Terms & Conditions
Welcome to Kaldera Online, a website and email hosting company located in Gqeberha, South Africa. By using our services, you agree to the following terms and conditions. Please read them carefully.
1. Proper Use of Services
1.1. Kaldera Online’s services are provided solely for lawful purposes. Users must not engage in any activity that violates the laws of the Republic of South Africa or any international laws or regulations.
1.2. Improper use of our services, including but not limited to hacking, distributing malware, phishing, spamming, or engaging in any malicious activities, is strictly prohibited.
2. Prosecution for Improper Use
2.1. Kaldera Online reserves the right to cooperate fully with law enforcement authorities or other governmental entities in the investigation of any suspected improper or unlawful use of our services.
2.2. Users engaging in improper use may be subject to prosecution and will be held accountable for any damages or losses caused by their actions.
3. Website Domain Services
3.1. Kaldera Online provides domain registration, renewal, and cancellation services on behalf of customers. The registration and renewal of domains are subject to the availability and rules set forth by domain registrars.
3.2. Kaldera Online will not be responsible for any issues arising from the unavailability of a specific domain name or the inability to renew a domain.
4. Weekly Data Backups
4.1. Kaldera Online offers weekly backups of clients’ website and email data to protect against data loss. However, we do not guarantee the availability, completeness, or integrity of these backups.
4.2. Clients are responsible for maintaining their own backups and data recovery solutions.
5. SPAM and Email Filtering
5.1. Kaldera Online provides SPAM and email filtering solutions to help reduce unsolicited and malicious emails. However, complete elimination of SPAM cannot be guaranteed.
5.2. Kaldera Online will not be held liable for any emails that may be incorrectly classified as SPAM and subsequently blocked.
6. Promotions and Changes
6.1. Any promotions, discounts, or special offers displayed on the Kaldera Online website are subject to change at any time and without prior notice.
6.2. Kaldera Online reserves the right to modify, suspend, or terminate any part of its services, including these terms and conditions, without notice.
7. User Responsibilities
7.1. Users are responsible for the content they upload or transmit through Kaldera Online’s services.
7.2. Users must not use the services to infringe upon the intellectual property rights of others or to publish or distribute illegal, obscene, or offensive material.
7.3. Users are responsible for maintaining the confidentiality of their account information, including passwords, and for any actions taken under their account.
8. Indemnification
8.1. Users agree to indemnify and hold harmless Kaldera Online and its employees, affiliates, and partners from any claims, liabilities, losses, damages, or expenses resulting from their use of our services or any breach of these terms and conditions.
9. Limitation of Liability
9.1. Kaldera Online will not be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected to the use or inability to use our services.
10. Governing Law and Jurisdiction
10.1. These terms and conditions shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any legal action arising out of or related to these terms shall be brought in the courts of Gqeberha, Eastern Cape, South Africa.
11. Entire Agreement
11.1. These terms and conditions constitute the entire agreement between the user and Kaldera Online and supersede all prior agreements, whether oral or written. By using Kaldera Online’s services, you acknowledge that you have read, understood, and agreed to these terms and conditions. If you do not agree with any part of these terms, you should refrain from using our services.
12. Payment and Suspension of Services
12.1. Clients of Kaldera Online are required to make timely payments for the services rendered. Failure to make payments may result in the suspension or termination of services without prior notice.
12.2. Hosting services will be subject to suspension if payment for the specified period is not received within the grace period, which is typically seven (7) days after the due date.
12.3. In the event of non-payment or non-renewal, Kaldera Online reserves the right to: a. Suspend the hosting services and access to website and email hosting. b. Terminate the hosting account, which may result in the loss of data and content associated with the account.
12.4. Accounts will also be subjected to late payment fees.
13. Account Reactivation
13.1. Clients whose services have been suspended due to non-payment may request reactivation upon clearing any outstanding dues.
13.2. Account reactivation is at the discretion of Kaldera Online and may be subject to reactivation fees.
14. Domain Renewal Grace Period
14.1. For domain registration and renewal services, Kaldera Online may provide a grace period after the domain expiration date during which the client can still renew the domain without additional fees.
14.2. After the grace period, domain renewal may incur additional charges, and there is no guarantee that the domain will be available for renewal.
15. Data Retention Policy
15.1. In the event of suspension or termination due to non-payment or non-renewal, Kaldera Online will retain client data and backups for a limited period. This retention period will be determined solely by Kaldera Online.
15.2. After the retention period expires, Kaldera Online may permanently delete all client data, and the client will bear sole responsibility for any losses resulting from the data’s deletion.
16. Payment Disputes
16.1. If a client believes there is an error in the billing or payment process, they must contact Kaldera Online’s billing department immediately to resolve the issue.
16.2. The client agrees not to initiate any chargebacks or payment disputes without first attempting to resolve the matter with Kaldera Online.
17. Refunds
17.1. Refunds for services rendered by Kaldera Online are subject to the terms and conditions specified in our refund policy, which can be found on our website.
17.2. Refunds, if applicable, will be processed in accordance with our refund policy and may be subject to processing fees.
By using Kaldera Online’s services, you acknowledge and agree to the payment terms outlined in these terms and conditions. Failure to comply with these payment terms may result in the suspension or termination of services without liability to Kaldera Online. It is the responsibility of the client to ensure timely payments and adherence to the renewal schedule for their hosting and domain services.
18. Website Uptime Guarantee Disclaimer
18.1. Kaldera Online provides a 99.999% uptime guarantee for its website hosting services. This guarantee ensures that our servers and network infrastructure will be available and operational 99.999% of the time in any given calendar month.
18.2. However, certain factors beyond Kaldera Online’s control may affect the availability and accessibility of our services.
These factors include but are not limited to:
a. Internet connectivity and outages beyond Kaldera Online’s network.
b. Scheduled maintenance and upgrades to improve service performance.
c. Unforeseen hardware or software failures.
d. DDoS attacks, hacking attempts, or other malicious activities targeting our servers.
e. Force majeure events, such as natural disasters, acts of terrorism, or government actions.
18.3. The 99.999% uptime guarantee does not apply to downtime caused by the factors mentioned above or any other events beyond our reasonable control.
18.4. Kaldera Online will make every effort to promptly address and resolve any issues affecting the availability of our services. In cases where uptime falls below the guaranteed level, clients may be eligible for service credits as outlined in our Service Level Agreement (SLA).
19. Service Level Agreement (SLA) Terms
19.1. Kaldera Online’s SLA details the specific terms and conditions for service credits in the event of downtime that falls below the guaranteed 99.999% uptime.
19.2. Service credits are the sole remedy for clients who experience downtime within the scope of the SLA and do not entitle clients to any monetary refunds.
20. Data and Content Responsibility
20.1. Clients are responsible for backing up their website and email data regularly. While Kaldera Online performs weekly backups, it is not responsible for any loss of data, content, or email communications.
20.2. Clients should maintain their backup copies and review their data retention practices to ensure the availability and protection of their information.
By using Kaldera Online’s services, clients acknowledge and understand the limitations of the 99.999% uptime guarantee and the factors that may affect service availability. Kaldera Online shall not be held liable for any damages or losses incurred due to service interruptions or downtime that falls outside the scope of the SLA. Clients are encouraged to read and understand the SLA for detailed information on service credits and procedures for reporting downtime.
