good faith negotiation within 30 days
2. Mediation: If negotiation fails, the dispute shall be referred to mediation
3. Arbitration or Court: If mediation fails, either party may pursue arbitration or court proceedings

19.3 Jurisdiction

You consent to the exclusive jurisdiction of the courts of Johannesburg, Gauteng, South Africa for any legal proceedings arising from these Terms.

20. General Provisions

20.1 Modifications

We reserve the right to modify these Terms at any time. Material changes will be communicated with at least 30 days notice. Continued use after changes constitutes acceptance.

20.2 Entire Agreement

These Terms, together with incorporated policies, constitute the entire agreement between you and Afrilink Telecoms regarding the services and supersede all prior agreements.

20.3 Severability

If any provision of these Terms is found invalid or unenforceable, the remaining provisions remain in full force and effect.

20.4 Waiver

Our failure to enforce any provision of these Terms does not constitute a waiver of that provision.

20.5 Assignment

You may not assign your rights or obligations under these Terms without our written consent. We may assign our rights to any affiliate or successor.

20.6 Notices

Notices to you will be sent to your registered email address. Notices to us should be sent to legal@afrilinktelecon.co.za.