Terms and Conditions

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HAWP strives to provide the best possible service to all our customers, but we will not tolerate any unlawful activity or abuse on our servers. We respect freedom of speech and expression unless it is harmful to others. These Terms and Conditions are strictly enforced to protect you, other HAWP customers and HAWP against such harm.

Payment Policies, Fees and Refunds

Full payment is due on the due date every month as indicted on the invoice you receive. You will receive an invoice no later than one week before payment is due. Billing will continue until you cancel your hosting account. Payment is only possible by credit card through the PayFast payment gateway.

Hosting fees are not refundable under any circumstances, for any reason whatsoever.

High-Availability

100% uptime is guaranteed for all HAWP products. If your HAWP website goes offline for more than 30 consecutive minutes in any calendar month, due to network or server faults, then affected clients will receive a credit equal to one month’s worth of hosting. This excludes downtime caused by plugins or themes installed or updated by the client, or WordPress updates performed automatically or by the client.

Late Payment

Late payment will result in the suspension of your hosting account, and a reconnection fee of R500 may be levied. Clients who regularly make late payments may be required to sign a debit order mandate allowing HAWP to debit their bank account or credit card.

Account Cancellation

You may cancel your hosting services at any time. No refunds or pro-rata refunds will be given, under any circumstances.

Account Termination

When necessary, usually in cases of spam and server abuse, HAWP reserves the right to terminate a hosting account at any time, for any reason, (which reason may or may not be provided at our sole discretion).

If an account is terminated, the balance of any hosting fees will not be refunded. If an account is terminated, it will not be possible to access any files or emails which were stored on the server at the time of termination.

Indemnification Policy

You agree to use all HAWP services and facilities at your own risk. HAWP specifically disclaims all warranties of merchantability and fitness for a particular purpose.

In no event shall HAWP be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.

You agree that you shall defend, indemnify, save and hold HAWP harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against HAWP, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by you, your agents, employees or assigns.

You agree to defend, indemnify and hold harmless HAWP against liabilities arising out of:

– Any injury to person or property caused by any products sold or otherwise distributed in connection with HAWP servers;
– Any material supplied by you infringing or allegedly infringing on the proprietary rights of a third party;
– Copyright infringement;
– Any defective products sold to customers from your HAWP-hosted website.

HAWP shall be the sole judge of what violates this Policy.

No mass email marketing allowed!

We do not allow mass email marketing sites on our servers and no mass emailing of any kind whatsoever, including email newsletters, is allowed on our network. It doesn’t matter if it’s “opt-in email marketing”, we simply do not allow sites of that nature to be hosted on our network. Sites such as “safe lists” and “free email” are also strictly prohibited. We reserve the right to shutdown such sites without prior notice.

SPAM Policy

HAWP has a zero-tolerance, anti-Spamming policy. Under this policy, we prohibit Spam, or any unsolicited commercial email, from being sent either:

– over the HAWP network, by customers or any other users of the HAWP network;
– and/or over any network if the message sent advertises or mentions a site hosted on a HAWP server.

We react quickly and seriously to violations, and we further reserve the right to suspend or terminate the services, without prior notice and without refunding any hosting fees paid, of any customer disregarding this policy.

If spam sent through your account results in a mailserver being blacklisted, we reserve the right to charge you for any blacklist removal fees that may be incurred.

Sending unsolicited commercial email (a.k.a. “spam”), posting obscene or threatening messages while using or referring to a HAWP email address or web site URL is prohibited.

The use of HAWP servers as a mail drop for responses to activities described above is also prohibited.

If your hosting account is involved in spamming activities, and your account is subsequently terminated, then you do not have the right to a refund. This also includes refunds for additional services or products, such as installations of software, SSL certificates and dedicated IP addresses purchased for that hosting account.

If you have any complaints or comments regarding Spam on our network, please direct them via email to abuse@hawp.co.za

Content Policy

All services provided by HAWP may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African or United Kingdom law is prohibited.

This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorization.

The subscriber agrees to indemnify and hold harmless HAWP from any claims resulting from the use of the service which damages the subscriber or any other party.

Sites that promote any illegal activity or present content that may be damaging to HAWP servers or any other server on the internet are prohibited. Links to such materials are also prohibited.

Examples of unacceptable content or links:

– Pirated software
– Hacker programs or archives
– Warez sites
– Online gambling

HAWP does not allow the hosting of web pages, links or content of any nature whatsoever which promotes or links to the websites of its competitors.
Any illegal activity, online gambling, spamming or hacking will result in your hosting account being terminated without notice or refund.
HAWP will be the sole arbiter as to what constitutes a violation of this provision.

Refusal of Service

We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to HAWP servers, the HAWP network or any other internet servers will result in immediate account deactivation without prior notice. No refund is given in this case.

Support Policy

It is the client’s responsibility to have a good working knowledge of aspects of their site’s operation. The HAWP support staff will not teach you how to use WordPress, and especially not the software (such as email and FTP clients) which you have installed and run on your own PC.

THESE TERMS & CONDITIONS WERE LAST UPDATED ON 14 JANUARY 2017.