Terms & Conditions
1. Proper Use of Services
1.1. Kaldera Online 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. Domain Services
3.1. Kaldera Online provides domain registration, renewal, transfer, and related domain administration services on behalf of customers. Domain services are subject to the availability, rules, policies, and requirements of the relevant domain registries and registrars.
3.2. Kaldera Online will not be responsible for any issue arising from the unavailability of a specific domain name, the inability to register, renew, transfer, or recover a domain, or any registry or registrar decision outside Kaldera Online’s reasonable control.
3.3. Once a domain registration, renewal, transfer, redemption, or other domain-related request has been submitted or processed, the related domain charge is non-refundable. A domain is not a returnable service. Once registered or renewed, the domain is assigned to the customer and may be transferred to another provider, subject to the applicable registry and registrar rules.
4. Backups
4.1. Kaldera Online may perform periodic backups for operational, system recovery, or disaster recovery purposes. These backups are not guaranteed and should not be relied on as the customer’s primary backup.
4.2. Kaldera Online does not guarantee the availability, completeness, frequency, or integrity of any backup.
4.3. Customers are responsible for maintaining their own independent backups of all website data, email data, files, databases, and other content hosted through Kaldera Online’s services.
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 may be modified, suspended, or withdrawn without prior notice.
6.2. Kaldera Online may update its services, pricing, product features, promotions, and these terms from time to time. Where changes materially affect active services, Kaldera Online will take reasonable steps to communicate such changes where appropriate.
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 customer and Kaldera Online and supersede all prior agreements, whether oral or written. By using Kaldera Online’s services, customers acknowledge that they have read, understood, and agreed to these terms and conditions. If a customer does not agree with any part of these terms, they should refrain from using Kaldera Online’s 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, with or 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 may be subject to late payment fees.
12.5. By using Kaldera Online’s services, customers 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 customer’s responsibility to ensure timely payments and adherence to the renewal schedule for their hosting and domain services.
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.
14A. Cancellations
14A.1. Customers may request cancellation of eligible services either immediately or at the end of the applicable billing period, depending on the cancellation options made available by Kaldera Online at the time of cancellation.
14A.2. The cancellation option selected by the customer will be treated as the customer’s final instruction for that cancellation request, and Kaldera Online may act on that instruction automatically and without further notice.
14A.3. Cancellations, suspensions, terminations, and related service actions may be processed automatically by Kaldera Online’s systems in accordance with the cancellation option selected by the customer.
14A.4. Where immediate cancellation is selected, the affected service and related service data may be suspended, terminated, and deleted as soon as reasonably possible. Where cancellation at the end of the billing period is selected, the affected service may remain active until the end of that billing period and may thereafter be suspended, terminated, and deleted as soon as reasonably possible.
14A.5. Once a service, website, email account, mailbox, backup, file, database, or other service data has been deleted following cancellation, Kaldera Online is under no obligation to restore, recover, recreate, or provide access to that deleted data.
14A.6. It is the customer’s responsibility to ensure that any required website data, email data, files, databases, backups, or other service data are downloaded, migrated, or otherwise secured before cancellation takes effect.
14A.7. The cancellation, suspension, termination, or deletion of a service does not require Kaldera Online to delete the related customer account, billing records, payment records, support history, domain-related records, or other account and administrative records, which may be retained in accordance with these terms.
15. Data Retention Policy
15.1. In the event of suspension, termination, cancellation, non-payment, or non-renewal, Kaldera Online may retain or delete client data and backups in accordance with these terms, including the cancellation option selected by the customer where applicable.
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.
15.3. Where a customer requests immediate cancellation, Kaldera Online may suspend, terminate, and delete the related hosting, website, email, backup, and other service data as soon as reasonably possible. Where a customer requests cancellation at the end of the billing period, such service data may remain available until the end of that billing period and may thereafter be suspended, terminated, and deleted as soon as reasonably possible. The deletion of service data does not require Kaldera Online to delete the customer account, customer profile, billing records, payment records, support history, domain-related records, or other account and administrative records.
15.4. Kaldera Online may retain the customer account, customer profile, and related account, billing, payment, support, service, and domain-related records for as long as reasonably necessary or permitted for lawful business, operational, tax, accounting, audit, fraud prevention, dispute resolution, security, registrar, registry, or legal purposes.
15.5. Where Kaldera Online is no longer required or entitled to retain personal information or account records, Kaldera Online may delete, destroy, anonymise, de-identify, or otherwise limit the retained data within a reasonable period.
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 and 30-Day Money-Back Guarantee
17.1. Kaldera Online offers a 30-day money-back guarantee on eligible hosting services where a customer is genuinely not satisfied with the service.
17.2. This guarantee is intended to protect customers where the hosting service does not perform as expected, or where there is a service-related issue that affects the customer’s ability to use the hosting service. Before a refund is considered, Kaldera Online must be given a reasonable opportunity to investigate and remedy the issue.
17.3. The 30-day money-back guarantee does not apply where a customer simply changes their mind, no longer needs the service, purchased the wrong service, or decides not to proceed after the service has already been provisioned and made available.
17.4. Refunds are not available for domain name registrations, renewals, transfers, redemption fees, or other domain-related charges. Once a domain is registered, renewed, transferred, or redeemed, the domain is assigned to the customer and cannot be returned or cancelled in the same way as a hosting service. The customer remains the registrant of the domain and may transfer it to another provider, subject to the applicable registry rules.
17.5. Refunds also do not apply to third-party charges, once-off setup fees, migration fees, administrative fees, or any other external costs already incurred by Kaldera Online on the customer’s behalf.
17.6. Where a refund is approved, it will apply only to the eligible hosting service fee paid for the relevant service period. Any domain, registry, third-party, or non-refundable charges will be excluded.
17.7. Nothing in these terms limits any rights a customer may have under applicable consumer protection law.
18. Uptime and Service Availability
18.1. Kaldera Online aims to provide reliable website and email hosting services and targets 99.9% network uptime for its hosting infrastructure.
18.2. Service availability may be affected by factors outside Kaldera Online’s reasonable control, including but not limited to internet connectivity issues outside Kaldera Online’s network, scheduled maintenance, emergency maintenance, hardware or software failures, DNS issues, third-party service failures, DDoS attacks, malicious activity, force majeure events, registry or registrar issues, and customer-side configuration issues.
18.3. The uptime target does not apply to downtime, interruption, or degraded performance caused by factors outside Kaldera Online’s reasonable control.
18.4. Kaldera Online will take reasonable steps to investigate and resolve service availability issues affecting its hosting infrastructure.
18.5. Unless expressly agreed otherwise in writing, service credits are the customer’s sole remedy for qualifying service availability issues and do not entitle the customer to a monetary refund.
19. Service Credits
19.1. Where Kaldera Online determines that a qualifying service availability issue occurred within its hosting infrastructure, Kaldera Online may, at its discretion, issue a service credit to the affected customer.
19.2. Service credits, where approved, will be applied to the customer’s Kaldera Online account and may be used toward future eligible hosting charges.
19.3. Service credits are not payable in cash, are not transferable, and may not be applied to domain registrations, renewals, transfers, redemption fees, third-party charges, setup fees, migration fees, or other non-hosting charges.
19.4. Service credits are the sole remedy for qualifying service availability issues and do not entitle customers to monetary refunds.
20. Final Acknowledgement
20.1. By using Kaldera Online’s services, customers acknowledge and understand the limitations of the services, including the limitations relating to backups, data retention, uptime, refunds, cancellations, domain services, and service availability.
