Terms and Conditions

4. Availability of services

1. Webway cannot guarantee provision of requested services upon receipt of the application.
2. Webway will not be held liable for any downtime of services resulting from matters outside of its control. We provide a best effort service managed by highly competent technical staff.
3. Webway will not be held liable for downtime enountered as a result of misconfiguration of services (by the client), and/or deletion or corruption of files necessary for correct functioning of these services (by the client).
4. Webway reserves the right to terminate a particular service offering for any reason determinated unacceptable by Webway.

5. Payment for services

1. Webway will not accept any liability or responsibility for delays, suspensions or impact to services due to use of non-approved payment methods by clients.
2. Webway will not accept any liability or responsibility for any downtime encountered as a result of service suspension/termination due to unpaid accounts.
3. Webway reserves the right to suspend services for which there are outstanding fees past the payment due date for these services.
4. Accepted payment methods include PayFast or Stripe. PayFast payment methods include credit/debit cards, instant EFT, QR code scanning through your banking app, Capitec Pay, Zapper, Snapscan, SCode, and many more. We DO NOT accept EFT/Bank transfer payments.
5. All credit card payments made through Stripe result in your card details being stored securely on Stripe. Future invoices for services using the Stripe credit card gateway are paid automatically with the stored credit card details. Card details can be removed upon request.

7. Term and termination

1. Webway operates month-to-month contracts. Either the client or Webway may terminate the agreement, of a particular Service at any point in time.
2. The client is able to terminate services through the Webway client area. Should the client not want to terminate services via the client area, written notice of service cancellation is required to be sent to support@webway.host. The client is responsible for ensuring that such cancellation of service is actioned with due attention to terms of cancellation, as well as cancellation conditions which require the client to specifically indicate a required process. Should the client incorrectly complete the cancellation process, Webway will not be liable for any additional costs or compensation due to the error.

8. Client information and privacy

1. Clients signing up for services as a primary contact are considered as "the client" and no other parties will be permitted access or authority to the client account, even if they are a 3rd party recipient or affiliate of the "client".
2. Webway will observe all privacy of information best practices, in accordance with the applicable laws of .

9. Security

1. Webway has implemented software, hardware, and physical security measures in line with good industry practice to ensure the protection of your data. Webway does not warrant that breaches in security will not take place.
2. Clients should take care to ensure that no malicious software is executed on the Webway platform.
3. Webway takes necessary measures to ensure that disaster recover procedures are followed completely in the unlikely event of a disaster (software or hardware). Webway provides no guarantee that this recovery will be successful or completed withing any given time period.
4. The client consents to give Webway full permission to their account for investigation in the unlikely event of system compromise relating to that account.
5. The client is responsible for maintaining the confidentiality of access keys, secret keys, and credentials.
6. The client is responsible for all activities performed using their account, whether authorized or not.
7. The client is responsible for ensuring applications and configurations are secure and correctly implemented.
8. Webway is not responsible for data loss or unauthorized access resulting from compromised credentials.

10. Domain registration

1. Webway registers domains on the Internet through the relevant governing bodies and hosts websites and related material on the Webway server(s) on behalf of clients. These terms and conditions apply to the use and registration of domain names and the web hosting services offered by Webway.
2. 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. Webway may post links to these terms and conditions on the Webway Website purely as a convenience to the client.
3. Webway will strive to ensure that registration and subsequent DNS propagation is effected in the shortest period of time. However, Webway 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.
4. Should a domain name be registered with the incorrect spelling and you wish to have the spelling changed, a new domain name will need to be registered and there will be no refund for the incorrectly spelt domain name.
5. Should an unwanted domain be auto-renewed, there will be no refund for this renewal. It is the client's responsibility to ensure that auto-renew is turned off for unwanted domains.
6. Should a domain be determined to be a premium domain upon registration, we will get in touch with the client to communicate the price of the premium domain. Unfortunately there is no way to determine the price of the domain prior to the domain being registered, transferred or renewed.

11. Domain transfer

1. Webway will transfer existing (registered) domains from existing hosting providers to Webway's 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 indemnifies Webway from any disputes regarding ownership of the domain and any claims as a result thereof.

12. Cancellation

1. Cancellation, by the client or Webway, will result in any data being permanently removed from Webway'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. Webway will not be liable for loss of data, or be obliged to provide any such data once the hosting contract term has expired. Any backups made by Webway will be made for legal purposes and not for data retention purposes and will not necessarily be made available to clients on request. There are no pro-rata refunds for monthly services cancelled at any point in the month.
2. Annual/Biennial service cancellations: Any annually / biennially paid service that is cancelled is entitled to a refund which is calculated based on the following conditions:
   • You will be charged the standard monthly rate (without any annual discount) for each month the service was used.
   • An additional charge equivalent to one month of the service at the standard monthly rate will be applied as a penalty.
   • Any payment processing fees incurred during the original transaction will also be deducted from the total refund amount.
   
   The amount to be refunded will be calculated as follows:
   
   Refund Amount = Total Annual Payment - ((Months Used + 1 Penalty Month) × Standard Monthly Rate) - Payment Gateway Fees
   
   Example calculation:
   
   
   • Annual service fee: R990 (for 12 months)
   • Monthly rate: R99
   • Service used for: 4 months
   • Payment gateway fee: R5
   
   Refund = R990 - ((4 + 1) × R99) - R5 = R990 - R495 - R5 = R490

13. Domain registrant contact details

1. The registrant, being the legitimate beneficiary of the domain name service, is accurately identified on the domain name record (full legal name); and
2. The registrant's designated email address is accurately identified on the domain name record where prescribed.

14. Hosting services

1. Webway reserves the right to refuse to host certain client's websites and Webway reserves the right to refuse to register certain client's domains
2. Webway reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion.
3. Webway reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary.
4. Webway reserves the right (but does not assume any obligation) to inspect the contents of data that the client transmits, receives or stores on a Webway Server to ensure compliance with this agreement, or any applicable laws regulations or codes of practice.
5. The client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the client's facilities are targeted by a DOS attack that affects other network users, the client's service will be suspended.
6. Webway is not required to troubleshoot any issues relating to software installations (Wordpress, Zencart, Opencart, etc.) on your account. The only time this is a requirement is when Webway has developed a website for the client.
7. Support is not provided on our free hosting packages.
8. Each client is limited to 1 free hosting package per account. Should clients be found to be creating multiple accounts with free hosting packages, Webway reserves the right to terminate all accounts relating to this client.

15. Backups

1. Clients are solely responsible for backing up their data and Webway strongly encourages ALL hosting clients to do so as frequently and completely as possible. Webway will not be liable for any data loss or any other losses or damages related to backups or data recovery without exception.
2. Webway also cannot guarantee the condition or fitness of any backups provided. Such backups are provided "as is" and are used at the client's own risk and discretion - whether restored by Webway by instruction from clients or by clients themselves.
3. Webway 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.

16. Email and SPAM

1. Webway provides a spam and virus filtering system to protect clients from unsolicited mail and viruses. The client acknowledges that this system might incorrectly identify a valid message as spam or as a virus and consequently this message might not be delivered to the client. The client acknowledges and agrees that Webway shall without limitation have no responsibility for, or liability in respect of any data lost as a result of this system.
2. Webway reserves the right to examine incoming or outgoing mail to the extent necessary to determine if it is classified as spam or malicious.
3. Webway is not responsible for configuring emails on any email clients whatsover. Webway provides the platform which allows the accessibility of incoming and outgoing mails. Any configuration of email clients is to be management by the client's IT administrator.

17. Retention of rights

1. Webway makes no claim to the intellectual property (such as data) of clients hosted on their servers. However, all equipment remains the property of Webway and retention of data does not directly or indirectly give ownership of Webway hardware to clients.

18. Software updates

1. Webway is responsible for ensuring that operating system software pertaining to its servers is up to date.
2. Webway is NOT responsibile for ensuring that software installed on your account (Wordpress, ZenCart, Opencart etc.) is up to date. This is the responsibility of the client.

19. Affiliates

1. Webway reserves the right to accept or reject any affiliate account applications.
2. Webway reserves the right to terminate any affiliate account involved in practices determinated unacceptable by Webway.
3. Webway reserves the right to ammend affiliate commissions after a 30 day notice period.

20. Reseller terms

1. You agree to act as a positive ambassador for the Webway brand at all times.
2. You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact Webway at any time. Webway will not offer support or service to your customers.
3. Where you advertise a service that includes Webway Services you must at all times deliver the service that has been described to a standard acceptable to Webway.
4. You are not permitted to use any Webway property including logos, icons, designs and text without our written authorisation.
5. You may not distribute any aspect of the Webway service free of charge. If you bundle the Services with another service, this service must not be distributed free of charge.
6. You are responsible for ensuring that your customers use the Services in accordance with applicable Terms of Use by your customers within these Reseller Terms. We will hold you liable for any breach of the Terms of Use by your customers.
7. Webway has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Reseller Terms.
8. Webway reserves its rights to amend the fees due to it from Reseller. Where Webway has agreed a fee structure with the Reseller for a fixed period, then any fee increases will not take effect until the end of that fixed period. Webway will provide all Resellers with at least one month's notice of any changes in the fees due to it by Resellers, by posting such a notice together with the date that the new fee structure will take effect on our Website.
9. If you fail to pay fees due to Webway or fail to comply with these Reseller Terms (including but not limited to the obligation to provide an appropriate level of support to your customers) then Webway reserves the right to suspend or terminate Services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative Services.
10. You may not bid on Webway brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as "Webway", "webway", "webway.host" or any other variation or misspelling of "Webway" including bidding on "Webway" with other keywords.
11. You may not claim to be Webway or to represent Webway on your website or in any form of media or social media. You must make it clear if you are going to mention Webway that you are a reseller of Webway and are not part of the Webway organisation. You may also not use the name Webway in your domain for any website you own or control or use the name Webway or any variation as your name in any social media that you use.

21. Acceptable use

You agree not to misuse the Services. For example, you must not, and must not attempt to, use the Services to do the following things.

1. Store, transmit, or distribute content that is illegal, unlawful, or violates applicable local or international laws.
2. Store, transmit, or distribute content that infringes on intellectual property rights.
3. Store, transmit, or distribute content that contains malware, ransomware, or malicious code.
4. Store, transmit, or distribute content that is used for phishing, fraud, or abuse.
5. Store, transmit, or distribute content that violates the acceptable use policies of upstream providers.
6. Webway has implemented software, hardware, and physical security measures in line with good industry practice to ensure the protection of your data. Webway does not warrant that breaches in security will not take place.
7. Clients should take care to ensure that no malicious software is executed on the Webway platform.
8. Webway takes necessary measures to ensure that disaster recover procedures are followed completely in the unlikely event of a disaster (software or hardware). Webway provides no guarantee that this recovery will be successful or completed withing any given time period.
9. The client consents to give Webway full permission to their account for investigation in the unlikely event of system compromise relating to that account.

22. Complaints and appeal procedure

1. Should you not be happy with the level of service provided to you, please send an email with details to support@webway.host or click here in order to submit a support ticket.

23. Domain expiry

1. For the .uk namespace the domain expiry procedure is as follows: After a domain (.uk namespace) has expired, the registrant has 90 days to renew the domain at no charge. The first 30 days are known as the expiry grace period. The following 60 days are known as the redemption grace period. The following 5 days are known as the pending delete grace period, at which point the domain can now longer be renewed. Thereafter the domain can be registered as a new domain. We DO NOT charge any redemption fees etc. for expired domains - only the normal domain renewal rate.
2. We will send a renewal reminder 30 days, 14 days, 7 days and 1 day prior to expiration

24. Limitation of liability and indemnity

1. Webway 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 Webway WILL MOREOVER NOT BE LIABLE WHETHER THE LOSS WAS THE RESULT OF THE ACT OR OMISSION OF A Webway EMPLOYEE, VICARIOUS OR STRICT LIABILITY.
2. In the event that Webway is nonetheless held liable, the quantum of Webway liability will not exceed the monthly or pro-rata fees due for the Service that occasioned the loss, in the preceding three (3) months, regardless of whether the claim arises out of negligence on the part of Webway or any other cause.
3. USE OF THE SERVICES INDICATES THAT THE CLIENT INDEMNIFIES AND HOLDS HARMLESS Webway IN RESPECT OF ANY DAMAGES, LOSS OR COSTS OR CLAIMS INSTITUTED AGAINST Webway 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 Webway and Webway's affiliates, directors, officers, employees, contractors, agents and other representatives, as well as any third parties whose networks are connected to the Webway platform.
5. Nothing contained in this clause will limit the client's liability in respect of charges incurred for ongoing services.
6. If the consumer protection act 68 of 2008 is applicable to this agreement, and any provision of this clause is found by a court or tribunal with jurisdiction over Webway 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 will have full force and effect.
7. In the case of ambiguity, this clause will take precedence over any expression of the parties' intention, whether express or implied, that may be contained elsewhere in this agreement.
8. Webway 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 obliged 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.
9. Webway reserves the right to disclose pertinent information to registrars for public disclosure as per the terms and conditions of the registrar. Webway will not be held liable for any claims of infringement of privacy by fulfilling such registration conditions.
10. The client indemnifies Webway 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, tradename, company name, close corporation name, copyright nor any other intellectual property right, and that client has the right to use the Domain Name as requested.
11. Webway cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, clients acknowledge that Webway may be presented with evidence that a Domain Name registered by a client violates the rights of a third party. In such instance Webway shall be allowed to provide a complainant with the client's name and address and all further communication will exclude Webway and Webway will have no further obligations to the client. In such instance the client shall be entitled to continue using the Domain Name registered for the client by Webway until a court or other body with jurisdiction directs otherwise.
12. Webway will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the client's selected domain names/s OR ANY ACTION TAKEN BY Webway IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
13. The client hereby indemnifies and holds harmless Webway against any loss whatsoever arising from any dispute or claim or other action occasioned by the client's use and registration of its selected Domain Name, even if Webway has been advised of the possibility of such damages.
14. Webway will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
15. Neither Webway, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Webway's hosting service will not be interrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of the hosting service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Webway hosting service, unless otherwise expressly stated in this Agreement.
16. Webway expressly limits its liability to the client for damages suffered due to any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. Webway specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
17. Webway is not responsible if an external company network and firewall is setup to block access to services Webway provides. If a client's network is setup to block certain ports or web addresses that compromise the services Webway provides it is the client's responsibility to ensure that their network configurations are changed as necessary.
18. Clients also hereby indemnify Webway against any 3rd party claims against themselves as resellers or services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in no way, petition Webway to share or cover such losses or liability, either directly or indirectly. Webway is also indemnified from direct claims from clients for losses incurred due to 3rd party actions or claims.