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Overview

This page contains the following items:

• Services Agreement
• Refund Policy
• Free Website Design Terms & Conditions
• Web Hosting and Email Hosting Agreement
• Privacy Policy

Services Agreement

Mumatec Hosting Services Agreement

By using or purchasing one of our servises you agree to the following:

Recitals

WHEREAS, Mumatec Hosting is engaged in the business of providing web hosting, email hosting, and various other related services;

WHEREAS, Client desires to purchase web hosting, email hosting, and other related services from Mumatec Hosting, subject to the terms and conditions of this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:

1. Definitions a. Web Hosting: Web hosting is a service that allows organisations and individuals to post a website or web page onto the Internet. Mumatec Hosting provides the technologies and services needed for the website or webpage to be viewed on the Internet. Websites are hosted, or stored, on special computers called servers. When Internet users want to view your website, all they need to do is type your website address or domain into their browser. Their computer will then connect to your server, and your webpages will be delivered to them through the browser. b. Email Hosting: Email hosting is a service in which a hosting provider rents out email servers to its users. While many people are familiar with free web-based email services like Gmail or Yahoo, professional email hosting offers a unique email domain (e.g., name@yourdomain.com) and additional features for business use. c. Other Services: Includes any additional services provided by Mumatec Hosting, such as domain registration, website design, technical support, and any other related services as specified in the selected service plan.
2. Services Provided a. Web Hosting Services:
   • Mumatec Hosting will provide web hosting services, which include the storage, maintenance, and serving of Client’s website files over the Internet.
   • The hosting services may include additional features such as databases, SSL certificates, and technical support, as specified in the selected hosting plan.
   b. Email Hosting Services:
   • Mumatec Hosting will provide email hosting services, including the creation and maintenance of email accounts using Client’s domain name.
   • Additional features may include spam filtering, antivirus protection, and webmail access, as specified in the selected email hosting plan.
   c. Other Services:
   • Mumatec Hosting will provide additional services as specified in the selected service plan, which may include domain registration, website design, and other technical support services.
3. Client Responsibilities a. Client will provide all necessary information, content, and materials required for the services. b. Client agrees to use the services in compliance with all applicable laws and regulations and will not engage in any illegal activities, including but not limited to the distribution of malware, spamming, or hosting illegal content. c. Client will be responsible for maintaining the security of their account, including keeping login credentials confidential and notifying Mumatec Hosting of any unauthorised access.
4. Payment Terms a. Client agrees to pay Mumatec Hosting the fees associated with the selected services. Fees may be charged on a monthly or yearly basis, as chosen by the Client. b. All payments are due in advance of the service period and are non-refundable except as provided in this Agreement. c. Mumatec Hosting reserves the right to suspend or terminate services if payment is not received by the due date.
5. Service Level Agreement (SLA) a. Mumatec Hosting will use commercially reasonable efforts to provide 99.9% uptime for the services, excluding scheduled maintenance, emergency maintenance, and any downtime caused by circumstances beyond Mumatec Hosting’s reasonable control. b. In the event of a service outage exceeding the guaranteed uptime, Mumatec Hosting will provide a service credit to the Client, calculated as a prorated amount of the monthly fee based on the downtime duration.
6. Limitation of Liability a. Mumatec Hosting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, or other intangibles, even if Mumatec Hosting has been advised of the possibility of such damages. b. Mumatec Hosting’s liability to the Client for any cause whatsoever, and regardless of the form of the action, shall be limited to the amount paid, if any, by the Client for the services during the term of this Agreement.
7. Indemnification a. Client agrees to indemnify, defend, and hold harmless Mumatec Hosting and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with Client’s use of the services or breach of this Agreement.
8. Term and Termination a. This Agreement will commence on the date first written above and will continue for the term selected by the Client (monthly or yearly), unless terminated earlier in accordance with this Agreement. b. Either party may terminate this Agreement upon thirty (30) days written notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach. c. Upon termination, Mumatec Hosting will provide Client with a reasonable opportunity to retrieve their data, after which Mumatec Hosting may delete any data stored on its servers.
9. Miscellaneous a. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter. b. This Agreement may not be amended or modified except by a written agreement signed by both parties. c. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflicts of law principles. d. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa. e. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Refund Policy

Thank you for choosing Mumatec Hosting for your web hosting, email hosting and other services listed on our website. We strive to provide the best possible service to our clients. Please read our Refund Policy carefully before purchasing our services.

1. No Refund Policy

At Mumatec Hosting, we do not offer refunds for any services purchased. All sales are final, and no refunds will be issued for any reason, including but not limited to:

– Dissatisfaction with the service

– Change of mind

– Inability to use the service

– Technical issues

– Cancellation of services by the client

2. Service Commitment

We are committed to providing high-quality web hosting and email hosting services. If you encounter any issues or have concerns about our services, we encourage you to contact our customer support team. We are dedicated to resolving any problems and ensuring that our services meet your expectations.

3. Payment and Billing

a. All payments for Mumatec Hosting services must be made in advance of the service period. Payment can be made on a monthly or yearly basis, depending on the plan selected by the client.

b. By purchasing our services, you agree to our no refund policy and understand that no refunds will be provided under any circumstances.

4. Service Termination

a. Either party may terminate this Agreement upon thirty (30) days written notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.

b. In the event of termination by Mumatec Hosting due to a breach of this Agreement by the client, no refunds will be issued for any remaining service period.

5. Changes to this Policy

We may update this AUP from time to time. Any changes will be posted on our website, and it is your responsibility to review the policy regularly.

6. Contact Information

If you have any questions or concerns regarding this Refund Policy, please contact us at: info@mumatechosting.co.za

This policy forms part of the agreement between the client and Mumatec Hosting and is binding on clients using Mumatec Hosting’s services.

Acceptable Use Policy

General Conduct

You must use our services in a manner that is ethical and lawful. You agree not to:

1. Engage in any illegal activities: This includes, but is not limited to, activities such as fraud, theft, trafficking in illegal drugs, gambling, and harassment.

2. Transmit, distribute, or store any material in violation of any applicable law or regulation: This includes, but is not limited to, material that is obscene, threatening, defamatory, or infringing on intellectual property rights.

3. Use our services to gain unauthorized access to other computer systems: This includes any form of hacking, denial of service attacks, or spreading viruses or other harmful software.

Security

You are responsible for maintaining the security of your account and must not share your login credentials. You agree to:

1. Take reasonable steps to prevent unauthorized access to your account: This includes using strong passwords and regularly updating them.

2. Notify us immediately if you become aware of any security breaches: This helps us take prompt action to protect your account and our services.

Network and Resource Usage

To ensure the fair use of our services and avoid overloading our systems, you agree not to:

1. Use excessive bandwidth: You must comply with our bandwidth usage limits. If your usage exceeds these limits, we may suspend or terminate your account.

2. Run any software or process that disrupts our services: This includes running servers, bots, or any other automated processes without our prior approval.

 Email and Spam

We have a zero-tolerance policy towards spam. You agree not to:

1. Send unsolicited emails or spam: This includes bulk email, chain letters, and any other form of unsolicited communications.

2. Harvest or collect email addresses without consent: This includes any automated or manual process of collecting email addresses from websites or other sources.

Copyright and Intellectual Property

You must respect the intellectual property rights of others. You agree not to:

1. Infringe on the copyrights, trademarks, patents, or other intellectual property rights of others: This includes unauthorized copying, distribution, or display of any content.

2. Host, distribute, or link to pirated or illegal content: This includes any form of media or software that is illegally obtained or shared.

Enforcement

We reserve the right to investigate any suspected violations of this AUP. If we determine that you have violated this policy, we may:

1. Suspend or terminate your account: Depending on the severity of the violation, we may suspend or permanently terminate your account without notice.

2. Report illegal activities to law enforcement: If we suspect that you are engaged in illegal activities, we may report your actions to the appropriate authorities.

Changes to this Policy

We may update this AUP from time to time. Any changes will be posted on our website, and it is your responsibility to review the policy regularly.

Contact Us

If you have any questions or concerns about this AUP, please contact us at [info@mumatechosting.co.za].

By using our services, you acknowledge that you have read, understood, and agree to be bound by this Acceptable Use Policy.

This policy forms part of the agreement between the client and Mumatec Hosting and is binding on clients using Mumatec Hosting’s services.

Free Website Design Terms & Conditions

Recitals

WHEREAS, Mumatec Hosting is engaged in the business of providing web hosting services and website design services;

WHEREAS, Client desires to have Mumatec Hosting design a basic professional website for Client, subject to the terms and conditions of this Agreement;

WHEREAS, Mumatec Hosting agrees to provide such services to Client, free of charge, contingent upon the Client’s purchase of a hosting package and domain from Mumatec Hosting or the transfer of an existing domain to Mumatec Hosting.

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:

1. Definitions

   a. Web Hosting: Web hosting is a service that allows organizations and individuals to post a website or web page onto the Internet. Mumatec Hosting provides the technologies and services needed for the website or webpage to be viewed on the Internet.

2. Services Provided

   a. Mumatec Hosting will design a basic professional website for Client using either WordPress, HTML, CSS, and/or JavaScript, depending on what is deemed suitable after review.

   b. The website design service provided by Mumatec Hosting is free of charge, provided the Client purchases a hosting package and domain from Mumatec Hosting or transfers their existing domain to Mumatec Hosting.

3. Ownership and Transfer

   a. All materials and content of the website will become the property of the Client after 12 months of continuous hosting with Mumatec Hosting.

   b. If the Client wishes to move to a different hosting provider before the 12-month period, they may transfer their domain without any charges, except for the domain transfer fee if applicable. However, the website itself will not be transferable and will remain the property of Mumatec Hosting until the completion of the 12-month hosting period.

   c. In the event Mumatec Hosting fails to design the website, the Client may move both their domain and website to another hosting provider without any transfer charges.

4. Client Responsibilities

   a. Client will provide all necessary content, images, and information required for the website design in a timely manner.

   b. Client acknowledges that they are responsible for maintaining their website post-launch, including any updates or changes to the content.

   c. Should the Client require assistance with website updates or changes, they may hire a web designer or developer at their own expense. Mumatec Hosting may offer these services at an additional cost, with prices listed on the Mumatec Hosting website.

5. Payment Terms

   a. While the website design service is free, the Client agrees to pay for the website hosting services on a monthly or yearly basis as per the hosting package selected.

   b. The Client understands that web hosting is essential for the website to remain accessible on the Internet, and thus agrees to the recurring hosting fees.

6. Limitation of Liability

   a. Mumatec Hosting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, or other intangibles, even if Mumatec Hosting has been advised of the possibility of such damages.

   b. Mumatec Hosting’s liability to the Client for any cause whatsoever, and regardless of the form of the action, shall be limited to the amount paid, if any, by the Client for the hosting services during the term of this Agreement.

7. Term and Termination

   a. This Agreement will commence on the date first written above and will continue for a period of 12 months unless terminated earlier in accordance with this Agreement.

   b. Either party may terminate this Agreement upon thirty (30) days written notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.

8. Program Availability

   a. The Free Website Design Program is available for a limited time, as determined solely by Mumatec Hosting. Mumatec Hosting reserves the right to discontinue the program at any time without prior notice.

9. Miscellaneous

   a. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.

   b. This Agreement may not be amended or modified except by a written agreement signed by both parties.

   c. This Agreement shall be governed by and construed in accordance with the laws of the State of [State], without regard to its conflicts of law principles.

   d. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

   e. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Web Hosting and Email Hosting Agreement

Recitals

WHEREAS, Mumatec Hosting is engaged in the business of providing web hosting and email hosting services;

WHEREAS, Client desires to purchase web hosting and email hosting services from Mumatec Hosting, subject to the terms and conditions of this Agreement;

NOW, THEREFORE, in consideration of the mutual covenants and promises herein contained, the parties hereto agree as follows:

1. Definitions

   a. Web Hosting: Web hosting is a service that allows organisations and individuals to post a website or web page onto the Internet. Mumatec Hosting provides the technologies and services needed for the website or webpage to be viewed on the Internet. Websites are hosted, or stored, on special computers called servers. When Internet users want to view your website, all they need to do is type your website address or domain into their browser. Their computer will then connect to your server, and your webpages will be delivered to them through the browser.

   b. Email Hosting: Email hosting is a service in which a hosting provider rents out email servers to its users. While many people are familiar with free web-based email services like Gmail or Yahoo, professional email hosting offers a unique email domain (e.g., name@yourdomain.com) and additional features for business use.

2. Services Provided

   a. Web Hosting Services:

      – Mumatec Hosting will provide web hosting services, which include the storage, maintenance, and serving of Client’s website files over the Internet.

      – The hosting services may include additional features such as databases, SSL certificates, and technical support, as specified in the selected hosting plan.

   b. Email Hosting Services:

      – Mumatec Hosting will provide email hosting services, including the creation and maintenance of email accounts using Client’s domain name.

      – Additional features may include spam filtering, antivirus protection, and webmail access, as specified in the selected email hosting plan.

3. Client Responsibilities

   a. Client will provide all necessary information, content, and materials required for the website and email hosting services.

   b. Client agrees to use the hosting services in compliance with all applicable laws and regulations and will not engage in any illegal activities, including but not limited to the distribution of malware, spamming, or hosting illegal content.

   c. Client will be responsible for maintaining the security of their account, including keeping login credentials confidential and notifying Mumatec Hosting of any unauthorised access.

4. Payment Terms

   a. Client agrees to pay Mumatec Hosting the fees associated with the selected web hosting and email hosting plans. Fees may be charged on a monthly or yearly basis, as chosen by the Client.

   b. All payments are due in advance of the service period and are non-refundable except as provided in this Agreement.

   c. Mumatec Hosting reserves the right to suspend or terminate services if payment is not received by the due date.

5. Service Level Agreement (SLA)

   a. Mumatec Hosting will use commercially reasonable efforts to provide 99.9% uptime for the hosting services, excluding scheduled maintenance, emergency maintenance, and any downtime caused by circumstances beyond Mumatec Hosting’s reasonable control.

   b. In the event of a service outage exceeding the guaranteed uptime, Mumatec Hosting will provide a service credit to the Client, calculated as a prorated amount of the monthly fee based on the downtime duration.

6. Limitation of Liability

   a. Mumatec Hosting shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to, loss of profits, data, use, or other intangibles, even if Mumatec Hosting has been advised of the possibility of such damages.

   b. Mumatec Hosting’s liability to the Client for any cause whatsoever, and regardless of the form of the action, shall be limited to the amount paid, if any, by the Client for the hosting services during the term of this Agreement.

7. Indemnification

   a. Client agrees to indemnify, defend, and hold harmless Mumatec Hosting and its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with Client’s use of the hosting services or breach of this Agreement.

8. Term and Termination

   a. This Agreement will commence on the date first written above and will continue for the term selected by the Client (monthly or yearly), unless terminated earlier in accordance with this Agreement.

   b. Either party may terminate this Agreement upon thirty (30) days written notice if the other party breaches any material term of this Agreement and fails to cure such breach within thirty (30) days after receiving written notice of the breach.

   c. Upon termination, Mumatec Hosting will provide Client with a reasonable opportunity to retrieve their data, after which Mumatec Hosting may delete any data stored on its servers.

9. Miscellaneous

   a. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral, relating to such subject matter.

   b. This Agreement may not be amended or modified except by a written agreement signed by both parties.

   c. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa, without regard to its conflicts of law principles.

   d. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in accordance with the rules of the Arbitration Foundation of Southern Africa.

   e. If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall remain in full force and effect.

Privacy Policy

1. Information We Collect

We may collect information about you in a variety of ways. The information we may collect on the Site includes:

Personal Data

Personally identifiable information, such as your name, shipping address, email address, and telephone number, and demographic information, such as your age, gender, hometown, and interests, that you voluntarily give to us when you register with the Site or when you choose to participate in various activities related to the Site, such as online chat and message boards.

Derivative Data

Information our servers automatically collect when you access the Site, such as your IP address, your browser type, your operating system, your access times, and the pages you have viewed directly before and after accessing the Site.

Financial Data

Financial information, such as data related to your payment method (e.g., valid credit card number, card brand, expiration date) that we may collect when you purchase, order, return, exchange, or request information about our services from the Site. We store only very limited, if any, financial information that we collect. Otherwise, all financial information is stored by our payment processor, [Paystack], and you are encouraged to review their privacy policy and contact them directly for responses to your questions.

Mobile Device Data

Device information, such as your mobile device ID, model, and manufacturer, and information about the location of your device, if you access the Site from a mobile device.

2. Use of Your Information

Having accurate information about you permits us to provide you with a smooth, efficient, and customized experience. Specifically, we may use information collected about you via the Site to:

– Create and manage your account.

– Process your transactions and send you related information, including purchase confirmations and invoices.

– Manage your orders.

– Provide technical support.

– Communicate with you about updates, promotions, and events related to our services.

– Monitor and analyze trends, usage, and activities in connection with our services.

– Comply with legal obligations.

3. Disclosure of Your Information

We may share information we have collected about you in certain situations. Your information may be disclosed as follows:

By Law or to Protect Rights

If we believe the release of information about you is necessary to respond to legal process, to investigate or remedy potential violations of our policies, or to protect the rights, property, and safety of others, we may share your information as permitted or required by any applicable law, rule, or regulation.

Third-Party Service Providers

We may share your information with third parties that perform services for us or on our behalf, including payment processing, data analysis, email delivery, hosting services, customer service, and marketing assistance.

Business Transfers

We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.

4. Security of Your Information

We use administrative, technical, and physical security measures to help protect your personal information. While we have taken reasonable steps to secure the personal information you provide to us, please be aware that despite our efforts, no security measures are perfect or impenetrable, and no method of data transmission can be guaranteed against any interception or other type of misuse.

5. Policy for Children

We do not knowingly solicit information from or market to children under the age of 18. If we learn that we have collected personal information from a child under age 18 without verification of parental consent, we will delete that information as quickly as possible.

6. Your Rights

Under the Protection of Personal Information Act (POPIA), you have certain rights regarding your personal information. These include the right to:

– Request access to your personal information.

– Request the correction of inaccurate, irrelevant, excessive, outdated, incomplete, misleading, or unlawfully obtained personal information.

– Object to the processing of your personal information.

– Request the deletion or destruction of your personal information under certain circumstances.

– Lodge a complaint with the Information Regulator.

7. Changes to This Privacy Policy

We may update this Privacy Policy from time to time in order to reflect, for example, changes to our practices or for other operational, legal, or regulatory reasons. We will notify you of any changes by updating the “Effective Date” of this Privacy Policy. You are encouraged to review this Privacy Policy periodically to stay informed of updates.

8. Contact Us

If you have questions or comments about this Privacy Policy, please contact us at: info@mumatechosting.co.za

This policy forms part of the agreement between the client and Mumatec Hosting and is binding on clients using Mumatec Hosting’s services.