Terms and Conditions

This document has two parts. Part A is our agreement with you for the services we provide. Part B is the Registrant Agreement for .co.za domain names, which contains the terms the .co.za registry requires every registrar to include. By ticking the box when you sign up or place an order, you agree to both parts.

1. Part A: Hive Data Solutions service terms
2. Part B: Registrant Agreement for .co.za domain names

Part A: Hive Data Solutions service terms

1. Who we are

1.1"We", "us" and "Hive Data" mean Hive Data Solutions, of 98A Teilman Roos Street, Olive Hill, Bloemfontein, South Africa. You can reach us at support@hivedata.co.za or on 067 642 6983.

1.2We are an accredited registrar for .co.za domain names. The .co.za registry is operated by the registry named in Part B, not by us.

1.3"You" means the person or organisation that holds the account, and, where a domain name is registered in another name, the registrant of that domain name.

2. Your account

2.1You need an account to register or manage a domain name. The details you give us must be true, and you must keep them up to date.

2.2You are responsible for keeping your password secret and for everything done through your account. Tell us straight away if you think someone else has access to it.

2.3We send notices about your domains, including renewal reminders, to the email address on your account. It is your responsibility to make sure that address works and is read.

3. Orders and payment

3.1The price of a registration or renewal is the price shown to you before you pay. Prices are in South African Rand.

3.2Payment is made online through our payment provider. We do not see or store your card details.

3.3An order is only a request to register a domain name. The name is not reserved for you at the registry until payment has been confirmed and the registry has accepted the registration. An unpaid order lapses after 48 hours.

3.4Domain names are registered on a first-come, first-served basis. If the name is registered by someone else before your payment is confirmed, or the registry refuses the registration, no registration takes place and we will return your payment.

3.5Once a domain name has been registered or renewed, the fee for that period is not refundable, except where the law gives you a right that cannot be excluded.

3.6We may change our prices for future registrations and renewals. A change does not affect a period you have already paid for.

4. Registration period and renewal

4.1A domain name is registered for the period you pay for, starting on the date the registry accepts the registration.

4.2Domain names do not renew automatically. Before a domain name expires we send a renewal invoice and reminders by email. If the renewal is not paid by the expiry date, the domain name expires, stops working, and may be deleted and become available to others in line with the registry's policies.

4.3We are not responsible for the loss of a domain name that was not renewed in time, including where a reminder did not reach you.

5. Nameservers, DNS records and hosting

5.1Unless you choose otherwise, a domain name registered through us uses our nameservers, and you can manage its DNS records from your account. You are responsible for the records you set and for where they point.

5.2You may change a domain name to other nameservers. The registry applies the change only once those nameservers answer for the domain name. While a domain name uses other nameservers, its DNS records are managed where those nameservers are hosted, not by us.

5.3We take reasonable care to keep our nameservers available but do not guarantee that they will be available without interruption.

5.4Email and website hosting is covered by clause 11.

6. Transfers and cancellation

6.1You may transfer your domain name to another registrar, subject to the registry's policies. We do not charge for a transfer away, and no refund is due for the unused part of a registration period.

6.2You may ask us to delete a domain name or close your account at any time by writing to us from the email address on your account.

6.3We may suspend or cancel a domain name or an account in the circumstances set out in Part B, where payment is reversed or charged back, or where we are required to by law, by the registry or by a court.

7. Acceptable use

7.1You may not use a domain name, our nameservers or your account for anything unlawful, including phishing, distributing malware, fraud, sending unsolicited bulk email, or infringing another person's rights.

7.2If we receive a credible complaint of abuse we may investigate, pass the complaint to the registry, and suspend the domain name while the complaint is resolved.

8. Your information

8.1We collect the details you give us (name, organisation, address, phone number and email address) in order to open your account, register and manage your domain names, invoice you and contact you about them.

8.2To register a domain name we must pass the registrant's details to the registry, and some of them may be shown in the public WHOIS record for the domain name. This is described in clause 7 of Part B.

8.3We do not sell your information. We handle it in line with the Protection of Personal Information Act, 2013. You may ask us what information we hold about you and ask us to correct it.

9. Our liability

9.1We provide the services with reasonable care and skill. To the extent the law allows, we are not liable for indirect or consequential loss, including loss of profit, business or data, arising from the registration, use, suspension or loss of a domain name.

9.2To the extent the law allows, our total liability to you for a domain name is limited to the fees you paid us for that domain name in the twelve months before the claim arose.

9.3Nothing in these terms limits a right you have under the Consumer Protection Act, 2008 or the Electronic Communications and Transactions Act, 2002 that cannot lawfully be limited.

10. Changes, notices and law

10.1We may update these terms. The current version is always published on this page with its version number and date. If a change is significant we will tell you by email.

10.2If Part A and Part B conflict in relation to a .co.za domain name, Part B applies.

10.3These terms are governed by the law of the Republic of South Africa.

11. Email and website hosting

11.1We provide email and website hosting for domain names registered with us that use our nameservers. A website on a subdomain (for example shop.yourdomain.co.za) is website hosting only and does not include email.

11.2Hosting is billed monthly in advance. The first invoice covers the rest of the month in which you order, worked out by days, and also the following month if you order on or after the 25th of the month. After that, the invoice for each month is issued on the 25th of the month before and must be paid by the last day of that month.

11.3We set up hosting once the first invoice is paid. To make it work, we replace the domain name's email records and, for a plan that includes a website, its website records, so that they point to your hosting. We show you the records that will be replaced before you pay.

11.4Each plan has the limits shown when you order it, including the number of mailboxes and the storage included. Every mailbox is limited to 1 GB. Website files, email and any MySQL databases the plan allows all count towards the plan's storage. Where a plan includes a set amount of storage, storage used above it is charged at R 20.00 for each gigabyte or part of a gigabyte, measured on the 25th of each month and added to the next monthly invoice.

11.5You may upgrade to a larger plan at any time. An upgrade takes effect as soon as you have paid the difference in price for the rest of the period already invoiced, worked out by days.

11.6To cancel hosting, or to move to a smaller plan, you must give at least one full calendar month's notice from your account. The cancellation or change takes effect at the end of the calendar month that follows the month in which you give notice, and that month is billed as normal. For example, notice given on any day in October takes effect at the end of November. You may withdraw your notice from your account before it takes effect. No refund is due for part of a month. You can only move to a smaller plan if your mailboxes fit within it.

11.7If an invoice is not paid by its due date we will remind you. If it is still unpaid on the 5th of the following month, we will suspend the hosting: email and the website stop working, but nothing is deleted, and paying the outstanding amount restores the hosting.

11.8If hosting remains suspended for 30 days, or when a cancellation takes effect, we close the hosting account and permanently delete all email, website files and other data in it. We will email you before this happens. You are responsible for keeping your own copies of your email and website files; we keep no copy after an account is closed.

11.9Hosting accounts have sending limits. Bulk or unsolicited email, and any use described in clause 7.1, is not allowed. We may suspend hosting immediately, without notice, to stop abuse or to protect our servers, our other customers or the reputation of our mail servers.

11.10Hosting runs on servers operated for us by a hosting provider, which may be located outside South Africa (currently in the European Union). By ordering hosting you agree that the information stored in your hosting may be held there. We take reasonable care to keep hosting available but do not guarantee uninterrupted service.

11.11Clause 9 applies to hosting, with the limit in clause 9.2 calculated on the hosting fees you paid us in the twelve months before the claim arose.

Part B: Registrant Agreement for .co.za domain names

These are the Registrant Agreement Mandatory Terms published by the .co.za registry, which every registrar must include in its agreement with registrants. The registrar's details have been filled in where the registry's text leaves them open.

1. Definitions

1.1"Administration Sites" means the Registry's official administration website/s including, but not limited to: www.registry.net.za and the Registrar's official administration website/s including, but not limited to: https://hivedata.co.za.

1.2"Agreement" means the Application read together with these terms and conditions.

1.3"Applicant" means the party making application for the delegation or update of the Domain Name in terms of this Agreement, and who will be identified as the Registrant on the Application.

1.4"Application" means the application for the delegation or update of the Domain Name submitted by, or on behalf of, the Applicant and to which these terms and conditions apply.

1.5"Registry" means ZA Central Registry NPC, a company registered in accordance with the laws of South Africa with registration number 1988/004299/08, its successors or permitted assigns.

1.6"Domain Name" means the domain name in the Namespace, designated by the Applicant in the Application, and governed by the Agreement.

1.7"Namespace" means the .co.za namespace of the Internet.

1.8"Personal Information" means information relating to an identifiable, living, natural person.

1.9"Registrar" means Hive Data Solutions.

1.10"Published Policies" means those specifications and policies established and published by the Registry from time-to-time relating to the administration of the Namespace, and includes the Launch Policy, Sunrise Dispute Resolution Policy, and Auction Policy. The published policies can be found on the Administration Sites.

2. Applicability

2.1The Registry is responsible for delegating domain names in the .co.za namespace of the Internet.

2.2These terms and conditions apply to all the .co.za domain names.

2.3The Applicant also agrees to be bound by the Published Policies.

3. Fees

3.1The fee for the registration or renewal of the Domain Name is the amount shown to the Applicant before payment and stated on the Registrar's invoice. It is payable in full, in advance, by the online payment method offered by the Registrar. A registration fee is due when the Application is submitted, and a renewal fee is due on or before the expiry date of the Domain Name.

3.2Should the Applicant fail to pay any of the fees contemplated in this clause 3 within the periods stated herein, the Registrar may, without derogating from any other right which it may have in terms of this Agreement or otherwise, and without notice, withdraw the Domain Name delegation.

3.3Under no circumstances whatsoever will the Registry or Registrar be obliged to refund any fees paid by the Applicant in terms of this clause 3.

4. Rights to Domain Name

4.1The Registry or the Registrar will under no circumstances whatsoever be obliged to determine the right of the Applicant to the Domain Name. Domain names are delegated on a "first-come-first served" basis (unless the Application is made as part of the Namespace launch phase) and the delegation of the Domain Name by the Registry will in no way constitute any indication or warranty of the Applicant's right to utilise such name.

4.2The Registry and Registrar give no warranties of any nature whatsoever with regard to the Domain Name, the registration or use thereof and hereby disclaim all such warranties, whether express or implied.

4.3Under no circumstances whatsoever will the Registry or Registrar be obliged to act as an arbiter of disputes arising out of the registration and use of the Domain Name.

4.4Should a third party (the "Complainant"), in contemplation of legal action against the Applicant in court or as described in clause 4.5, present the Registry or Registrar with prima facie evidence that indicates that the Domain Name violates the rights of the Complainant, then the Registry will be entitled to provide the Complainant with the Applicant's name and contact particulars. All further communication will exclude the Registry and the Registrar, and who will have no further obligations to the Applicant or complainant.

4.5The Applicant accepts the jurisdiction of any dispute resolution mechanism established in respect of the Namespace by the Registry, ICANN or by applicable law, as the case may be, in disputes relating to the Domain Name, including the Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Uniform Rapid Suspension ("URS"), and agrees to be bound by any decision that may result.

5. The Applicant's Warranties & Indemnity

5.1The Applicant hereby irrevocably represents, warrants and agrees that:

5.1.1the information provided in the Application is accurate and complete, and that it will keep such information up to date at all times;

5.1.2it has the right without restriction to use and register the Domain Name;

5.1.3to the best of its knowledge and belief the registration of the Domain Name or its use does not and will not directly or indirectly infringe any legal right of any third party in any jurisdiction, including with respect to trade mark, service mark, trade name, company name, close corporation name, copyright or any other intellectual property right;

5.1.4will not use the Domain Name for any unlawful purpose whatsoever, including, without limitation, distributing malware, abusively operating botnets, defamation, unfair competition, passing off, phishing, piracy, counterfeiting, fraudulent or deceptive practices or generally for the purpose of confusing or misleading any person;

5.1.5at the time of the initial submission of the Application, and at all material times thereafter, it must have an operational name service from at least two operational name servers for the Domain Name. Each server is and will continue to be fully connected to the Internet and capable of receiving queries relating to the Domain Name and responding thereto; and

5.1.6it has selected the Domain Name without any input, influence or assistance from the Registry and/or Registrar.

5.2Pursuant to the above warranties, the Applicant hereby agrees that it will defend, indemnify and hold harmless the Registrar and the Registry, their directors, officers, members, employees and agents, for any loss, damage, expense or liability resulting from any claim, action or demand arising out of or related to a breach of the aforementioned warranties or the use or registration of the Domain Name, including reasonable attorneys' fees on an attorney and own client basis. Such claims will include, without limitation, those based upon trade mark infringement, copyright infringement, dilution, unfair competition, passing off, defamation or injury to reputation. The Registrar agrees to give the Applicant written notice of any such claim, action or demand within reasonable time of becoming aware thereof. The Applicant agrees that the Registry and/or the Registrar will be defended by attorneys of their own respective choices at the Applicant's expense, and that the Applicant will advance the costs incurred in such litigation, to the respective parties on demand from time to time.

6. Withdrawals and Transfers

6.1The Applicant agrees that the Registry or Registrar will have the right to withdraw the Domain Name delegation, suspend operation of the Domain Name, or transfer the Domain Name (as the case may be):

6.1.1in the circumstances contemplated in clause 3;

6.1.2should the Applicant breach any warranty given under clause 5.1;

6.1.3if the Applicant withdraws its consent for processing of Personal Information described in clause 7;

6.1.4should the Applicant breach any other provision of this Agreement, and fail to remedy such breach within 14 (fourteen) days of receiving written notice from the Registrar calling upon it to do so;

6.1.5in order to correct mistakes by Registrar or the Registry in registering the Domain Name pursuant to the Published Polices or ICANN policy applicable to the Registrar;

6.1.6on receipt of an order by any competent court having jurisdiction; or

6.1.7on receipt of a decision by a dispute resolution provider appointed in terms of an official domain name Dispute Resolution Procedure introduced by law, or adopted and published by the Registry or ICANN (if applicable).

6.2In the event that the Registrar's accreditation is withdrawn by the Registry, the Registry may initiate a forced transfer of the Domain Name to another registrar.

7. Personal Information

7.1Personal Information provided by the Applicant to the Registrar will be used in a manner generally accepted in the domain name industry, and in particular for the following purposes:

7.1.1use of Personal Information by the Registrar and Registry in providing the registrar and registry services respectively and in particular providing a public WHOIS facility which may include the Personal Information;

7.1.2inclusion of Personal Information in escrow deposits by the Registrar and Registry held by third parties located both inside and outside of the respective countries in which they provide the services;

7.1.3transfer of Personal Information to the Registry's affiliates and service providers for the purposes of providing registry services wherever in the world such parties may be located;

7.1.4transfer of Personal Information to a third party replacing the Registry in providing the registry function in terms of the registry agreement between ICANN and the Registry, wherever in the world such third party may be located.

7.2In processing the Personal Information as set out in clause 7.1 the Registrar and Registry may transfer such Personal Information to the parties described therein. If the Registrar is a reseller of registrar services, then the Personal Information will also be transmitted to the sponsoring registrar.

7.3THE APPLICANT CONSENTS TO THE PROCESSING OF PERSONAL INFORMATION AS DESCRIBED IN CLAUSES 7.1 AND 7.2. AND ACKNOWLEDGES THAT REGISTRATION, TRANSFER OR RENEWAL OF THE DOMAIN NAME IS DEPENDENT ON SUCH CONSENT.

7.4Provision of the Domain Name is dependent on the Applicant's consent, and the Domain Name may be suspended or withdrawn if the Applicant withdraws such consent.

8. Exemption and Indemnity of the Registry

8.1THE REGISTRY ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND AND HOWSOEVER ARISING (INCLUDING, WITHOUT LIMITATION, LOSS OF USE, BUSINESS INTERRUPTION OR LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, DELICT, OR OTHERWISE, EVEN IF THE REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8.2THE APPLICANT WILL INDEMNIFY, DEFEND, AND HOLD THE REGISTRY AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS HARMLESS AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) RELATING TO OR ARISING OUT OF THE APPLICANT'S DOMAIN NAME REGISTRATION.

9. General

9.1For adjudication of any legal disputes between the Applicant and the Registry, the Applicant hereby consents to the jurisdiction of the High Court of South Africa (Gauteng Division, Pretoria).

9.2The Agreement will be construed and interpreted in accordance with the law of the Republic of South Africa.

9.3The Applicant acknowledges that the Registry may oblige the Registrar to make changes to or supplement the Agreement or parts of the Agreement ("amendments") if these amendments are reasonably necessary for the administration of the Namespace. These amendments will be published on the Administration Sites from time to time.

9.4The Applicant accepts that it is incumbent on it to monitor such changes and it hereby agrees that should it fail to notify the Registrar of the Applicant's wish not to be bound by such amendments within 30 (thirty) days of such amendment being published, it will conclusively be deemed to have acceded and agreed to the amendments thus published.

9.5To the extent that the Registry is granted rights, the relevant provisions of this Agreement will constitute an agreement for the benefit of a third party (stipulatio alteri) in the Registry's favour. Where the Registry has lawfully assigned its rights and duties under its Registry-Registrar Agreement with the Registrar, the assignee will be the beneficiary under this clause.

9.6In the event that any of these terms are found to be invalid, unlawful or unenforceable, such terms will be severable from the remaining terms, which will continue to be valid and enforceable.