Terms of Service

General terms and conditions

The use of services from Arctek Technologies (Pty) LTD constitutes agreement to these terms.
In this document: Arctek refers to Arctek Technologies (Pty) LTD, it’s members, employees, suppliers, associates, additional domain names used for business, subsidiaries, sister companies and other business operations.

1) Support

We will endeavor to provide a continuous high quality service. If you experience problems with your service, you should consult our support team on info@arctek.co.za

We may require suspension of some of our services for short scheduled periods to carry out maintenance or repair to our services. Information concerning scheduled downtime and unplanned downtime is available on our website (https://arctek.co.za)

2) Service abuse and spam policy

We reserve the right to terminate your hosting account if it is found that the resources made available to you are being abused.

This includes, but is not limited to the following:

Spamming
Sending unsolicited mail.
Providing file storage services.
Providing email services via your website be it newsletter sending or services like gmail.com and hotmail.com.
Scripting that utilises more than 20% of a server or node’s memory, storage, processing resource, I/O at any one time.
Hosted services that cause the general performance of our servers or nodes to degrade.
Offensive conduct / content.
Illegal or other unacceptable content as outlined in 16)
Arctek does not condone spam being sent from our servers – if it is found that a site is sending out spam emails regardless of how it is done (scripts, SMTP, contact form header injection etc) Arctek will suspend the customers account until assured it will not continue. We may request that you get your own Ip address for outgoing mail, at a cost of R40 per month , if you or your account spams. This measure is in place to protect the integrity of our shared IPs and the mail of our other customers on the machines. Repeat offenders will be irreversibly terminated.

Should you infringe this policy, you will be held liable for any costs incurred by Arctek.

3) Correspondence

Customers are required to have a valid email address on file at all times. Details can be updated via email to info@arctek.co.za
All communication from Arctek will be done via email. When we send an email, it is deemed that delivery of the said email has reached the recipient.

If in the the event that your email address on file does not work, you may contact us telephonically with your Arctek account number (i.e. COM001)

Requests for new orders or services for existing clients can be done over email to our email support team. You may be required to validated yourself as the account holder before the request is actioned. Only email from the valid billing email address will be taken as a valid request and actioned.

4) Reselling of Services

Customers may resell all of our services.
Customers are directly responsible for all services they/we provide to their clients. Arctek will not support your end users directly. We are not liable to them or you for any damages they or you may suffer.

5) Contract Period

You may cancel your account with us at anytime: ADSL, Dedicated servers, VPS’s and Cloud services will require a cancellation notification period of 30 days. You will be billed for those additional 30 days. Customers will not be entitled to a refund of any prepaid amounts: Therefore if you cancel midway into your prepaid period, you will not be entitle to a refund for the unused portion that you paid / signed up for. Service termination will happen at the end of your billing term unless otherwise stated: provided all amounts owed to us are paid. If there is still an outstanding amount, the account will continue to be billed until the account is settled and the cancellation request is resent and accepted by Arctek.

6) High resource use policy

Resources are defined as bandwidth, processor utilization, memory, disk space, bandwidth and IO

Arctek may implement the following policy to its sole discretion:

When an account is found to be adversely effecting the performance of a server, Arctek reserves the right to suspend or throttle that site immediately. This policy is only implemented in extreme circumstances and is intended to prevent the misuse of our servers and to ensure that other users on the same server get a fair share of the hosting resources. Customers may be offered an option whereby Arctek continues hosting the website for an additional fee.

Hosting resource limits per account/domain:

Shared hosting and Reseller:

Simultaneous connections via http: 20
Memory usage: 256MB
CPU Usage: 25% (+- .8GHz)
POP3/IMAP Checks per IP per account per minute: 60
Incorrect logins per IP per service before permanent block: 5
Emails sent per hour per domain: 250
Mail storage on account per domain: 2GB
Lowest acceptable cron job interval limit: 5 min

7) Payment policies

All accounts are set up on a prepay basis. Although Arctek reserves the right to change prices of accounts or services at any time, all pricing is guaranteed for the period of prepayment: every 1, 3, 6 or 12 months depending on the hosting plan you choose.

All payments are in South African Rands.

Payment must be made no later than 7 days from date of invoice.

Customers will automatically be charged again at the end of their prepay period unless a closure / cancellation notification has already been sent to us via email which must be confirmed and acceptance via a return email from us.

If a customers payment method is set to EFT, and should their account go unpaid your account will be suspended until the owed amount is paid in full, failure to do so will result in account termination. Arctek reserves the right to use suspended ADSL accounts to their discretion.

It is the clients responsibility to keep their account up-to-date, and to pay all invoices within the stipulated payment period. It is also your responsibility to keep yourself informed of the amounts owing.

The customer is responsible for all money owed on the account from the time it was established to the time the customer sends an accepted written cancellation request (refer to “Contract Period” above).

Cash Deposits at the bank will attract a service fee of R20 charged to the client – billed after the cash is deposited.

Suspension and removal of account(s) due to non-payment:

A service will be suspended if the invoice pertaining to the service is not paid within 7 days of the invoice being issued.

A re-establishment (unsuspension) fee of 50% of the amount will be charged and needs to paid before the unsuspension will take place.

Additionally, a fee equivalent to the hosting accounts monthly billing amount will be charged to have your account(s) restored from backup if they have been removed from the server already. This fee is per account restored and is dependent on the availability of the accounts backups. We may ask the client to provide a cpanel backup of the account for us to restore, if no backup is available.

A service will be canceled and all relevant hosted data removed if the invoice pertaining to the service is not paid within 30 days of it being issued. This means that all the accounts data will be removed from our servers as well.

If one of your services with us is currently suspended because of non payment, and you have corrected this by making full payment to your account (full payment is when you bring the account balance to zero or you’re in credit with us). Then you will need to email info@arctek.co.za in order to have the account unsuspended.

If there is an amount owing on your account (unpaid invoices) for longer than 45 days, the account will be deemed inactive and the entire account and all services related to it will be removed from our systems. Data, hosting accounts, domains etc.

Invoices, wire transfers, references when making Eft payements:

No bills or invoices will be sent by regular mail. All invoices will be sent directly to customers via email .

New orders will need to be paid for before they are setup, you may pay the relevant invoice via EFT (using the banking details on your invoice).

When making payments via EFT / Bank Transfer please ensure that your reference is either an invoice number, or an active domain name on your billing account. Payments may not be allocated to your account, and hence services will be suspended or terminated. The onus is on the client, to correctly place your reference on your payment, and to check that the payment does indeed reflect on your account with us (allowing 2-4 days for any delays in the banking system and our account capturing the payment). Any payment that does not reflect should be followed up with the accounts department immediately via email to rectify the placement of the payment.

8) Domains

The client is welcome to register domains by themselves and have them hosted with us.

If a domain is under our administration: we will issue an invoice for the registration and renewal of the domain. In the case of co.za domains, we invoice you for the domain, you are to pay us directly for this registration or renewal.

All domains registered by us are registered on behalf of the client and will be the property of the client provided their account is in good standing. We reserve the right to 1) refuse the transferal of a domain or 2) delete the domain from the registrar should your account be in arrears and be deleted from our system.

An indication of a domain name being available during the order process is no guarantee that it will be secured for the client. As there is no guarantee that the domain checking script is accurate due to variations in DNS records, or the domain name may be registered by another party between the time of checking and our request going through to the registrar.

We will not vote for a transfer/update of a domain name (co.za in particular), this needs to be done by the registrant’s email 2l. registrantemail

Domain names that are not renewed due to it’s corresponding renewal invoice not being paid, will fall into a redemption period. If the domain is then renewed, while in the redemption period, the following fees will apply. co.za domains will be redeemed at R359. all other domains will be redeemed at R1799. The redemption fee includes the following years registration fee.

9) Accounts on servers- Housekeeping

If an account is setup on a server, and the domain’s www A or MX record is not pointing to the server – we reserve the right to remove the account from the server.

10) Payment options

Arctek currently runs the following payment methods.

EFT / Bank Transfers.

Payments for products and services are to be made in full before the product will be shipped/collected. For website development a 50% deposit to be made upfront before development to be started and 50% upon completion of the website before the site goes live.

11) Delivery Options

All prices exclude delivery fee unless stated otherwise.

Arctek offers the following shipping methods.

South African Post Office (i.e. Econoparcel, Speed services, normal mail etc)
Courier – Door-to-Door services (Courier services may vary)
Postnet – Counter-to-Counter

Clients are welcome to send their own courier services. Insurance is available at additional costs. Arctek can not be held liable for late shipping or incorrect delivery details, once the parcel is handed over to our couriers or any other shipping method it is up to the client to follow up with the respective company handling the shipping.

12 ) Cancellation and refunds

Arctek reserves the right to cancel the service at any time. In this event customers will be entitled to a pro rata refund based upon the remaining period of membership. If a customer contravenes Arctek’ terms of service a refund will not be issued in the event of a cancellation.

Any abuse of our staff in any format or medium will result in the suspension or termination of your services.

Customers may cancel their account at any time provided that their account is fully paid up.

All account cancellations are processed within 5 business days from the cancellation request. We do not schedule cancellations so please ensure that requests are sent on the day of intended termination.

Once an account is cancelled or removed due to nonpayment, all data pertaining to the account will be removed from our servers.

Any incentives offered to customers when opening the account will also be cancelled. Customers may be given the option to purchase services which were offered as start-up incentives in the result of a cancellation.

Should payment not be received within 60 days of required date, the account will be cancelled.

Payments not received within 60 days for purchased goods or repairs, will be sold to recover costs.

13) Privacy Policy

We will not share your private ( personally-identifiable ) information with any third party unless required to do so by a member of law enforcement authorities, or to protect others.
We may need to give out your hosting login details to our 3rd level engineers at the respective data centers in order to support you further. Information send via email will be used to support you for billing and hosting support requests by the respective engineers.

14) Customer checks, Credit Bureau

We may check your credit history on the credit bureau by using services like Transunion or Experian. The information obtained will be used to confirm your payment history, contact details and to see if your account is within the risk profile we are willing to accommodate / service.

We may refuse service to customers whom we feel are at risk of not paying their account on time and in full.

15) Arbitration

If any issue needs to go to arbitration or legal assistance – this must be done within the city of Arctek’s choice. Arbitration may only be done on an individual bases.

16) Indemnification

Arctek reserves the right to refuse service and/or access to its servers to anyone. Arctek reserves the right to move your domain to a different web server without previous notice. We will however make every effort to keep your sites uptime at 100% during this process.

Arctek does not allow any of the following content to be stored on its servers:

Malware
Outdated scripts that have security holes
Explicit Adult material – includes all pornography, erotic images, or otherwise lewd or obscene content.
Excessive download content or non-linked content.
Backups.
Spam, Phishing and any such illegal activities.
Illegal content – according to South African or USA Federal, State or City law
Copyright media which you do not own the copyright to.
Account usage for backup purposes
Sites with banners, graphics or cgi’s running from their domain being used on other domains.
Sites with immense graphic archives or galleries.
Sites offering immense download archives, such as .zip, .tar, .rar, .GZ and so on.
Sites running large chat room gatherings.
Topsites
IRC Scripts and Bots of any kind unless it was explicitly permitted by management
Proxy scripts/anonymizers
Image hosting similar to Photobucket, Twitpic, Imageshack and others
AutoSurf/PTC/PTS/PPC sites
IP scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror similar to Rapidshare and others
Audio Streaming with more than one or two streams
Escrow, Bank Debentures, Bank Debenture Trading programs and sites
High-Yield Interest Programs (HYIP) or related sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme and such)
Prime Banks Programs
Lottery sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Fraudulent Sites of any kind
Mailer Pro hosting sites
Sale of any controlled substance without prior proof of appropriate permit(s)
Refusal of service is entirely at the unfettered discretion of Arctek

Customer agrees that it shall defend, indemnify, save and hold Arctek harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against any of the afore mentioned, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold to customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Arctek against liabilities arising out of; (1) any injury, financial loss, to person or property caused by any products sold or otherwise distributed in connection with Arctek; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from Arctek.

16b) Backup Policy

Backups are kept for a period of 7 to 10 days. Once an account is terminated from our system, the backups are removed as well. We do a weekly snap shot of your website database and emails stored on the server. We keep one copy of your hosting accounts backup and do not provide an incremental backup service.

We advise all clients to make periodic backups of their websites by downloading a copy of their website and data to their local personal computer. cPanel provides a useful backup section where it will compress your entire site databases and emails kept on the server, into one file for you to download. We advise this because it is very possible that due to system compromise or “act of God” that all data and backups might be lost and your copy will be the only one available. As unfortunate and unlikely as this would be , it is a possibility.

Additional backups are done at R29 per backup which will be added to your monthly hosting invoice. Additional backups are stored on a secure hard drive at Arctek’s offices as well as uploaded to Dropbox which will be available to the client at any point in time.

17) Orders, Returns and Warranty

Before any product is ordered from our suppliers. The amount is to be made in full and reflected into Arctek’s bank account.

Goods may be returned for the following reasons:
Manufacturer fault
Software error

Goods that experience physical and/or electrical damages (i.e. Lightning damage, power surges) may not be refunded. Products are sent to our suppliers for further analysis. Products will either be sent in for repairs or a new unit will be given if the mandatory faults are discovered by the supplier.

All products carry a minimum of 1 year warranty unless stated otherwise.

18) ADSL

Arctek offers ADSL high speed broadband connectivity through third-party internet service providers (ISP). Offering our clients reliable and robust internet. Arctek reserves the right, to at its discretion manage, suspend or cancel our ADSL accounts at any given time according to our suppliers request. The protocol manager is controlled by our suppliers and it is to their discretion how your account will be managed. Uncapped accounts are semi-shaped, meaning managing of your account will be in our suppliers best interest to, see where fit, shape low priority protocols to ensure fair speeds across our network.

18a) Uncapped ADSL Accounts

The Protocol Manager is used to provide all home uncapped users on our network with the best possible internet experience. During peak network times, we give priority to real time services (browsing, email, streaming etc), high bandwidth services such as NNTP, Peer-to-Peer and Torrents (and similar) will receive less priority. In the evenings when there is less demand on the network, high bandwidth services will receive increased priority which will result in increased throughput speeds compared to peak network times. Any user that is found attempting to bypass or circumvent the Protocol Manager will be suspended and could have their service cancelled.

18b) Business Uncapped ADSL Accounts

This is an uncapped account that is prioritised for Business Users where high priority is required for typical business protocols. These business protocols such as VOIP, Terminal Services, Web Browsing and Email are unshaped. Arctek reserves the right, to at its discretion manage non typical business protocols such as NNTP, Peer-to-Peer, Https Downloading and Torrents.

18c) Capped ADSL Accounts

Capped accounts are unshaped, managing does not occur on these type of accounts. Data does not carry over to the following month.

19) Disclaimer

Arctek will not be responsible for any damages you or your business may suffer. Arctek makes no warranties of any kind, expressed or implied for services we provide. Arctek does back up your data/website and whilst every attempt would be made in the unlikely event of any corruption or hardware failure, Arctek cannot guarantee to be able to replace lost data. Arctek disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss or any kind due to delays, non deliveries, wrong delivery, and any and all service interruptions. Arctek reserves the right to revise its policies and terms and conditions at any time.

By signing up for any of our services you agree to be bound by all Arctek’s terms and conditions.

Our terms and conditions may be updated from time to time, please be sure to keep updated by referring to this document regularly. Document source: https://arctek.co.za/terms-of-service