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Terms of Service - Fairhost (Pty) Ltd.
Last Updated: 30 April 2025
These Terms of Service (“Agreement”) govern your use of Fairhost (Pty) Ltd. (“Fairhost”, “we”, “our”, or “us”) services. By accessing or using our services, you agree to these terms and the policies incorporated herein. If you do not agree, please refrain from using our services.
Table of Contents
Eligibility and Account Requirements
You must be at least 18 years old to use Fairhost’s services.
If you use our services on behalf of someone else, you agree that you are authorized to bind them to this agreement.
You agree to provide accurate, complete, and up-to-date contact and billing information. Failure to do so may result in service suspension or termination.
Service Level Agreement (SLA)
You must be at least 18 years old to use Fairhost’s services.
If you use our services on behalf of someone else, you agree that you are authorized to bind them to this agreement.
You agree to provide accurate, complete, and up-to-date contact and billing information. Failure to do so may result in service suspension or termination.
Changes to Services and Pricing
Fairhost reserves the right to modify or discontinue services, or change pricing. We will provide 30 days’ notice of any significant changes.
You may choose to accept the changes, migrate to another plan, or terminate your service within the 30-day notice period.
Customer Responsibilities
Lawful Use: You agree to use Fairhost’s services only for lawful purposes and in accordance with all applicable laws in South Africa.
Accurate Information: You are responsible for providing accurate, complete, and up-to-date contact, billing, and account information. This includes providing a valid email address and ensuring that it is not linked to the domain you are registering with us. This ensures that we can reach you in case of important notifications or issues related to your account.
Maintaining Security: You are responsible for securing your account credentials, including your password. Fairhost is not responsible for any unauthorized access or loss of data due to security breaches that result from your failure to maintain the confidentiality of your account information.
Backup Responsibility: While Fairhost provides backup tools to assist you, we do not perform automatic backups. It is your responsibility to ensure that your data is regularly backed up using the available tools. We offer backup services upon request, but it is not part of the standard service and must be requested in advance. Fairhost cannot be held liable for any loss of data, including files, emails, websites, or databases, due to system failure, user error, or other causes, if proper backups have not been made by you using the available tools. To avoid data loss, we strongly recommend that you make use of our backup tools and regularly ensure that your data is up to date. Fairhost will assist in restoring data from backups upon request, but cannot guarantee data recovery in the event of loss if backups were not created in a timely manner.
Data Recovery Due to Client Error: In cases where data loss occurs due to errors or negligence on the client’s part (such as accidental deletion, misconfigurations, or failure to follow best practices), Fairhost will attempt data recovery using the available tools and methods. However, data recovery is not guaranteed and may incur additional charges based on the recovery efforts and resources required.
Acceptable Use Policy (AUP)
Fairhost has a zero-tolerance policy for illegal or abusive content. Prohibited activities include:
Illegal Content: Hosting or distributing child pornography, hate speech, defamation, or content that violates South African law.
Violence and Discrimination: Content promoting violence, terrorism, or discriminatory practices.
Harassment and Privacy Violations: Harassment, bullying, doxxing, or violations of privacy.
Fraudulent Activity: Fraud, impersonation, and fraudulent transactions.
Hacking and Malware: Hacking, virus distribution, and malware.
Email Spam: Unsolicited email or mass spam.
Network Attacks: Denial-of-service (DoS) attacks, flooding networks, or other harmful actions.
Piracy and Infringement: Distribution of pirated software, media, or content infringing intellectual property.
Suspension and Termination
Violation of Terms: Fairhost reserves the right to suspend or terminate accounts for violating these Terms or for non-payment.
Non-Payment: If an account remains unpaid for 4 months, Fairhost reserves the right to permanently delete all associated data (websites, databases, files, etc.) and terminate services.
Account Suspension: Services will remain suspended until payment is made or issues are resolved.
Account Suspension and Data Deletion for Non-Payment
Accounts overdue for 4 months will have their data permanently deleted if the balance remains unpaid.
You will be notified, but failure to pay within the 4-month period results in data deletion and service termination.
Fairhost is not liable for any loss of data or business resulting from non-payment.
Data Transfer and Migrations
Free cPanel to cPanel Migration: Fairhost provides one free cPanel migration (up to 1 GB). Additional migrations may incur fees.
No Guarantee: We cannot guarantee the success of migrations due to platform incompatibilities.
Backup Responsibility: You are solely responsible for maintaining backups of all data, including emails, websites, and databases.
No Warranties
All services are provided “AS IS”. Except for the 99.9% uptime SLA, we make no further warranties, express or implied, regarding the operation of services.
Fairhost does not guarantee that services will meet your specific requirements or be uninterrupted or error-free.
Limitation of Liability
Fairhost’s total liability is limited to the fees paid for the affected service over the previous 12 months.
Fairhost is not liable for indirect, consequential, or special damages such as lost data or business interruption.
In no event shall Fairhost’s total liability exceed the service fees you have paid.
Indemnification
You agree to indemnify and hold Fairhost harmless from any claims, damages, or liabilities arising from your violation of these Terms or unlawful use of services.
Privacy, Refund Non-Payment and Data Deletion Policies
By using Fairhost’s services, you agree to our Privacy Policy, Non-Payment and Data Deletion Policy and Refund Policy. These policies are incorporated by reference into these Terms.
Changes to Terms
Fairhost reserves the right to modify these Terms at any time. Significant changes will be communicated 30 days in advance.
Miscellaneous
Entire Agreement: These Terms constitute the complete agreement between you and Fairhost.
Severability: If any part of these Terms is found invalid, the rest will remain in effect.
Force Majeure: Fairhost is not liable for failures to perform due to circumstances beyond our control, such as natural disasters, network issues.
Late Fees
In the event that payment for any service is not received by the due date, Fairhost reserves the right to apply a 15% late fee on the overdue balance. This late fee will be charged monthly until the overdue amount is settled in full.
Payment Due Date: All invoices must be paid by the due date as indicated in the billing cycle.
Late Fee Application: If payment is not received by the due date, a 15% fee will be added to the outstanding balance. The fee will continue to accrue until the balance is paid in full.
Please note that consistent late payments or failure to pay overdue balances may result in service suspension or termination, as described in (Suspension and Termination). To avoid late fees, we encourage customers to ensure timely payments.
Domain Renewal Responsibility
It is the customer’s sole responsibility to ensure that their domain name is renewed on time. Fairhost will send reminder notifications regarding domain renewal; however, we are not liable for any loss of domain names due to the customer’s failure to renew on time.
If a domain registration expires because the customer did not renew it within the prescribed period, Fairhost will not be responsible for any associated loss of data, service interruption, or business impact.
We strongly advise customers to set up domain renewal reminders and ensure that all domains are renewed before expiration. Fairhost is not liable for any consequences resulting from missed renewals, including loss of domain ownership, data, or service disruptions.
Promotion Policy
Fairhost may, from time to time, run promotional offers, including but not limited to discounted rates, free domains, or other special benefits. These promotions are strictly for new clients and new orders only. They do not apply to existing services, or renewals of any previously purchased services.
Eligibility for Existing Clients
Existing clients may take advantage of a promotion only if they place a new order for a new service or product. Promotions cannot be applied to existing services, upgrades, or renewals of previous orders.
Prohibited Actions
Any attempt by existing clients to gain unauthorized benefits from a promotion through deceptive practices, such as:
Purchasing a new hosting package to replace an existing service (e.g., moving from one server to another with the intent to apply a promotion to an existing service),
Or any other attempt to exploit the promotion in violation of its intended use,
will result in immediate suspension or termination of services. No refunds will be issued for any payments made, and the customer may be permanently banned from accessing or using Fairhost’s services.
Intent of the Policy
The intention of these promotions is to offer discounts and benefits to new clients or new orders only. Existing clients are welcome to take advantage of promotions, but only through placing a legitimate new order and not by attempting to circumvent the system. Any violations of this policy will be met with strict enforcement.
Third-Party Tools and Services
Fairhost is not responsible for any third-party tools, services, or software that the customer may choose to use in conjunction with our hosting services. This includes, but is not limited to, third-party email services, CDNs, SSL certificates, or any other third-party applications or integrations.
While we provide support for issues directly related to Fairhost’s hosting services and server infrastructure, we do not provide support for or assume responsibility for any issues, errors, or conflicts arising from the use of third-party tools or services. Should you choose to integrate third-party tools into your hosting environment, you acknowledge that any issues that arise from those tools are outside of Fairhost’s scope of responsibility.
Fairhost’s support will only extend to matters related to our hosting infrastructure, and issues related to third-party tools or services must be addressed with the respective third-party provider.
Contact Us
If you have any questions about our Terms of Service or need to contact us for any reason, please reach out to:
Fairhost (Pty) Ltd.
Email: info@fairhost.co.za
Website: https://fairhost.co.za