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Terms + conditions.

01. How the agreement works.
  1. The Goods and Services that Afrihost will provide to the Client will be described in Service Orders that the Client places which form part of the Agreement.
  2. THESE GENERAL TERMS (THIS DOCUMENT) APPLY TO ALL SERVICES.
  3. More details of particular Goods or Services may be contained in Service Terms (AirMobile, Air Mobile Legacy, Domain & Hosting, DSL Data, DSL Lines, Fibre, Wireless and Other).
  4. Many terms have defined meanings, which can be found in the Glossary. Defined terms are usually capitalised.
  5. The Client further agrees to comply with the Acceptable Use Policy found here and Sanctions Policy found here when using the Services.
  6. The Privacy Policy describes Afrihost’s processing of the Client’s Personal Information and can be found here.
  7. The Client agrees that each Service Order (read with the other documents mentioned above) will be a separate contract between the Client and Afrihost (unless amended or renewed by another Service Order). The terms of one Application or Service Order will not apply to another, unless a Service Order amends or renews an existing Service Order or adds Goods or Services to an existing contract.
  8. The Client agrees that the Service Order(s), Service Terms, and this document together form the Agreement between Afrihost and the Client. If the parties enter into a Service Level Agreement or agree to an annexure to any of these documents, these will also form part of the Agreement.
  9. If there is any conflict between any of these documents, they will be interpreted in descending order of precedence as follows: General Terms, Service Terms, Service Order, privacy policy, Acceptable Use Policy, Sanctions Policy, and any Service Level Agreement (if applicable), unless otherwise expressly stated in writing.
02. Applications and initiation.
  1. An Application for Afrihost to provide a Service or Good must be submitted via the Client Interface. Once an Application is accepted by Afrihost, it becomes a Service Order.
  2. Afrihost reserves the right to refuse to commence provision of Services based on the Client’s prior conduct.
  3. The Client consents to Afrihost carrying out a credit check on the Client at any applicable credit bureau, and may make the provision of the Goods or Services dependent on its satisfaction with the results. Afrihost may provide information on the Client’s payment record to a credit bureau.
  4. If the Client is a juristic person, Afrihost may require one or more of its officers to stand surety for the Client’s obligations under this Agreement. Even if the Agreement has commenced, Afrihost may withhold providing the Services (or suspend them if commenced) until the surety agreement has been signed.
  5. If the Client has not complied with a requirement of this clause or clause 3 (Identity Verification Requirements - RICA), Afrihost may delay providing the Goods or Services until the Client has complied. If the Client does not comply within a reasonable period, Afrihost may terminate this Agreement by notifying the Client and Afrihost will not be liable for any damage that the Client may suffer as a result.
  6. Commencement of the Services is subject to a seven-day cooling-off period from the date the Application is accepted during which the Client may cancel this Agreement without reason and receive a full refund. This cooling-off period will be interrupted if the applicable Service is made available to the Client before the end of the period. Where Devices are supplied to the Client, the cooling-off period commences on the date of receipt of the Device by the Client.
03. Identity Verification Requirements (RICA).
  1. Afrihost (and any of its agents) perform RICA checks on natural persons (individuals) and juristic persons (companies) represented by a duly authorised natural person, and as a result the RICA verification will always be between Afrihost and a natural person. The Client will be directly responsible for its use of the Service and all obligations under this Agreement.
  2. Depending upon the Service provided, Afrihost may be obliged under RICA (the Regulation of Interception of Communication Act 70 of 2002, as amended) to obtain certain information and documents from the Client, and Afrihost may withhold or suspend providing Services until the Client has provided the necessary information and/or documents to Afrihost. This clause applies if RICA is applicable to the Service to be provided to the Client.
  3. The Client agrees to be bound by the provisions of RICA. Further, the use of the Services is subject to ID verification, proof of address, and provision of a selfie with ID document in hand, and the Services will not be provided before such a process has been completed to Afrihost’s satisfaction. See the RICA Information page on how the RICA process works and what documents are acceptable. (Please visit here for more information).
  4. Should the Client cancel all current valid Data Services, ID verification will be required should the Client wish to sign up for new Services. ID verification will not be requested as long as verified Data Services remain active.
  5. If a Client sells an activated SIM to any other person who is not a family member, or makes it available in any other way, then the Client must immediately notify Afrihost so that the RICA process can be carried out for that other person.
  6. RICA can be performed using one these methods:
    1. online via the Client Interface,
    2. upon receipt of a SIM at Afrihost’s Walk-In Centre,
    3. by Afrihost’s delivery agent, or
    4. through an authorised RICA agent (for non-AirMobile SIMs where applicable).
04. Availability of services.
  1. Afrihost cannot guarantee that it will be able to provide a requested Service when it receives an Application.
  2. Provision of the Service is subject to Afrihost confirming that it is technically feasible to do so. This may depend on several factors including network coverage.
  3. Applicants will be formally notified after receipt of an Application whether or not the Service can be provided.
  4. The Client understands that the Services are provided on a best effort basis. Afrihost will not be held liable for any consequence as a result of the failure of a Service to fulfil the Client’s expectations.
05. Choice of services.
  1. Afrihost offers online application and signup for all Services only via the Client Interface. The Client agrees to be solely responsible for ensuring that their choice of Service conforms to their requirements or desired outcome. Afrihost will not be liable for compensation, costs or damages resulting from incorrect selection of Services, or resultant delays in rectifying such errors.
  2. Afrihost provides Services on the basis of information provided by the Client, and Afrihost offers no warranty as to the suitability of the Services beyond the requirements as expressed by the Client.
  3. Afrihost reserves the right to stop offering particular Services if it deems it necessary. Afrihost will then either provide the Service for the remainder of the time that has been paid for or refund the amount paid for that specific Service for that period.
06. Terms subject to change.
  1. Afrihost may amend the General Terms, Service Terms and/or any Client policies at any time. The amended versions will be posted on the Client Interface, and Afrihost will make reasonable efforts to advise the Client of them by email and via the Client Interface. The Client also has a duty to keep itself informed of the latest version of the above documents by accessing the Client Interface on a regular basis.
  2. If the Client objects to any of the amendments, it may terminate the Agreement, and the termination will only become effective at the end of the usual notice period described in the termination clause (clause 20).
07. Client’s commitments.
  1. The Client confirms that all statements made to Afrihost are true and correct. Afrihost reserves the right to request proof of any facts or claims. The Client also commits to providing Afrihost with necessary information required for the provision of the selected Services, and (where applicable) consent to the use or sharing of this information with 3rd parties to comply with regulatory conditions (such as domain registration listings) within the bounds of applicable privacy legislation.
  2. The Client (or the Client's agent) warrants that the Client is above the age of 18 (eighteen) years, has full contractual capacity and, in the case of an agent, is duly authorised by the Client to contract on the Client’s behalf.
  3. Afrihost’s systems, including the Client Interface, are designed to facilitate reasonable use of the Afrihost Services. Afrihost reserves the right to suspend or terminate Clients and/or Users who are improperly using features of the systems to avoid billing, shaping, suspension or any other system controls, or exploit bugs or limitations in the system design to effect avoidance of system controls or commit crimes. Afrihost reserves the right to deem an activity as "unreasonable exploitation of the system” and will take appropriate action based on the circumstances and severity of the incident(s).
  4. The client bears the onus of timeously informing Afrihost should a service not be working as intended. Should the client fail to do so, Afrihost will not be liable for any damages suffered by the Client, if any.
  5. If the Client or its staff engages in behaviour that is a contravention of the Acceptable Use Policy or may be considered offensive to Afrihost or its staff, Afrihost reserves the right to suspend or terminate the Client’s Services, irrespective of the form and medium of this abuse.
  6. Afrihost reserves the right to remove any content hosted by a Client which it considers illegal or contrary to the AUP or for which it has received a takedown notice.
  7. The Client may not resell or make available any Service provided to it by Afrihost to any third party for a fee.
08. Fees and payment.
  1. The Fees for each Service will be as described in the Client’s Service Order at initiation of the Service, as adjusted from time to time.
  2. Unless otherwise agreed:
    1. Billing will commence on the date that Service provision commences. Partial months will be charged pro rata.
    2. Services are billed in advance and all invoices must be paid by the Client in advance.
    3. Any Services invoiced in arrears are payable on presentation of invoice.
    4. All Fees and other amounts payable are quoted exclusive of VAT.
  3. Afrihost may change its prices applicable to a Client’s chosen Service at any time on reasonable notice, which will not be less than 1 (one) Calendar Month. Afrihost will make reasonable efforts to advise the Client of changes by email and via the Client Interface. If the Client objects, it may terminate the Agreement as is described in the termination clause below (clause 20).
  4. Afrihost only accepts debit order and Visa/Mastercard payments for Month-to-month Services, and will only accept alternative payment under specific circumstances and only by prior arrangement and agreement at Afrihost's discretion.
  5. The Client’s monthly debit orders of the Fee will be submitted monthly in advance on or about the 1st (first) Business Day of the month. This will apply to both debit order payments and Visa/Mastercard payments.
  6. Afrihost will not accept any liability or responsibility for delays, suspensions or impact to Services due to use of non-approved payment methods by Clients.
  7. If the Client’s debit order is rejected for any reason, Afrihost reserves the right to resubmit the debit order at any time. The Client agrees to be liable for any charges levied by the Client’s banking provider.
  8. Interest will be charged on any amount that remains unpaid by the Client beyond the due date of payment:
    1. The interest rate will be 2% (two percent) above the prime overdraft rate (percent, per annum), up to a maximum of 2% per month.
    2. The prime overdraft rate will be as charged by Afrihost’s bankers at the time, which will be evidenced by a certificate issued by any manager of that bank, whose authority it shall not be necessary to prove.
    3. The interest will be calculated from the due date of payment to the date of actual payment, both days inclusive, and will be compounded monthly in arrears. The Client agrees and undertakes to pay the interest.
  9. Non-payment of any Fee by its due date, whether as a result of unpaid debit orders, declined cards or any other cause may result in suspension of Services as described in clause 19.1 (which may not be limited to the particular Service in question). Afrihost retains the right to suspend any Services for non-payment, and to withhold such Services until all arrears are settled in full on any and all Services.
  10. Services which have been suspended for non-payment of Fees will remain suspended until payment has been made and the Service is reconnected as described below. The Client will not be credited for Data or Services that would otherwise have been available to the Client during the period of suspension.
  11. With the exception of Fibre and Wireless Services, if the Client remains in default of a monthly Fee for two consecutive Calendar Months, Afrihost may terminate the Agreement on notice as described in clause 20.3. The Client will remain liable for all Fees and charges for any period of suspension.
  12. Should the Client settle the unpaid Fee they will be reconnected as described in clause 9 below.
  13. Afrihost may charge an admin Fee of R50.00 (fifty Rand) for each failed or returned payment, regardless of method of payment or the reason for non-payment. Such admin Fees are payable immediately and in conjunction with the outstanding Fees which resulted in non-payment. Admin Fees will be calculated on a sliding scale based on the number of incidents of non-payment on the Client's payment record, and will be listed in the Client Interface and may be changed from time to time. Non-payment of admin Fees will be considered non-payment and will be subject to the same terms. Once levied, admin Fees are not recoverable or reversible, regardless of whether payment is made within the prescribed period.
  14. Both admin and reconnection Fees are based on, but not limited to, a reasonable estimation of accumulated administrative costs (such as labour), bank penalties, and resubmission charges levied by payment carriers.
  15. In the case of billing disputes, the onus is on the Client to raise such disputes in good time through the complaints procedure set out in clause 24 these General Terms to prevent interruption of Services while the billing is in dispute. Reparations will be made to Clients with successful disputes by means of an account credit or refund, at Afrihost’s discretion.
  16. Afrihost reserves the right to terminate Services where a Client has shown a repeated disregard for payment terms and consistently fails to make regular scheduled payments on time and using approved payment methods.
09. Reconnection.
  1. If the Client’s Services are suspended or terminated for any reason, including non-payment, Afrihost may charge a R50.00 (fifty Rand) reconnection Fee for each subsequent reactivation of Services as described in the Client Interface. Reconnection Fees are payable in full before any Services can be reactivated. Afrihost may charge multiple reconnection Fees where multiple Services are affected, and may charge "escalating" penalties for repeated non-payment offences. Any prior leniency shown in this regard will not prejudice Afrihost's right to enforce such penalties in full at any time (within Afrihost’s discretion). Reconnection Fees may be changed from time to time. Reconnection Fees are calculated to be a reasonable estimate of Afrihost’s costs in carrying out a reconnection.
  2. Reconnection of Services may be subject to a waiting period of up to 72 (seventy-two) hours, at Afrihost’s discretion, regardless of when payment is received or cleared.
  3. In cases of suspension of Services due to non-payment, Afrihost reserves the right to levy both reconnection Fees and admin Fees where applicable. Any and all penalty Fees must be settled in full, prior to reconnection of affected Services.
10. Notifications.
  1. Afrihost offers a notification facility for all Capped Data Services. This facility is available in Client Interface.
  2. Clients will be opted-in to notifications by default, in line with relevant legislation.
  3. Clients may opt-out or customise notifications in the Client Interface, and thereafter there will be no obligation or liability on the part of Afrihost should a Client not receive such information due to the settings they have chosen.
  4. Afrihost will make every effort to deliver notifications as quickly and accurately as possible. However, Afrihost cannot be held liable for delivery delays or failures that may occur due to external forces outside of their control, such as mobile networks or email providers. Where Afrihost has made a reasonable effort to effect delivery, they will be deemed to have fulfilled their obligation.
  5. The onus is on Clients to check their notification settings and amend as required in the Client Interface.
  6. In the case of certain Services such as fixed wireless, notifications are only offered insofar as it is supported by the upstream operator (such as Telkom or MTN). Should a network operator not provide consistent or regular notifications, Afrihost will not be bound to provide such notification options until such time as the operator becomes compliant, and Afrihost will not be held liable for such failure to comply with relevant legislation.
11. Device warranty and refunds.
  1. Afrihost has a 7-day Device return policy. Devices can be returned for any reason for 7 (seven) days after delivery to the Client. Returned units must be in the same condition as shipped (including all shipped packaging, parts and accessories) to be eligible for a refund or exchange. Returns that are incomplete or not in shipped condition will not be replaced with new units and may be only partially replaced with refurbished or repurposed items.
  2. The first return will be arranged and paid by Afrihost (including collection and delivery of unit or replacement). The Client agrees that additional exchanges or returns will be for the Client’s cost, and Afrihost will not be liable to reimburse any costs. This will in no way impact the continued warranty provisions, and only relates to courier charges and logistics.
  3. All manufacturer's warranties, for the repair or replacement of faulty units will be available to the Client. The warranty is limited to items covered by the manufacturer only. The warranty does not cover lightning damage, or any damage deemed to have been caused by the Client's misuse or mistreatment of the Device (including damage due to improper return shipping of the Device for exchange).
  4. In the case of mobile Devices, Clients using incorrectly sized SIM cards, and any physical damage as a result, is deemed to be improper use or abuse of the unit. This effectively voids the manufacturer’s warranty (and protection plan if applicable) and therefore will not be exchanged or returned. This further extends to the use of unapproved accessories or modifications which effectively void the warranty on the unit. In such circumstances, Afrihost will not be liable to repair or replace any such Devices and no further correspondence will be entertained once the Device is deemed to be out of warranty.
  5. Repair or replacement of Devices out of warranty will not be facilitated by Afrihost, unless the Client is purchasing a new replacement Device. This will also apply to the use of accessories (such as external antennae) or modifications which are not supported by the manufacturer and which effectively void the warranty.
  6. Afrihost reserves the right to replace a router with a refurbished unit, which will be provided under existing warranty conditions.
  7. Failure to abide by Afrihost's Terms and/or policies can result in deductions to the claimed refund or rejection of claims for refund or exchange.
  8. Afrihost will not be liable for any damage to a Client’s router or any other electronic Devices resulting from the incorrect use of PoE (Power over Ethernet) with any UPS that Afrihost stocks. Any damage resulting from the incorrect use of PoE will void the manufacturer’s warranty on the Client’s Afrihost router.
12. Debit Order Authorisation.
  1. By accepting these terms, the Client hereby authorises Afrihost to debit their nominated bank account or Visa/Mastercard any variable Fee pertaining to the Service they have selected, on sign up for a calculated pro-rata Fee and thereafter at the beginning of each month (or on signup entirely for purchase of non-Service Goods). This sum being the amount for settlement of the monthly Fees due by the Client in respect of Services.
  2. The Client authorises Afrihost's nominated agent to debit their bank account or Visa/Mastercard on Afrihost's behalf (the “authorised party”). The Client agrees that the authority to debit a Client’s bank account will remain in force until the Client’s Services are cancelled, and the Client agrees that it will honour any debits related to cancellation notice periods before the expiration of the debit authority.
  3. The Client agrees that the authorised party may freely cede, delegate or assign any of its rights or obligations in terms of this debit order instruction without consent from the Client and that the Client may not cede, delegate or assign any of their rights and obligations in terms of this debit order instruction to any third party without the prior written consent of the authorised party.
13. Service credit.
  1. If the Client wishes to make a claim for connectivity Service downtime, the Client must log a dispute with Afrihost, who will take the matter up with the relevant provider. Afrihost will have the sole discretion whether or not to accept the claim and provide an appropriate refund to the Client. The refund may take the form of a service credit. The Client agrees that no credit will be given for any claims for slow access, intermittent service and any other fault type, except “no service” faults.
  2. The Client acknowledges and accepts that calculation of time periods for the purpose of calculating any service credit will only commence upon the reporting of any fault to Afrihost Support.
14. Referral programme.
  1. Afrihost may from to time offer referral programmes that will allow Clients to refer other possible Clients. Clients that try to refer themselves via other accounts, whether set up using spoofing methods or simply as duplicate referrals will not receive any discounts.
  2. Should a referred client decide to cancel its Services within 3 (three) months after signup, Afrihost reserves the right to reverse both the referrer’s and the referee’s credits.
15. IP provisioning.
  1. Afrihost may provision IP addresses for use with certain connectivity Services.
  2. The Client acknowledges and agree that it will not receive any proprietary or ownership rights in such designation, and that Afrihost may change these IP addresses at any time.
  3. Whether IPv6, public or private IPv4, any IP addresses provisioned by Afrihost for use with the Client’s connectivity Services is done at Afrihost’s sole discretion.
16. Client information and privacy.
  1. Clients signing up for Services are required to provide primary contact details which will be used to access and manage the Client account. Generally, natural person Clients will use their own details as the primary contact whereas juristic persons like companies will nominate a duly authorised representative as the primary contact. No other parties will be permitted access to or authority over the Client account via the Client Interface, even if they are a 3rd party recipient or affiliate of the “Client”.
  2. If the primary contact dies, Afrihost may amend the identity of the primary contact in the case of a Client who is a juristic person, or transfer the Client account to another person in the case of an individual Client. Afrihost will only do this if it receives a written request from a next of kin or executor (in the case of an individual/natural person), or from a partner, director or trustee (in the case of a juristic person such as a partnership, company or trust). Before it makes any change, Afrihost will first request appropriate documentation that Afrihost in its sole discretion considers sufficient to establish that the primary contact is indeed deceased, and that Afrihost can lawfully amend its records or transfer the client account as requested. Afrihost will not be liable for damages suffered by any person due to Afrihost’s decision to do this or not.
  3. Afrihost processes Personal Information as described in its Privacy Policy, which can be accessed here.
  4. Afrihost may, in its sole discretion, retain backups of Client Data as a matter of course for up to 1 (one) year after termination. However, Afrihost gives no warranty in respect of the effectiveness of such backups (if any). Note that the Privacy Policy may contain further information on how those backups are handled.
  5. Calls to Afrihost Support are recorded for training and quality purposes. Recordings will be saved for a maximum of 3 (three) months from the date of recording.
17. Security.
  1. Afrihost will implement measures in line with Good Industry Practice to ensure the security of the Afrihost System and the physical security of Afrihost’s premises, but gives no guarantee that breaches of security will not take place.
  2. If the Client discovers a security violation, or thinks that a security violation is imminent, it must immediately notify Afrihost in an appropriate way that does not further compromise security concerns.
  3. If the Client suffers damage as a result of loss or corruption of Client Data through a security violation, it will be liable for the damage if the violation was the Client’s fault.
  4. The Client must not do anything that may prejudice the security of the Afrihost System, and must take all reasonable measures necessary to ensure that:
    1. no unlawful access is gained to Afrihost’s premises, the Afrihost System, or the Client’s own system;
    2. no Malicious Code is introduced into the Afrihost System; and
    3. the Client Data is safeguarded.
  5. If a security violation occurs, or Afrihost is of the view that a security violation is imminent, Afrihost may take whatever steps it considers necessary to maintain the proper functioning of the Afrihost System including without limitation:
    1. changing the Client’s access codes and passwords (or those of any User of the Afrihost System), and
    2. preventing access to the Afrihost System.
  6. Afrihost takes reasonable measures to provide disaster recovery but does not warrant that recovery will be successful or that it will be completed within any time limit.
  7. The Client must give its full cooperation to Afrihost in any investigation that may be carried out by Afrihost regarding a security violation.
  8. If the Client is providing any Service to third parties that makes use of the Afrihost System, the Client agrees that it must contractually bind those third parties to equivalent terms regarding security as are set out in this clause 17.
  9. Afrihost may on prior written notice to the Client inspect the Client’s installation and Client Equipment located on Afrihost’s premises to ensure compliance with the building regulations and restrictions agreed between the parties.
  10. By signing up and submitting Personal Information to Afrihost, the Client expressly agrees to Afrihost implementing mandatory validation and verification methods such as Two Factor Authentication and/or Multi-Factor Authentication, using Personal Information submitted, or such information as required by Afrihost from time to time. The method of verification used will be implemented at the discretion of Afrihost. The Client hereby grants authority to Afrihost to use Personal Information for this purpose, including sending OTP information via SMS to their mobile phones.
18. Dispute resolution.
  1. Complaints must be directed to Afrihost via the Client Interface. Afrihost will do its utmost to resolve all complaints with Clients through its complaints process. If Afrihost is unsuccessful in resolving complaints and the Client decides to escalate the complaint, then all such disputes will be dealt with as described in this clause.
  2. Any dispute which cannot be resolved by the parties will be resolved by arbitration in the English language by a single arbitrator appointed by the Arbitration Foundation of South Africa and in accordance with the Rules of the Arbitration Foundation of South Africa.
  3. Either Party will have the right to seek relief by way of interim relief from any court of competent jurisdiction.
  4. Pending final settlement or determination of a dispute, the Parties will continue to perform their existing obligations in terms of the Agreement.
  5. Client consents to the jurisdiction of the Magistrate’s Court in respect of any action initiated for the recovery of overdue payments, notwithstanding that the amount of the claim exceeds such jurisdiction, the decision on which court to proceed being in the sole discretion of Afrihost.
  6. Nothing in this clause must be interpreted so as to restrict the Client’s right to approach the tribunal of its choice in terms of the CPA, if it is applicable; nor does this clause oust the jurisdiction the ISPA complaints process.
19. Suspension of service.
  1. Afrihost may, subject to this Agreement, Terms, Acceptable Use Policy, and sanctions policy suspend Services of a Client in its absolute discretion by providing email notice if:
    1. the Client commits a serious or repeated breach of the Agreement or the Client engages in any conduct which in Afrihost’s opinion would have a negative impact on Afrihost, other clients or Afrihost’s staff or is detrimental to the welfare, good order or character of Afrihost;
    2. Any part of the Client’s Fees are not paid in full when due;
    3. The information the Client supplied to Afrihost is found to be incorrect or false; or
    4. Afrihost reasonably thinks that the Client’s use of the Services may result in the commission of a crime or is otherwise unlawful.
  2. Afrihost reserves the right to effect such suspension without notice, depending on the severity of the breach, but will undertake to inform Clients where possible. Upon such suspension, such Clients:
    1. Will not be eligible for reimbursement / compensation, unless at Afrihost’s discretion;
    2. Will not be eligible for payment under the Double Money Back Guarantee or similar Promotion, if applicable;
    3. May be further barred from signing up for any Services with Afrihost in the future;
    4. May be reported to governing bodies, such as ISPA; and
    5. May be listed with applicable authorities and credit bureaus which the Client agrees to.
  3. The period of suspension will be that which is reasonable under the particular circumstances that gave rise to the suspension.
20. Term and termination.
  1. Afrihost operates Month-to-month contracts. Either the Client or Afrihost may terminate the Agreement, or a particular Service, by giving 1 (one) Calendar Month’s notice to the other. For example if notice is given on the 15th (fifteenth) of January, termination will take effect on the 1st (first) of March. Particular Service Terms may allow for different notice periods as applicable.
  2. The Client must give notice of termination to Afrihost via the Client Interface. Cancellation of any Service is the Client’s responsibility and all tools to effect such cancellation are provided in the Client Interface. The Client must ensure that the cancellation of Service is follows any terms or conditions relating to the cancellation, which will be described in the Client Interface. Should the Client incorrectly complete the cancellation process, the Client agrees that Afrihost will not be liable for any additional costs or compensation due to the Client’s error.
  3. Either party may terminate this Agreement and any Service provision where there is a breach of this Agreement by the other which has not been remedied within 7 (seven) days of receipt of written notice to do so.
  4. Afrihost reserves the right to terminate the agreement with a Client agreements based on a Client’s breach any part of this Agreement (which includes these General Terms, Service Terms, Acceptable Use Policy and Sanctions Policy) which is viewed as a breach of the whole Agreement.
  5. The Client acknowledges that Afrihost may terminate this Agreement by written notice, including email, and without liability to the Client in the event of the termination of its agreement with an upstream licensee or Service provider relevant to the provision of any connectivity Service.
  6. Afrihost reserves the right to deactivate or terminate selected free Services, such as Fax2Email, should they not be used within a prescribed period or at Afrihost's sole discretion. Such termination will take place automatically, as per Service specifications, and may occur without prior warning. Afrihost accepts no liability should such termination take place, and no warranty is made regarding the availability of said Services in the future. For example, should a Fax2Email be deleted if not used within 90 (ninety) days, Afrihost makes no warranty that the number can be made available again, and accepts no liability for any consequences resulting in the deletion of the Service. Afrihost reserves the right to terminate Services provided as free Services where a breach has occurred (such as non-payment) in relation to other Services, whether or not such breach by a Client has direct or indirect bearing on the free Service provision.
21. Transferability.
  1. Should Afrihost agree to the acquisition or transfer of any or all of its Services to another company, the rights and obligations under the relevant Services agreements will be transferred to the acquiring entity, and so will the Service provision itself. Clients affected will be notified of such changes and any potential impact to their Service Agreement within the minimum term (30 (thirty) days) of a Month-to-month agreement
22. Limitation of liability and indemnity.
  1. AFRIHOST WILL NOT BE LIABLE TO THE CLIENT OR ANY THIRD PARTY IN RESPECT OF ANY AND ALL DAMAGES, LOSS, CLAIMS OR COSTS, OF WHATEVER NATURE AND INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, SUFFERED BY THE CLIENT OR THIRD PARTY, HOWSOEVER ARISING, AND AFRIHOST WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF AN AFRIHOST EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
  2. In the event that Afrihost is nonetheless held liable, the quantum of Afrihost’s liability will not exceed the monthly or pro-rata Fees due for the Service that occasioned the loss, in the preceding 3 (three) months, regardless of whether the claim arises out of negligence on the part of Afrihost or any other cause.
  3. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS AFRIHOST IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST AFRIHOST ARISING FROM ANY APPLICATION OR SUBSCRIPTION TO OR USE OF ANY SERVICE OR BREACH OF THE TERMS AND CONDITIONS APPLICABLE TO IT.
  4. These limitations on liability and indemnities apply to the benefit of Afrihost and Afrihost's affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Afrihost System.
  5. The Client agrees that nothing contained in this clause 22 will limit the Client’s liability in respect of charges incurred for ongoing Services.
  6. If the CPA is applicable to this Agreement, and any provision of this clause 22 is found by a court or tribunal with jurisdiction over Afrihost to be unfair, unreasonable or unjust, then that provision (whether it be a word, phrase or sub-clause) will be severed, and the remainder of this clause 22 will have full force and effect.
  7. In the case of ambiguity, this clause 22 will take precedence over any expression of the parties’ intention, whether expressed or implied, that may be contained elsewhere in this Agreement.
23. Notices.
  1. All requests by the Client for the provisioning, modification or termination of Services, and for modification of contact and other Personal Information must be made via the Client Interface and Afrihost reserves the right to ignore any such request made in any other manner.
  2. The parties choose their addresses where they will accept Service of any notices/documents for all purposes (apart from as described in clause 16.1) arising from this Agreement (domicilium citandi et executandi):
    1. in the case of Afrihost, 376 Rivonia Boulevard, Edenburg, Sandton, 2128, South Africa, and
    2. in the case of the Client, the addresses set out in the most recent Service Order agreed between the parties.
  3. Either party may vary its contact details by notifying the other party in writing.
  4. Notices from the Client to Afrihost will generally be given using the Client Interface as described in the Agreement. In any other case, or where Afrihost gives notice to the Client, any notice given in terms of this Agreement must be in writing and any notice given by any party to another ("the addressee") which:
    1. is delivered by hand will be deemed to have been received by the addressee on the date of delivery; or
    2. is transmitted by email will be deemed to have been received upon confirmation of receipt (not automated receipt) thereof by the addressee.
  5. Despite the above:
    1. any notice that Afrihost sends by email to an email account hosted on the Afrihost System by the Client will be deemed to have been received by the Client on the date of transmission; and
    2. if a written notice or communication is actually received by one of the parties from the other, this will be adequate written notice or communication to that party.
24. Complaints procedure.
  1. Complaints relating to these General Terms and related Service Terms should be submitted in writing to complaints@afrihost.com.
  2. Billing queries or disputes relating to Services should be submitted in writing to accounts@afrihost.com.
  3. Clients must ensure that complaints, queries or disputes are well-detailed and unambiguously state the nature of the issue, and how it relates to Afrihost’s network and Services.
25. Interpretation and general.
  1. Whole agreement. This Agreement is the whole of the agreement between the parties, and no document or statement not mentioned above will form part of it. Only a written variation, waiver or cancellation agreed to by both parties will be of any effect.
  2. Number and gender. Unless clearly inconsistent with or otherwise indicated by the context (i) any reference to the singular includes the plural and vice versa; (ii) any reference to natural persons includes legal persons and vice versa; (iii) any reference to a gender includes the other genders.
  3. Applicable law and jurisdiction. The law of the Republic of South Africa will apply to this Agreement, its interpretation and any matter or litigation relating to or arising from it, and the parties consent to the jurisdiction of the courts of Republic of South Africa in this regard.
  4. Warranties. If the CPA applies to the Agreement, the provisions of the Agreement will not be interpreted in such a way as to exclude the Client's rights under sections 54 (Right to quality service), 55 (Right to safe, good quality Goods), or 56 (Implied warranty of quality) of the CPA. These sections apply only to the minimum possible extent. UNLESS THE CONTRARY IS STATED ELSEWHERE IN THE AGREEMENT, THE CLIENT WILL HAVE NO RIGHTS IN RESPECT OF QUALITY OF SERVICE, SAFE & GOOD QUALITY GOODS OR IMPLIED WARRANTY OF QUALITY BEYOND THOSE EXPLICITLY STATED IN THOSE SECTIONS.
  5. Survival. For the avoidance of doubt, any provision of this Agreement that anticipates any right or duty extending beyond the termination or expiry of this Agreement will survive the termination or expiry of this Agreement and continue in full force and effect.
  6. No indulgence. If one party chooses not to enforce any part of this Agreement, that does not mean that the party cannot enforce that part at a later time. If any part of the Agreement is found to be unenforceable, the rest will still be enforceable.
  7. Representatives. The signatories hereto acting in representative capacities warrant that they are authorised to act in such capacities, and accept personal liability under this Agreement should they prove not to be so authorised.
  8. Reading down. If a provision of this Agreement is reasonably capable of an interpretation which would make that provision valid and enforceable and an alternative interpretation that would make it void, illegal, invalid or otherwise unenforceable, then that provision shall be interpreted, so far as is possible, to be limited and read down to the extent necessary to make it valid and enforceable.
  9. Severance. In the event that any part of this Agreement is found to be partially or fully unenforceable because it does not comply with any law, or for any other reason, this will not affect the application or enforceability of the remainder of this Agreement.