Terms of Service Abridged
Graphix Bandit is responsible for the following:
- Support during our office hours (listed below)
- Response to support queries within 2 hours
- Follow up on support queries within 24 hours
- Technical support for internet issues within 48 hours
- Resolution of issue or alternative (where possible) within 5 business days.
- Email support during office hours
- Remote support during office hours
- Top-ups on data during office hours
- Internet issue support during office hours
Graphix Bandit is NOT responsible for the following:
- Client-side email security or the security of the client’s devices on which the emails are setup
- Any loss generated by hacked emails or domains
- Downtime due to network issues, ISP problems, loadshedding etc
- Any loss due to downtime
- Hardware damage due to loadshedding or any other possible damage that may occur in a clients home.
- Your Outlook. Please be advised that Outlook support is not the same as Email support. If the error on your outlook is not caused by a server error, you will be billed.
Please also note:
- Our technicians cannot troubleshoot an issue unless you answer their questions
- We cannot force an issue to resolve itself
- We cannot make hardware/software/the internet/signal/ISP’s behave in any way other than what they are capable of.
- Replies are necessary on a whats app chat or email communication. We cannot allocate time that is reserved for other customers to you.
- Whats app chats that do not receive a reply within 10min will be closed
- Website changes and graphics design need to be booked beforehand, there is a queue.
- Support issues must be logged immediately. We will not be held responsible for the time a service is not working if we were not notified.
- Cancellations must be given via email (firstname.lastname@example.org) with 30 days notice for internet packages.
- Arrears accounts will be suspended and incur a re-connection fee of R500 unless the client contacts us to arrange a payment plan.
- All meetings and discussions are done online, via whats app, email and phone calls.
- We offer maintenance on websites we build. This is a bonus feature and NOT part of hosting costs. Email support is part of the hosting costs. If your site is edited or changed by another designer, we can not be held responsible for the stability of the website. If your site is rebuilt or built by another designer, we DO NOT offer any support or edits. We can attempt to assist but you will be charged.
- If our admin rights on the WordPress sites are removed by anyone that you have given site access to and we have to make changes or repairs or login for any reason – you will be charged for the time it takes to reset our admin rights.
Mon-Thurs – 8am to 4.30pm
Friday – 8am – 4pm
*Support given after hours will be billed.
Terms of Service Unabridged
You agree to use all Graphix Bandit services and facilities at your own risk. Graphix Bandit specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall Graphix Bandit be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold Graphix Bandit harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Graphix Bandit, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, agreed to be performed or any product sold by its customers, its agents, employees or assigns. Clients agree to defend, indemnify and hold harmless Graphix Bandit against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Graphix Bandit’s network. Graphix Bandit reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party copyright owner are subject to removal from Graphix Bandit’s servers/network. Graphix Bandit shall be the sole judge of what violates this policy. Clients are responsible for making sure their content does not infringe on any copyrights.
At this time, we bill monthly and annually, depending upon the plan. We provide a 7-day money-back (refund) guarantee with a justified reason. Each refund request must be submitted via email to email@example.com. Each refund request is evaluated on a case by case basis – depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. Graphix Bandit will only issue a refund or credit within 7 days after the initial sign up date of the service. Therefore, Graphix Bandit retains the right to grant or deny any refund or credit request – not affected by date. (For some special offers, the money-back guarantee day will be varied; Domain Name registration/transfer fee(s) are non-refundable. Some payments are non-refundable but may receive an account credit. To prevent abuse, only a client’s first invoice is eligible for a refund unless stated otherwise. We accept only EFT payments and cannot mark invoices as paid without proof of payment being emailed to firstname.lastname@example.org clients must use their invoice number to assure correct allocation. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise. All cancellations require 30 days notice.
Hosting Uptime Guarantee
Graphix Bandit offers each client with a 99.9% uptime guarantee. In the event that a 99.9% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a “compensation” credit, the client must do so by making a request by emailing support. Graphix Bandit’s network is DDoS (Distributed Denial of Service) protected, we cannot guarantee any level/type of protection. We are often able to protect against various types of attacks up to 20Gbps. Attacks that are larger than this will result in the target IP address being null-routed. We are not responsible for any downtime or performance decreases caused by DDoS attacks.
LTE and Internet Uptime Guarantee
Graphix Bandit cannot guarantee internet uptime. We do however guarantee support. We guarantee fault finding and updates as much as possible and we guarantee attempts to restore connectivity. In the event of a network issue we will do our best to get clients reconnected and will offer alternative internet connectivity where available. Graphix Bandit will not be held liable for any losses incurred due to downtime. Graphix Bandit will not be held liable for network failure or hardware failure. Replacement hardware will be at the clients cost unless otherwise stated. We maintain the right to cancel our services to the client at any time and for any reason. No refunds will be given for downtime unless otherwise specified.
Limitation of Liability
Graphix Bandit shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Graphix Bandit servers or internet service providers going off-line or being unavailable for any reason whatsoever. Furthermore, Graphix Bandit shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Graphix Bandit servers. All damages shall be limited to the immediate termination of service.
Graphix Bandit is not responsible for the email security of clients. We do our best to create awareness regarding internet security but it is up to the client to choose a secure password and keep their email inbox safe. We are not liable for any outside mailbox logins or spoofed accounts or any loss resulting from this. In such an event we will do our best to provide as much information as possible to assist the client with regards to a criminal case.
Graphix Bandit will also take no responsibility for the upkeep, working and security of any website that uses an outside designer. If a client requests Cpanel details for their domain we no longer take any responsibility for the security of that cpanel. If
your site is edited or changed by another designer, we can not be held
responsible for the stability of the website. If your site is rebuilt or
built by another designer, we DO NOT offer any support or edits. We can
attempt to assist but you will be charged. If
our admin rights on the WordPress sites are removed by anyone that you
have given site access to and we have to make changes or repairs or
login for any reason – you will be charged for the time it takes to
reset our admin rights.
Graphix Bandit offers maintenance, editing and changes on websites built by OUR STAFF as a BONUS feature and NOT part of hosting costs.
Email support, Backups and Server Maintenance are the only things included in the hosting cost, unless otherwise specified.
The mail program on a client’s device is NOT part of the email support, only setting up the email addresses is. If there is an error on the email program/application that we are asked to repair and the error is NOT related to the setup or the hosting server, the client is liable for the labour costs.
All hosting services are billed according to the dates they were first activated on. If you do not pay for service renew within 7 days after deactivation, your service will be suspended. If you do not pay for service renew within 30 days after deactivation, your service will be terminated. You will receive an email reminder 7 days until deactivation.
Internet packages that are started mid-month will be charged pro rata on the activation date or as an additional invoice with the next monthly payment.
All monthly payments are billed on the 23rd of every month for payment on the 1st of the upcoming month. Late payments will result in the suspension of services. Reconnection thereafter will incur a R500 reconnection fee. Payment arrangements are available but the client MUST contact us via email at email@example.com
Non Refundable Services:
Internet orders (first monthly payment)
You agree that Graphix Bandit may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the Graphix Bandit website on a periodic basis.
Credits on accounts due to incorrect billing by Billing department will be processed immediately. Credits to bank accounts can only be done 21 days from request
We do not use client target marketing.
Acceptable Usage Policy:
All services provided by Graphix Bandit may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African State or City law is prohibited. Services provided by Graphix Bandit that reside outside of the South Africa must still abide these terms and must not be in violation of any relevant laws of hosting city, state and country. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless Graphix Bandit and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. The provisions of this AUP are intended as guidelines and are not meant to be exhaustive. Generally, conduct that violates law, regulation, or the accepted norms of the Internet community, whether or not expressly mentioned in this AUP, are prohibited. We reserve the right at all times to prohibit activities that damage our or our affiliates’ commercial reputation and goodwill. We will be the sole and final arbiter as to what constitutes a violation of our policies.
All users must comply with all relevant legislation and regulations on bulk and commercial e-mail, including but not limited to the CAN-SPAM Act of 2003.
Users may not send mass unsolicited e-mail, which is email that is sent to recipients who have not “opted-in” to mailings from the user. Users who send mass mailings must maintain complete and accurate records of all consents and opt-ins and provide such records to Graphix Bandit upon its request. If a user cannot provide positive and verifiable proof of such consents and opt-ins, we will consider the mass mailing to be unsolicited. Users are prohibited from operating mailing lists, listservs, or mailing services that do not target an audience that has voluntarily signed up for e-mail information using an “opt-in” process or that has made their e-mail addresses available to a user for distribution of information. Users who operate mailing lists must maintain complete and accurate records of all consents and “opt-in” elections and provide such records to Graphix Bandit upon its request. If a user cannot provide positive and verifiable proof of such consents and “opt-in” elections, we will consider the list mailing to be unsolicited. Any user-maintained mailing list must also allow any party on the list to remove itself automatically and permanently. Other prohibited activities include, without limitation, the following:
Use of our network for the receipt of replies to unsolicited mass e-mail.
Forgery of e-mail headers (spoofing);
Spamming via third-party proxy, aggregation of proxy lists, or installation of proxy mailing software.
Configuration of a mail server to accept and process third-party messages for sending without user identification and authentication.
Hosting web pages advertised within “spam e-mail” sent from another network (spamvertising).
Hosting web pages or providing services that support spam.
Any other unsolicited bulk messages, postings, or transmissions through media such as weblog posts, IRC/chat room messages, guestbook entries, HTTP referrer log entries, usenet posts, pop-up messages, instant messages, or SMS messages.
Instructing others in any activity prohibited by this AUP.
If, as a result of your actions, our domains and/or IP address ranges are placed on black hole lists or other mail filtering software systems, your server may be suspended and possibly terminated upon further investigation.
The following uses are prohibited on our network. Engaging in these activities on our services will result in an account and/or service suspension without notice.
Copyrighted content hosting and/or linking to pirated content
Distribution of credentials and/or personal information
Denial of Service (D)DoS attacks
TOR exit nodes
Open DNS resolvers
Virtual currency (*coin) mining
World Community Grid, Folding at Home, or similar software
HitLeap or any artificial traffic creation
iBusinessPromoter or similar software
Social media crawlers
Telnet or SSH access scripts
Destructive activities including but not limited to phishing, malware and/or distributing malicious content
Illegal activities including but not limited to ponzi schemes, pyramid schemes, phishing, scam websites and pirating software
Content delivery networks (CDN)
Multics, CCcam, or any other card sharing software
Chinese private game servers and related websites
Any form of file hosting, file storage, cyberlocker, leeching or similar activity is prohibited
Some network ports are blocked on our network, this is to ensure our services are not used maliciously and to protect machines from possible known vulnerabilities. Any port(s) may be added or removed to/from the list of blocks without prior notice to users. Please create a support email if you require more information on the specific blocks.
Please note if you do not stay within the bounds of your plan, your email service may stop working due to space management.
Users who are targeted with frequent and/or disruptive attacks may have action taken against their service and/or account. If your service(s) are found to be impacting the experience of other users persistently, you will be notified via email and requested to prevent further damages from occurring or relocate to another provider.
Unlimited & unmetered claims have software and hardware limitations, and are subject to a discretionary fair use policy by our team. Our hosting plans are intended only to be used for content relevant to a hosted website, any form of backup storage, file locker services, personal media (e.g. photos, movies, music or any other form of media) is not permitted. If you are using more of any resource than is considered realistic or reasonable for the relevant platform then you will be notified via email to reduce your usage. If any user’ usage of a resource imposes a risk to the integrity of the platform, they may have their service(s) suspended to prevent any disruptions.
All accounts are protected by CloudLinux virtualization. The resources allocated to our clients through packages are not dedicated to the account, and no right to use the entirety of any resource is given. These are in place to lessen attack disruption and/or abusive behaviour from affecting other customers on the same node. If you are persistently reaching these limits, we may request that you upgrade your plan (if applicable) or move to a more powerful environment such as a VPS or dedicated server. We retain the right to change these limits without notice and to suspend service(s) that are persistently reaching their resource limits.
All cPanel accounts on our Shared & Reseller plans have a soft limit of 100,000 inodes and a hard limit of 250,000 inodes though they may differ on some services. You can burst over your soft limit temporarily for up to 7 days, if it doesn’t reduce back below the limit by this threshold and/or you hit your hard limit then your account will be denied access to write any further files on your account and you will be required to remove data to regain full functionality. In computing, an inode is a data structure on a traditional Unix-style file system such as UFS. An inode stores basic information about a regular file, directory, or other file system object. (One inode is equal to 1 file, such as an image)
Outgoing mail on all of our cPanel host nodes are limited to 500 emails per hour on each individual account, this includes mailman lists and PHP mail. We retain the right to alter this limit without prior notice.
SSH access granted by Graphix Bandit is jailed by CloudLinux LVE to prevent access to unauthorized directories/binaries and damages to the host node. If you are found to be installing or running processes that are not meant for the platform you’re placed on, those processes will be killed and your SSH access will be revoked. Severe and/or persistent abuse may result in an account suspension.
All cPanel host nodes run daily backups of accounts, the maximum retain period is 14 days. This process happens during off-peak hours and may cause a decrease in server performance during this time, we are not responsible for any performance decrease during the process. Accounts using more than 100GB quota and/or 300,000 inodes are excluded from the backup process to ensure tasks are completed in a timely manner without hindering performance. We provide these backups as an emergency fail-safe and cannot guarantee their availability to users.
Backups older than 14 days in a user account may be removed from the server at our discretion.
You agree that we may remove impermissible data from our servers at any time in our sole discretion without notice. We may also delete the following types of files if we find them to be using excessive amounts of disk space, especially if affecting other users:
cPanel or other backups stored locally.
Softaculous backups stored locally.
Softaculous backup temp files.
Common CMS backups stored locally.
Common CMS backup temp files.
Common CMS backup logs.
Excessively sized error logs.
Any other large files deemed unnecessary for core website functionality or not containing any valuable data.
Domain Purchases are non-refundable. Transfer fees are non-refundable when domain is already transferred. Domain fees can be paid monthly or yearly.
After 10 days (ZA) or 29 days(International) of being expired, domains enter the redemption period. At this point, an excess renewal fee (reconnection) will apply. Graphix Bandit will request that you to pay this cost until the 30th day past expiration and we will try to renew it (However note paying on the last day is not recommended and is risky), after which the domain will no longer be available and may have to be re-registered when it becomes available.
Prices to domains can change unexpectedly at anytime. We will notify customers within 24 to 48 hours of such a change Kindly note we do not register premium domains (Domains with 3 characters). Kindly note and ensure all your domains are renewed when and as they should be, usually you have 10 (ZA) or 30(International) days after expiry to pay before a domain goes into redemption stage. Please pay before (early) to ensure all goes through successfully and you do not loose your domains
If for any reason your domain is not registered, renewed or transferred correctly, Graphix Bandit, its directors, agents or employees WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE for any reason including human error. Hence please check that your domain is registered, renewed or transferred correctly at all times. We will however do our best to assist as best we can in transferring and registration of each and every domain.
Loss Or Corruption Of Data
You acknowledge and agree that Graphix Bandit is not and shall not be responsible or liable for any loss of any kind (including lost profits) or corruption of data that you may experience on the Services or otherwise, nor are we required to return to you any data that you have stored on the Services. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of your web pages or the Graphix Bandit site, network, system, or server “crashes” or outages, or other power outages, damage caused by viruses, worms, or security breaches, file corruption, and any other cause. We recommend that you to maintain backup versions of your web pages and related information to help protect yourself against such losses. We however do server backups daily and account weekly backups and have and will continue to do our utmost to protect all our clients data to the fullest extent with all our backup software and servers.
Term. This agreement shall be effective upon when applying for hosting services from Graphix Bandit.
You may terminate a hosting Agreement immediately for any reason at any time by sending mail to info@Graphix Bandit.co.za.
You may terminate an internet Agreement with 30 days notice for any reason at any time by sending mail to info@Graphix Bandit.co.za.
Hosting Termination by Graphix Bandit
When account is cancelled and terminated backups are only kept for a period of 1 week. Please contact us within 1 week if you require backup of your cancelled account.
Internet Termination by Graphix Bandit
When account is cancelled and terminated all hardware must be paid for in full or returned within 1 week. Please contact us within 1 week to arrange collection/drop off of hardware or to request the outstanding amount payable.
No account or service will be terminated without the account being paid in full.
Graphix Bandit cannot be held liable for system downtime, crashes, or data loss. Graphix Bandit has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by Graphix Bandit are resold. Thus, certain equipment, routing, software, and programming used by Graphix Bandit are not directly owned or written by Graphix Bandit. Moreover, Graphix Bandit holds no responsibility for the use of our clients’ accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as Graphix Bandit sees fit. Graphix Bandit is not responsible for any clients files, data or actions. FURTHERMORE, Graphix Bandit retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
Users’ privacy is very important to Graphix Bandit. We are committed to safeguarding the information Users entrust to Graphix Bandit.
The Information We Collect
Graphix Bandit collects personally identifiable information from Users through online forms for ordering products and services. We may also collect information about how Users use our Web site, for example, by tracking the number of unique views received by the pages of the Web site or the domains from which Users originate. We use “cookies” to track how Users use our Web site.
How We Use Information
Graphix Bandit may use personally identifiable information collected through our Web site to contact Users regarding products and services offered by Graphix Bandit and its trusted affiliates, independent contractors and business partners, and otherwise to enhance Users’ experience with Graphix Bandit and such affiliates, independent contractors and business partners. At no time will Graphix Bandit’s database of users ever be sold to any entity for the purpose of marketing or mailing lists. Personal information will not be sold or otherwise transferred to our business partners without your prior consent, except that we will disclose the information we collect to third parties when, in our good faith judgement, we are obligated to do so under applicable laws.