In addition to the General Terms, these terms and conditions govern the use of The Design Hammock Domain and Hosting services. By contracting The Design Hammock for the services a client will be lawfully regarded as having agreed to their use of the services specified being governed by this Agreement.
Domain registration
- The Design Hammock registers domains on the Internet through the relevant governing bodies and hosts websites and related material on The Design Hammock systems, on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by The Design Hammock.
- The Design Hammock registers domains through third-party providers, chosen at The Design Hammocks discretion.
- The client will be bound by the terms and conditions of the relevant domain name space (e.g. .com or .co.za) under which any domain name registered on its behalf falls, and should become familiar with them. The Design Hammock may post links to these terms and conditions on The Design Hammock website purely as a convenience to the client.
- Where The Design Hammock is acting as a reseller in registering a domain name for the client, the client may be required to agree to further terms. The Design Hammock will provide the client with a link to these terms, which are incorporated into this agreement by reference.
- The Design Hammock will strive to ensure that registration and subsequent DNS propagation is affected in the shortest period of time. However, The Design Hammock cannot be held liable for any delays that may accompany the registration of domains. Initial setup fees are non-refundable. Domain name registration fees constitute a once-off payment subject to certain renewal charges.
Free domain registration
- Domain registration may be offered free of charge with Hosting products, depending on the nature and type of TLD (Top Level Domain). This offer is based on the assumption that the domain (and site content) will be hosted with The Design Hammock for a reasonable period. The Design Hammock reserves the right to, at their discretion, charge a parking fee where a minimum period (3 months) has not been observed on the Hosting product before downgrading to a Parking product. The fee will depend on the type of domain and applicable administration fees. Waiving such fees will be entirely at The Design Hammock’s sole discretion.
- The Design Hammock reserves the right to charge a domain registration fee (in arrears) for any domain name which is registered as a FREE domain with a hosting package that is cancelled (or the domain is transferred) within 6 months of sign up. Such fee(s) will be invoiced exclusively at The Design Hammock’s discretion, and no leniency extended to Clients on previous occasions will in any way prejudice The Design Hammock’s right to enforce this clause. Such fees must be settled before any domain transfer can be effected with the applicable registrar.
- The Design Hammock will not tolerate any abuse of their free registration policy. Any such abuse will result in the immediate termination of accounts concerned and service agreement, as well as possible further action to recover applicable costs from the client.
- The Design Hammock only offers Free Domain registration for “.co.za” domains with new hosting package signups. Other TLDs or gTLDs are not included in the Free Domain Registration offer. The Design Hammock will register domains as per the clauses above , but will not be responsible for any further costs in relation to the domain, such as Annual Renewal Fees, Redemption fees or nay other fees which may become payable in respect of domain ownership. Clients are exclusively responsible for such fees, and The Design Hammock will not enter into any disputes resulting from non-payment. Should such domains be automatically renewed, clients will be billed for such renewal without exception. Clients not wanting to continue with a specific domain must ensure that cancellation is effected before any such renewal is actioned by The Design Hammock with the registrar concerned.
Free Hosting
- The Design Hammock (PTY) Ltd, offers a free hosting period which will be applied to the first month of service following the registration of the domain. This offer is based on the assumption that the domain (and site content) will be hosted with The Design Hammock for a reasonable period. The Design Hammock reserves the right to, at their discretion, charge the cost of the free month of hosting retrospectively when a minimum period (6 months) has not been observed.
- After the initial free month, standard hosting fees will apply for the remaining five (5) months and any subsequent periods.
- This promotion cannot be combined with any other offers or discounts unless explicitly stated otherwise.
- The free hosting offer is valid for one month per domain registration. Multiple domain registrations by the same client will each be eligible for their own one month of free hosting, provided each domain meets the six-month minimum hosting requirement.
- The Design Hammock (PTY) Ltd reserves the right to modify, suspend, or terminate this promotion at any time without prior notice. Any changes will not affect clients who are already participating in the promotion at the time of the change.
Domain renewal
- The Design Hammock will register a domain for a specified period (generally one year).
- Thereafter, the client is solely responsible for ensuring that the domain is renewed at the end of that period, and subsequent periods, until the domain is either cancelled or transferred by the client. This includes domains which have been set to auto-renew. Should the auto-renewal process fail, the onus will be on the client to notify The Design Hammock of the failure.
- Should this remainder fail to reach the client, or should the reminder fail to be issued, this will not constitute a breach of this agreement, as this is solely performed as a courtesy.
- Clients registering domains must take note of the registration date, and ensure that renewal is effected.
Domain transfer
- The Design Hammock will transfer existing (registered) domains from existing hosting providers to The Design Hammock’s designated providers’ DNS and web servers. Upon requesting the transfer, and accepting the relevant service terms, the client explicitly agrees that it has the authority to do so, being the registrant of the domain in question or having been nominated as an agent of the registrant. The client thereby indemnified The Design Hammock from any disputes regarding ownership of the domain and any claims as a result thereof.
Cancellation
- Cancellation will be dealt with as per the general terms.
- Cancellation, by the client or The Design Hammock, will result in any data being permanently removed from The Design Hammock’s servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any other data stored on their hosting space. The Design Hammock will not be liable for loss of data, or be obligated to provide any such data once the hosting contract term has expired. Any backups made by The Design Hammock will be made for legal purposes and not for data retention purposes and will not necessarily be made available to clients upon request.
Payment and payment terms
- Payment will be dealt with as per the general terms.
- The client’s monthly debit orders of the fee will be submitted monthly in advance on or about the 23rd of the month. This will apply to both debit order payments and Visa/Mastercard payments.
- In the case of a website being suspended due to non-payment a reconnection fee will be payable before the website is resuspended. An additional waiting period of up to 72 hours may be imposed in the case of multiple payment bounces.
Liability for registration and use of domain names
- The Design Hammock has not and does not conduct pre-registration searches in respect of the client’s use and registration of its selected domain name/s and is therefore not obligated to either advise the domain name client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights.
- The Design Hammock reserves the right to disclose pertinent information to registrars for public disclosure as per the terms and conditions of the Registrar. The Design Hammock will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
- This forms a regulatory requirement by the registrar, and there is a service agreement requirement to the client.
- The client indemnified The Design Hammock by warranting that the use or registration of the domain name by a client does not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, copyright nor any other intellectual property right, and that client has the right to use the domain name as requested.
- The Design Hammock cannot act as an arbiter of disputes arising out of the registration and use of domain names. At the same time, clients acknowledge that The Design Hammock may be presented with evidence that a domain name registered by a client violates the rights of a third party. In such instances The Design Hammock shall be allowed to provide a complaint with the client’s name and address and all further communication will exclude The Design Hammock and The Design Hammock will have no further obligations to the client. In such instances the client shall be entitled to continue using the domain name registered for the client by The Design Hammock until a court or other body with jurisdiction directs otherwise.
Registrant contact details for co.za domains
The ZACR policy indicates that the registrant contact details have to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.
- The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and
- The registrant’s designated email address is accurately identified on the domain name recorded where prescribed.
Hosting services
- Use of Hosting services with The Design Hammock is strictly subject to 3rd party and upstream licensing requirements or agreements. Should incorrect or incomplete information be supplied service will be subject to suspension or terminations without prior warning.
Backups
- Clients are solely responsible for backing up their data and The Design Hammock strongly encourages all hosting clients to do so as frequently and completely as possible. The Design Hammock will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
- The Design Hammock may, in some instances, offer a separate backup service in conjunction with dedicated hosting, and will make such backups available to clients on request as and when they are available. However, The Design Hammock does not warrant or guarantee the availability, completeness or “up to date” status of such backups.
- Clients are ultimately responsible for their own data, and The Design Hammock strongly encourages such clients to continue to make their own backups as frequently and completely as possible to ensure that they have recourse in the event of any failure.
- The Design Hammock also cannot guarantee the condition or fitness of any backups provided. Such backups are provided “as is” and are used at the clients own risk and discretion – whether restored by The Design Hammock by instruction from clients or by clients themselves.
- The Design Hammock will not be liable for any losses or damages relating to any incidents arising out of such backups being provided (or not provided) to clients on request.
Use at client's risk
- The Design Hammock will exercise no control whatsoever over the content of the material hosted on, or the information passing through The Design Hammock network and in no way moderates such content.
- Clients expressly agree that use of The Design Hammock’s system(s) and services are at the clients sole risk.
Takedown notice procedure
- In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT act”) the Internet Service Providers’ Association (ISPA) can instruct The Design Hammock to perform a site takedown upon receipt of notification of infringements as defined in Section 77 of the Act.
- Any enquiries can be directed to ISPA at:
Postal address: PO BOX 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Email: takedown@ispa.org.za - Should The Design Hammock receive a takedown notice from ISPA, The Design Hammock will endeavour to:
- Notify the client in good time of the takedown notice
- Allow the client reasonable time to remove the disputed, illegal or infringing content.
- Takedown any sites or services which are included in the ISPA takedown notice.