TERMS OF SERVICE

You are here: Legal Notices > Terms of Service


		 
INTRODUCTION

Plutus™ Internet Services Pty (Ltd.) strives to offer all its customers a reliable and excellent level of service. If you have any queries we would like to hear from you. Please e-mail us at support@plutushosting.com or see the "Contact Us" section on our web site for other contact details.

This Legal Terms of Agreement (this “Agreement”) is between Plutus™ Internet Services Pty (Ltd.), a South African Web Hosting Corporation, and the person (individual or legal person) who signs (electronically) Plutus™ Internet Services Pty (Ltd.) service order and set up form (the “Order”) incorporating this Agreement by reference (“Customer”).  This Agreement governs Customer’s use of Plutus™ Internet Services Pty (Ltd.) services.

This Terms of Service, together with our APty (Ltd.)eptable Use Policy and Legal Policies, constitute the whole act of convention between You - the Customer, and Plutus™ Internet Services Pty (Ltd.). Plutus™ Internet Services Pty (Ltd.) shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You - the Customer, and Plutus™ Internet Services Pty (Ltd.). It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services.

DEFINITIONS
In these conditions, unless the context requires otherwise, the following words shall have the following meanings:
"CIS" means the customer information sheet issued to you by Plutus™ Internet Services Pty (Ltd.) from time to time and which includes information on the Services including without limit Keywords, bandwidth and scope of services
"Customer" or "you" means the person (individual or legal person) who signs (electronically) Plutus™ Internet Services Pty (Ltd.)’s service order and set up form (the “Order”)
"Conditions" means the standard terms and conditions of sale set out herein;
"Contract" means any contract for the provision of the Services;
"IPRs" means any and all intellectual property rights including without limit any and all patents, design rights, database rights, copyright, know-how, moral rights, trade secrets, confidential information, trade marks, service marks, trade names and goodwill;
"Keywords" means those words notified to you by Plutus™ Internet Services Pty (Ltd.) which control your access to some of the Services including without limit your password and username;
"Netiquette" means generally accepted standards for use of the Internet such as but not limited to sending bulk unsolicited e-mail, mail bombing, misrepresenting that you have third party authorisation and impersonating another person;
"Server" means the computer servers used to provide the Service;
"Services" means any services supplied or to be supplied by Plutus™ Internet Services Pty (Ltd.) (which may include without limit E-mail Forwarding, E-mail, POP accounts, e-commerce, Web Site Hosting, FTP access, Domain Name Registration) as described in the quote or acknowledgement of order issued by Plutus™ Internet Services Pty (Ltd.) or as may be agreed from time to time; and
"Site" means the Internet web site at www.plutushosting.com and/or www.plutushosting.co.za.
"Plutus™" or "we" means Plutus™ Internet Services Pty (Ltd.);
1. SERVICES

Subject to the terms of this Agreement, and contingent on Customer’s satisfaction of Plutus™ Internet Services Pty (Ltd.) credit approval requirements, Plutus™ Internet Services Pty (Ltd.) agrees to provide the services described in the Order for the fees applicable to the service.

The Services shall be as described in the Site and such other material as Plutus™ Internet Services Pty (Ltd.) provides to you from time to time such as without limit the CIS. We reserve the right at any time and from time to time to amend, improve, correct, discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice and you agree that Plutus™ Internet Services Pty (Ltd.) shall not be liable to you or to any third party for any such modification, suspension or discontinuance. We will restore the Service as soon as reasonably practicable after temporary suspension.

When you apply for a service or product with Plutus™ Internet Services Pty (Ltd.), we may require you to provide us with a certified copy of your identity document, proof of residential and/or business address and proof of income (a copy of your payslip or bank statements) in order to activate your services. In the event of a juristic person, you will provide us with the same information as above for your authorised representative, together with proof of address for the juristic person, registration documents and a company resolution authorising the application and the company’s representative’s capacity to enter into the Agreement.

You have read and agreed to the policies outlined in the Legal Notices and Policies Section, which is incorporated into this Agreement by reference.

2. SERVICE ACTIVATION

For newly signed up clients - the services are activated immediately after our Sales Department have completed the order verification and once payment has been received. Our company's policy is to strictly scrutinize each new order and verify the payment details of each new customer in an effort to combat internet fraud.

During the order verification process our Sales Department may require you to provide them with a certified copy of your identity document, proof of residential and/or business address and proof of income. Your order may also be subject to a credit referencing or risk assessment process (See below section 4. National Credit Advisor).

For existing customers - the services for existing customers, including upgrade services and renewals, are activated immediately after our Billing Department receives the according service payment.

3. TERM
The initial service term of the Agreement shall begin on the date that Plutus™ Internet Services Pty (Ltd.) generates an e-mail message to the Customer announcing the activation of the Customer’s account (the “Service Commencement Date”) and shall continue for the number of months stated in the Order (the “Initial Term”). Upon expiration of the Initial Term, this Agreement shall automatically renew for the same length as the Initial Term (each a “Renewal Term”) unless Plutus™ Internet Services Pty (Ltd.) or the Customer provides the other party with written notice of non-renewal at least thirty (30) days prior to the expiration of the Initial Term or then-current Renewal Term, as applicable. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the “Term”.
4. NATIONAL CREDIT ADVISOR

Your application for a service or product may be subject to a credit referencing or risk assessment process. This means that Plutus™ Internet Services Pty (Ltd.) may request and receive your Confidential Information, Consumer Credit Information and Prescribed Information (as defined in the NCA) (“Assessment Information”) from registered credit bureaus in order to perform a financial means test to determine whether you will be in a position to meet your obligations under the intended agreement.

Plutus™ Internet Services Pty (Ltd.) is entitled to perform this financial means test each time you apply for a service or product. In this regard you consent to Plutus™ Internet Services Pty (Ltd.) requesting, receiving and reporting your Assessment Information from and to registered credit bureaus in accordance with the provisions and for the purposes of the NCA; and the sharing of such Information by registered credit bureaus and such other persons as contemplated in the NCA, for the prescribed purposes of the NCA.

5. FRAUD PROTECTION
Plutus™ Internet Services Pty (Ltd.) reserve the right to use fraud protection measures for the activation of your services. The customer must pass the fraud protection screening to register for any service with us.

The fraud screening is NOT an automated process, it could therefore take approximately 15 minutes to 4 hours to complete this process and before your services are activated with us.

If you the customer fail the fraud screening process, DO NOT submit your request again as this bans your IP address from our servers.

If it is found that you are fraudulent in registering for services and/or domain names, we will inform and proceed with prosecution with law enforcement agencies. We will also provide the information you submitted to us to the fraud databases used by web hosting and domain registration companies, including the IP address that you used to submit such request and notify your ISP of such actions.
6. PAYMENTS
  • 1. Fees.
    Fees are payable in advance on the first day of each billing cycle. Customer’s billing cycle shall be monthly, quarterly, semi-annual, annually or biennial as indicated on the Order, beginning on the Service Commencement Date. Plutus™ Internet Services Pty (Ltd.) may require payment for the first billing cycle + pro-rata before beginning service. If the Order provides for credit/debit card billing, the Customer authorizes Plutus™ Internet Services Pty (Ltd.) to bill subsequent fees to the credit/debit card on or after the first day of each successive billing cycle during the Term of this Agreement; otherwise Plutus™ Internet Services Pty (Ltd.) will invoice Customer via electronic mail to the Primary Customer Contact listed on the Order. Invoiced fees may be issued on or 30 days prior to the due date of each billing cycle, and the fees shall be due on the due date.

    Payments must be made in South African Rands. The Customer is responsible for providing Plutus™ Internet Services Pty (Ltd.) with changes to billing information (change in billing address). It is of the essence of the Contract that all amounts due by the Customer under the Contract are paid on time. You shall be responsible for any and all expenses incurred by Plutus™ Internet Services Pty (Ltd.) in recovering overdue amounts. Plutus™ Internet Services Pty (Ltd.) may charge interest on overdue amounts at a rate of 5% per month until the outstanding balance is paid in full. Plutus™ Internet Services Pty (Ltd.) may suspend the service without notice if payment for the service is overdue. Fees not disputed within thirty (30) days of due date are conclusively deemed accurate. The Customer agrees to pay Plutus™ Internet Services Pty (Ltd.) reasonable reinstatement fee following a suspension of service for non-payment, and to pay Plutus™ Internet Services Pty (Ltd.)’s reasonable costs of collection of overdue amounts, including collection agency fees, attorney fees and court costs.

    Payment shall only be deemed received by Plutus™ Internet Services Pty (Ltd.) upon receipt of cleared funds. Payment shall be made in full without any abatement, set off or deduction on any services.

    Where the Services include or consist of registration of domain name services, Plutus™ Internet Services Pty (Ltd.) shall be entitled to raise an invoice for payment by the Customer and for the hosting of that domain name specifying the date by which payment by the Customer must be made. Failure for any reason by the Customer to make payment before the specified date will entitle Plutus™ Internet Services Pty (Ltd.) to release the Customer's domain name without any liability or loss suffered by the Customer howsoever arising.

    ADSL accounts are not billed pro-rated, any ADSL account purchased and activated on any day of a month will be subject to the full purchase amount, data will be reset from the 1st of each month and billing for service is in advance (Excludes ADSL Top Up).

    All account enquiries must be done via email or alternatively via Fax or registered post. Enquires via Telephone will not be accepted. No account queries will be entertained once the service has been cancelled.

  • 2. Payment via Debit Order and Credit Card
    The Customer agrees that submission of bank account information to Plutus™ Internet Services Pty (Ltd.) constitutes authorisation by the Customer for Plutus™ Internet Services Pty (Ltd.) to debit the specified bank account for all fees owed by the Customer to Plutus™ Internet Services Pty (Ltd.).

    The debit orders normally run on the 1st working day of each month. The debit order system closes on the 25th of each month. All account changes should reach us before the 23rd of each month. Any changes received after this will only be applied the following month.

    The Customer is responsible for all bank fees, penalties or levies that are as a result of the use of a debit order. This includes any fees the bank may charge the Customer as a result of the Customer having insufficient funds at the time the debit order is presented.

    Plutus™ Internet Services Pty (Ltd.) normally runs one monthly debit order per domain name. Debit orders that were combined into a single debit upon The Customer's request will be "un-combined" upon the combined debit being returned.

    Plutus™ Internet Services Pty (Ltd.) will charge an administration fee for all declined credit card transactions, all returned debit orders and all returned cheques irrelevant of the reason for the debit order or cheque being returned or the credit card being declined. The administration fee is currently R75, and is subject to change without notice. Customers' with a combined debit order will incur an administration fee for each domain included in the combined debit. If an account holder charges back for services rendered, a R200 charge back fee will be added to the amount charged back by the customer.

  • 3. Online Credit Card Gateway
    At the time of placing the order and payment, the transaction details are presented to the bank and an authorization is obtained for the amount of the order. Payment is only collected when the order is completed. Netcash establishes an SSL3 secure link with the browser and presents the next page which contains the Plutus™ Internet Services Pty (Ltd.) logo and displays the reference number, description of the goods and the amount provided by Plutus™ Internet Services Pty (Ltd.). It also contains fields for the cardholder to enter the necessary card details.

    No credit card details are stored on the website or in any database.

    Credit card transactions will be processed through Netcash ’s secure payment gateway. For more information on Netcash please click on the logo below:

  • 4. Fee Increases.
    Plutus™ Internet Services Pty (Ltd.) may increase its fees for services from time to time with or without prior notice, should market trends or the exchange rate change. This price increase will be effective on the first day of a Renewal Term and if the Customer does not give a notice of non-renewal as provided in Section 2 above, the Customer shall be deemed to have accepted the new fee for that Renewal Term and any subsequent Renewal Terms (unless the fees are increased in the same manner for a subsequent Renewal Term).

  • 5. VAT.
    All prices advertised on the Site includes VAT of 14%. Where the Customer resides outside of the Republic of South Africa the VAT on all sales will be charged at 0%.

  • 6. Early Termination.
    The Customer acknowledges that the amount of the fee for the service is based on the Customer’s agreement to pay the fee for the entire Initial Term, or Renewal Term, as applicable. In the event Plutus™ Internet Services Pty (Ltd.) terminates the Agreement due to the Customer’s breach of the Agreement in accordance with Section 9 (Termination), or the Customer terminates the service other than in accordance with Section 9 (Termination), the unpaid fees for each billing cycle remaining in the Initial Term or then-current Renewal Term, as applicable, are due on the business day of termination of the Agreement.
7. LAW/AUP
The Customer agrees to use the service in compliance with applicable law and Plutus™ Internet Services Pty (Ltd.) Acceptable Use Policy posted at http://www.plutushosting.com/legal/aup.php (the “AUP”), which is hereby incorporated by reference in this Agreement. The Customer agrees that Plutus™ Internet Services Pty (Ltd.) may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on the Customer’s use of the Services. Amendments to the AUP are effective on the earlier of Plutus™ Internet Services Pty (Ltd.) notice to the Customer that an amendment has been made, or the first day of any Renewal Term that begins subsequent to the amendment. The Customer agrees to cooperate with Plutus™ Internet Services Pty (Ltd.) reasonable investigation of any suspected violation of the AUP. In the event of a dispute between Plutus™ Internet Services Pty (Ltd.) and the Customer regarding the interpretation of the AUP, Plutus™ Internet Services Pty (Ltd.) commercially reasonable interpretation of the AUP shall govern.
8. CUSTOMER INFORMATION

The Customer represents and warrants to Plutus™ Internet Services Pty (Ltd.) that the information he or she has provided and will provide to Plutus™ Internet Services Pty (Ltd.) for purposes of establishing and maintaining the service is accurate. If the Customer is an individual, the Customer represents and warrants to Plutus™ Internet Services Pty (Ltd.) that he or she is at least 18 years of age. If the Customer is not at least 18 years of age, a parent or guardian's name must be put on the account and will be responsible for payment and Web Site content. If a minor (a person under the age of 18) obtains an account through Plutus™ Internet Services Pty (Ltd.) without parental approval, this agreement becomes void. Plutus™ Internet Services Pty (Ltd.) may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to the Customer’s account until the Customer has provided a written notice changing the Primary Customer Contract.

Where appropriate, you the customer agree to provide such information about yourself as prompted by the Service's registration form and ensure that it is at all times true, current, accurate and complete. If it is not or we reasonably suspect it is not true, current, accurate and complete, we shall be entitled to terminate the Contract or suspend the Services until such time as we determine.

The Customer is responsible for insuring that his or her contact information always remains up-to-date with us. This information, especially the e-mail address, is used to inform you of issues, abuse claims, and other services regarding your account. Failure to keep this information up-to-date can result in your account being suspended or deleted.

We cannot be held responsible for loss of service due to lack of communication involving outdated or invalid contact information. It is your responsibility to insure that the information we have on file for your account is current.

You can always update your contact information in your Client Area .

You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Privacy Policy, which is incorporated into this Agreement by reference.

9. INDEMNIFICATION
The Customer agrees to indemnify and hold harmless Plutus™ Internet Services Pty (Ltd.), Plutus™ Internet Services Pty (Ltd.)’s affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of the Customer’s services in violation of applicable law or the AUP by the Customer or any person using the Customer’s log on information, regardless of whether such person has been authorized to use the services by the Customer.
10. DISCLAIMER OF WARRANTIES
PLUTUS INTERNET SERVICES PTY (LTD) DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW PLUTUS INTERNET SERVICES PTY (LTD) DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.
11. LIMITATION OF DAMAGES
NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILIY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF PLUTUS INTERNET SERVICES PTY (LTD) AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR THREE MONTHS OF SERVICE.
12. SUSPENSION/TERMINATION
  1. 1. Suspension of Service.
    The Customer agrees that Plutus™ Internet Services Pty (Ltd.) may suspend services to the Customer without notice and without liability if: (i) Plutus™ Internet Services Pty (Ltd.) reasonably believes that the services are being used in violation of the AUP; (ii) the Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Plutus™ Internet Services Pty (Ltd.) reasonably believes that the suspension of service is necessary to protect its network or its other customers, or (iv) as requested by a law enforcement or regulatory agency. The Customer shall pay Plutus™ Internet Services Pty (Ltd.) reasonable reinstatement fee if service is re-instituted following a suspension of service under this subsection.

  2. 2. Suspension of Service Due To Non Or Late Payment
    Failure to settle all amounts within 2 days of the due date may result in withholding of further Services and/or suspension of existing Services. Accounts which are delinquent will be placed on "administrative hold" or suspension and may not be used or accessed. Any account that is delinquent for fourteen (14) days will have all files purged from all Plutus™ Internet Services Pty (Ltd.) servers. The Customer's account will then be terminated and all information (such as but not limited to all web site files, all email accounts and emails) will be removed from Plutus™ Internet Services Pty (Ltd.) servers and backups.

    The Customer is still responsible for the monthly hosting fee while the site is suspended. Furthermore if the account has been terminated due to non-payment and the Customer wishes to reinstate this account the Customer is subject to a minimum of a six (6) months subscription and a reactivation fee of R55.

    Plutus™ Internet Services Pty (Ltd.) may temporarily deny service or terminate this Agreement upon the failure of the Customer to pay charges when they become due. Such termination or denial will not relieve the Customer of responsibility for the payment of all accrued charges, plus reasonable interest and any collection fees.

    Accounts which are overdue for 90 days will incur a R200 penalty fee added to the balance previously due.

    In the event of non-payment, you agree to Plutus™ Internet Services Pty (Ltd.)'s right to place a "non-payment" page on your domain. Furthermore you agree that DNS of your domain will remain unchanged until full payment for the outstanding balance on your account has been received by Plutus™ Internet Services Pty (Ltd.).

    Plutus™ Internet Services Pty (Ltd.) may record and transmit details of how the Customer has performed to a Credit Bureau, and how the account is conducted by the Customer in meeting their obligations on the account.

    Plutus™ Internet Services Pty (Ltd.) will not be held responsible for any damages, losses or claims as a result of a site being suspended.

    Un-suspensions may take one or more working days.

  3. 3. Termination.
    The Agreement may be terminated by the Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Plutus™ Internet Services Pty (Ltd.) fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of the Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Plutus™ Internet Services Pty (Ltd.) prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon fourteen (14) days from due date if the Customer is overdue on the payment of any amount due under the Agreement; (ii) the Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within twenty four (24) hours of a written notice from Plutus™ Internet Services Pty (Ltd.) describing the violation in reasonable detail; (iii) upon one (1) days notice if the Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days notice if the Customer violates Section 5 (Customer Information) of this Agreement.

    Immediately by either party if the other shall convene a meeting with its creditors or if a proposal shall be made for a voluntary arrangement within part 1 of the Insolvency Act 1986 or a proposal for any other composition scheme of arrangement with (or the assignment for the benefit of) its creditors or if the other shall be unable to pay its debts within the meaning of Section 123 of the Insolvency Act 1986 or if a trustee receiver or administrative receiver or similar officer is appointed in respect of all or any of the business or assets of the other party or if a petition is presented or a meeting is convened for the purpose of considering a resolution or any other steps are taken for the winding up or the making of an administrative order (otherwise than for the purposes of a solvent amalgamation or reconstruction).

    Upon termination or expiry of the Contract all amounts payable by the Customer to Plutus™ Internet Services Pty (Ltd.) shall become immediately due and Plutus™ Internet Services Pty (Ltd.) shall be entitled to immediately cease the provision of the Services.
13. CANCELLATIONS, REFUNDS & MONEY BACK GAURANTEE
  1. Cancellations.
    Customers may cancel their services at any time by logging into our Client Area and visiting "Cancel Plan" . We, Plutus™ Internet Services Pty (Ltd.), reserve the right to cancel your hosting account for any reason we deem as just in accordance with, but not limited to, this Terms of Service Agreement and Acceptable Use Policy.

    A cancellation will only be effected upon the Customer settling the outstanding account via debit order, cash deposit or bank transfer. A cancellation request must include the reason for cancellation, instructions as to the disposal of the domain name and must indicate the date until which service is required. A cancellation will not be accepted from any third party. The cancellation must be from the person (individual or legal person) who signs (electronically) Plutus™ Internet Services Pty (Ltd.) service order and set up form (the “Order”).

    Any cancellation request that does not fulfil these criteria shall not be deemed valid.

    ADSL account cancellations must reach us before the 25th of each month (see above for debit orders). Any cancellation received after this date will not be processed until the next month. You will still be responsible for the billing of the service until your cancellation has been processed.

    You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Payment and Cancellation Policy, which is incorporated into this Agreement by reference.

  2. Refunds.
    No credit or refund will be passed in any form except as stated in the "99.9% Uptime" or "30 Day Money Back Guarantee" documents.

    All deposits, set-up fees (if any) and domain name registrations paid to Plutus™ Internet Services Pty (Ltd.) are non-refundable.

    No credit or refund will be passed for inactive or unused accounts. No credit or refund will be passed should the Customer transfer their domain away from Plutus™ Internet Services Pty (Ltd.) during the cancellation notice period. No credit or refund will be passed for domain names where the Customer has requested the incorrect domain name to be registered.

    Refund administration fee of R100 will be charged to an account.

    You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Refund Policy, which is incorporated into this Agreement by reference.

  3. Money Back Guarantee
    Plutus™ Internet Services Pty (Ltd.) offers a risk free, 30 day money back guarantee on all shared and reseller hosting plans. Under no circumstances are there to be refunds for any setup fees, administrative fees, or domain registration fees.

    All refund requests after the initial 30 days of service will not be refunded. Plutus™ Internet Services Pty (Ltd.) reserves the right to null and void the money back guarantee for any violation of this Terms of Service Agreement, Acceptable Use Policy, or any reason deemed as just by Plutus™ Internet Services Pty (Ltd.).

    Only first-time signup's will be allowed to utilize our 30 day money back guarantee. For example, if you have had an account with Plutus™ Internet Services Pty (Ltd.), cancelled and signed up again, you will not be allowed to utilize our money back guarantee. This also applies for current customers who sign up for a second account.

    You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Money Back Guarantee Policy, which is incorporated into this Agreement by reference.

14. REQUEST FOR CUSTOMER INFORMATION
The Customer agrees that Plutus™ Internet Services Pty (Ltd.) may, without notice to the Customer, (i) report to the appropriate authorities any conduct by the Customer or any of the Customer’s customers or end users that Plutus™ Internet Services Pty (Ltd.) believes violates applicable law, and (ii) provide any information that it has about the Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.
15. REGISTRATION OF DOMAIN NAMES (PAID AND FREE)
You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Domain Registration - Terms and Agreement and Registration Policy, which is incorporated into this Agreement by reference.
16. TRANSFER OF DOMAIN NAMES
You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Domain Transfer Policy , which is incorporated into this Agreement by reference.
17. OBLIGATIONS OF THE CUSTOMER

The Customer agrees that they shall:

  1. immediately notify Plutus™ Internet Services Pty (Ltd.) if they become aware of any unauthorised use of all or any of the Services and/or Servers;

  2. Not use the Services and/or Servers for any unlawful purpose or for the publication, linking to, issue or display of any unlawful material (which shall include without limit any pirated software or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights (including without limit IPRs) of any third party or which is or encourages criminal acts or contains any virus, worm, trojan horse or other harmful code) whether under RSA law or regulation, the laws or regulations of the Customers country or any other place where the results of such purpose or such material can be accessed;

  3. not use the Services and/or Servers for the publication, linking to, issue or display of any material which in the absolute discretion of Plutus™ Internet Services Pty (Ltd.) may harm Plutus™ Internet Services Pty (Ltd.) or any of its clients or bring Plutus™ Internet Services Pty (Ltd.) into disrepute or may call into question any action taken by Plutus™ Internet Services Pty (Ltd.) on the Customer's behalf;

  4. not use the Services and/or Servers in breach of good Netiquette practices;

  5. ensure that it has all necessary consents, permissions and licences to make use of the Services including without limit registration under the Data Protection Act 1984 and 1998;

  6. not provide any technical or other information obtained from Plutus™ Internet Services Pty (Ltd.) and/or relating to the Services or the Contract to any person, company, firm or government which the Customer knows or ought reasonably be aware may directly or indirectly lead to a breach of any South African law or regulation;

  7. not, in breach of good Netiquette practices, use any service provided by any third party (including without limit an Internet web site and/or e-mail) for the publication, linking to, issue or display of any material which refers to an Internet web site hosted by Plutus™ Internet Services Pty (Ltd.) or any other services offered by Plutus™ Internet Services Pty (Ltd.) from time to time;

  8. ensure that all material or data hosted by Plutus™ Internet Services Pty (Ltd.) on any web site operated by the Customer from time to time or communicated through such site or using the Servers is checked for viruses and other harmful code;

  9. keep back ups of all data hosted by Plutus™ Internet Services Pty (Ltd.) on any web site operated by the Customer from time to time; and

  10. promptly notify Plutus™ Internet Services Pty (Ltd.) of any change to its communication address and the Customer acknowledges that Plutus™ Hosting Pty (Ltd.) shall not be liable for any costs, damages or loss which the Customer may suffer or incur as a result of failure to notify such changes to Plutus™ Internet Services Pty (Ltd.).

The Customer acknowledges that in order to make proper use of the Services they should have a basic knowledge of how the Internet functions and what types of use are and are not acceptable. The Customer acknowledges that Plutus™ Internet Services Pty (Ltd.) shall have no obligation to:

  1. manipulate any material which the Customer wishes and/or does post on any web site it operates or any communication which it issues or sends in connection with any of the Services; or
  2. validate or vet such material for usability, legality, content or correctness.

The Customer is responsible for and must provide all telephone and other equipment and services necessary to maintain the customer's account remotely through FTP accounts.

Any Customer in violation of system or network security is subject to criminal and civil liability, as well as immediate account termination. Examples include, but are not limited to the following: Unauthorized access, use, probe, or scan of a systems security or authentication measures, data or traffic. Interference with service to any user, host or network including, without limitation, e-mail bombing, flooding deliberate attempts to overload a system and broadcast attacks. Forging of any TCP/IP packet header or any part of the header information in an e-mail or newsgroup posting.

18. HOSTING ACCOUNT RESPONSIBILITIES
You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Hosting Account Security Policy , which is incorporated into this Agreement by reference.
19. BACKUPS
You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Backups Agreement , which is incorporated into this Agreement by reference.
20. CHANGES TO PLUTUS™ HOSTING PTY LTD NETWORK
Upgrades and other changes in Plutus™ Internet Services Pty (Ltd.) network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of the Customer’s hosted content and/or applications. Plutus™ Internet Services Pty (Ltd.) reserves the right to change its network in its commercially reasonable discretion, and Plutus™ Internet Services Pty (Ltd.) shall not be liable for any resulting harm to the Customer.
21. ACCOUNT MIGRATIONS / NAMESERVERS

Plutus™ Internet Services Pty (Ltd.) reserve the right to migrate your account to another server, should resource or performance become an issue on the current server. This migration may be done with or without notice. Accounts are expected to use the nameservers that are assigned to them upon initial account set up. If this is followed, then the migration should be seamless.

However, if you choose not to follow the recommended nameservers setting and instead use a 3rdparty DNS service, point your domain name directly to the server's IP address, access your account by IP address only, or any other method of account access, then you may experience problems accessing your account after the migration. Plutus™ Internet Services Pty (Ltd.) cannot be held responsible for any loss or damage that results in this practice.

22. ACCOUNT USAGE

You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Legal Notices Section , which is incorporated into this Agreement by reference.

1. IP Address Policy
2. Bandwidth Usage Policy
3. Disk Usage Policy
4. Resource Usage Policy
5. Database Resource Usage Policy
6. Cron Usage Policy
7. Misuse of Account Features
8. Adult Content

23. NOTICES
Notices to Plutus™ Internet Services Pty (Ltd.) under the Agreement shall be given via electronic mail to the e-mail address posted for customer support on our Contact Us page. Notices to the Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. The Customer may change his or her notice address by a notice given in accordance with this Section.
24. FORCE MAJEURE
Plutus™ Internet Services Pty (Ltd.) shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond Plutus™ Internet Services Pty (Ltd.)’s control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labour action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.
25. INTELLECTUAL PROPERTY

All IPRs relating to the Services provided by Plutus™ Internet Services Pty (Ltd.) are and shall remain the property of Plutus™ Internet Services Pty (Ltd.). All rights in the design and arrangement of the Site, text and graphics and all software compilations, underlying source code, and all other material on the Site are reserved to Plutus™ Internet Services Pty (Ltd.) or its licensors. Except as expressly provided below, nothing contained in these term of use or on the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other IPRs.

Shadow Web Designs, Plutus™ Internet Services Pty (Ltd.), Plutus™ DomainZ, and all other names, images, pictures, logos and icons identifying Plutus™ Internet Services Pty (Ltd.) or its services are trademarks of Plutus™ Internet Services Pty (Ltd.) in South Africa and other countries. Other product and company names mentioned on this Site may be trademarks of their respective owners.

26. PRIVACY

The information you provide to us will be stored on computer. We are committed to protecting your privacy. We and any of our associated companies may use the information you provide us to provide a more personalised service and to tell you about changes in our and their service or any new services which we think you will find valuable. If you object to any of these uses at any time, then please inform us by writing to Plutus™ Internet Services Pty (Ltd.) at the address set out in the "contact us" section at the Site. We may also use such information where and to the extent of any requirement to comply with any applicable law, legal process or to enforce any of these Conditions.

We will not monitor, edit or disclose the contents of any private communications transmitted via the Servers unless required to do so by law or in the good faith belief that such action is necessary to conform or comply with applicable law, to protect and defend the rights and/or property of Plutus™ Internet Services Pty (Ltd.) or to protect the personal safety of any of our clients or the public.

27. COOKIES
Cookies are bits of electronic information that a web site can transfer to your hard drive to help tailor and keep records of your visit to the Site. Cookies allow us to better customise visits to the Site to your individual preferences, helping us provide you with the best possible service on our Site. Most major web sites use cookies and their use is standard on the Internet. Most Internet browsers automatically accept cookies but you can change your settings so that you are notified whenever you are sent a cookie.
28. FOREIGN JURISDICTIONS

The Site may contain references or cross references to services that are not available in every country. We do not represent that all Services and content, materials and services on the Site are appropriate or available for use in all geographic locations, and accessing such from certain locations may be illegal and prohibited. Your access to the content, materials and services on the Site from such locations is at your own initiative and we are not responsible for your compliance with local laws or other applicable laws. You will not access the foregoing if prohibited by law.

Any translation of these Conditions into a language other than English is for the convenience of the Customer only and it is agreed that the English language version of these Conditions at http://www.plutushosting.com/legal/terms.php shall be relied on by the parties and shall prevail in the event of any differences.

29. VIRUS SCANNING, SPAM FILTERING AND PERMANENT DELETION

The Customer's use of the Services is at the Customer's sole risk. Plutus™ Internet Services Pty (Ltd.) is not responsible for the security or integrity of any information stored with Plutus™ Internet Services Pty (Ltd.) and associated with the Customer's account.

The Customer undertakes full responsibility for the integrity of all files and information communicated via the Services, and the Customer will ensure and maintain appropriate backup facilities of files and information stored on Plutus™ Internet Services Pty (Ltd.) servers.

The Customer acknowledges that, upon the termination of this Agreement for whatsoever purpose, Plutus™ Internet Services Pty (Ltd.) shall be entitled to permanently remove your information from it's servers within a reasonable period. Plutus™ Internet Services Pty (Ltd.) accepts no liability for the permanent deletion thereof.

As a responsible party facilitating access to the Internet and associated protocols, Plutus™ Internet Services Pty (Ltd.) has a virus scanning and spam filter activated by default. In the unlikely event that “false positives” (a legitimate message mistakenly marked as spam) occur, Plutus™ Internet Services Pty (Ltd.) will not be held liable for any direct, indirect or consequential loss, should legitimate information incorrectly be identified as spam or a virus, and filtered out.

30. GOVERNING LAW/DISPUTES
The Agreement shall be governed by the laws of the Republic of South Africa (excluding its choice of law rules). EXCLUSIVE VENUE FOR ALL DISPUTES ARISING OUT OF OR RELATING TO THE AGREEMENT SHALL BE THE PROVINCIAL AND FEDERAL COURTS IN SOUTH AFRICA, AND EACH PARTY AGREES NOT TO DISPUTE SUCH PERSONAL JURISDICTION AND WAIVES ALL OBJECTIONS THERETO.
31. MISCELLANEOUS

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in it's trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other party’s name or trademark without the other party’s prior written consent. The parties intend for their relationship to be that of independent contractors and not a partnership, joint venture, or employer/employee. Neither party will represent itself to be agent of the other. There are no third party beneficiaries to the Agreement. Neither insurers nor the customers of resellers are third party beneficiaries to the Agreement. The Customer may not transfer the Agreement without Plutus™ Internet Services Pty (Ltd.) prior written consent. Plutus™ Internet Services Pty (Ltd.) approval for assignment is contingent on the assignee meeting Plutus™ Internet Services Pty (Ltd.) credit approval criteria. Plutus™ Internet Services Pty (Ltd.) may assign the Agreement in whole or in part.

Any failure or delay by either party in exercising any rights or remedy will not constitute a waiver.

Any notice or other communication to be given by a party under this Agreement must be in writing and must be given by delivery at or sending by first class post or by E-mail or facsimile transmission to the last known postal, E-mail address or relevant telecommunications number of the other party. Notices shall be deemed to have been received when in the ordinary course of the means of transmission it would be received by the addressee. To prove the giving of a notice it shall be sufficient to show it was dispatched. A notice shall have been effect from the sooner of its actual or deemed receipt by the addressee.

Any termination of this Agreement shall be without prejudice to any other rights or remedies which a party may be entitled to hereunder or at law and shall not effect any previous rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into continue in force upon or after such termination.

If any provision of these Conditions is held by any competent authority to be unlawful, invalid or unenforceable in whole or in part then the provision shall be deemed to be severable from the remaining provisions and shall not affect their validity or enforceability.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replaces any prior understanding or communication, written or oral.

32. TORTUROUS CONDUCT
You have read and agreed to policies outlined in the Plutus™ Internet Services Pty (Ltd.) Torturous Conduct Policy , which is incorporated into this Agreement by reference.
33. AMENDMENTS OF THIS AGREEMENT

Plutus™ Internet Services Pty (Ltd.) reserves the right, at any time, to amend any of the Terms of Service Agreement to which the Customer is bound without specific notice to the Customer. An updated version of the Terms of Service Agreement will be posted on the Website.

It is the Customer’s responsibility as a diligent user to peruse any amended Terms of Service Agreement posted on the Site and the Customer undertakes to regularly visit the Site so as to remain advised of the amended Terms of Service Agreement.

34. RIGHT TO REFUSAL OF SERVICE

Plutus™ Internet Services Pty (Ltd.) may refuse to accept any customer or any web site for participation in the Plutus™ Internet Services Pty (Ltd.) Hosting Network as determined by Plutus™ Internet Services Pty (Ltd.) at its sole discretion.

This Terms of Service Agreement together with the Order and Acceptable Use Policy constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replaces any prior understanding or communication, written or oral.

(Last Updated: 23 Aug 2011)