These Terms and Conditions (“Agreement”) govern the provision of services by RightwayHost (“Provider”, “we”, “us”) to the customer (“Customer”, “you”) and apply to all Service Orders, Service Terms, and related schedules. By using RightwayHost services, you accept this Agreement in full.
Contact:
Email: support@rightwayhost.co.za
Website: www.rightwayhost.com
1. Definitions
Service: Any hosting, domain, connectivity, or other service provided by RightwayHost.
Service Order / Order: Any written, online, or email order for Goods or Services agreed between the Parties.
Customer Data: Any data, content, or material uploaded, stored, or transmitted by the Customer.
Intellectual Property: Rights in software, websites, databases, and other proprietary content.
Third-Party Services: Any software, portal, or platform integrated or provided in conjunction with RightwayHost Services.
2. Agreement
Service Orders, Service Terms, and this Agreement together form the full contract.
In case of conflict, precedence is: Terms & Conditions > Service Terms > Service Order > Acceptable Use Policy (AUP).
3. Fees, Payment & No-Refund Policy
Customer must pay fees as specified in the Service Order, in full, without set-off.
Billing begins when the Service is active; partial months are prorated.
Invoices are due within 10 calendar days unless otherwise stated.
All fees exclude VAT. Payments are in ZAR unless agreed otherwise.
Late payments incur 2% monthly interest above prime, compounded monthly.
Services may be suspended for non-payment; reconnection is subject to a reasonable fee.
No Refund Policy: All fees paid are non-refundable, including annual or prepaid services, unless otherwise required by law.
4. Use of Services
You are responsible for all activity on your account.
You must use Services lawfully and comply with the Acceptable Use Policy (AUP).
RightwayHost may update the AUP at any time; compliance remains mandatory.
Network security and equipment may not be tampered with; violations may result in suspension.
Use of Third-Party Services (portals, APIs, software) is subject to the terms imposed by the third party. RightwayHost is not responsible for any failure, downtime, or issues caused by third-party services.
5. Email & Communication
Email accounts are provided subject to size limits (max 20 MB per email, 5 MB for forwarded/POP3 messages).
RightwayHost may filter spam, viruses, or malicious code.
Webmail is a complimentary service with no guaranteed uptime.
Upon service termination, all email is deleted, and addresses cease to function.
Bulk or unsolicited emails are prohibited; costs incurred from violations are recoverable from the Customer.
6. Intellectual Property
RightwayHost retains ownership of all software, databases, and works created.
You receive a non-exclusive, non-transferable license to use software only as required to use the Services.
Reverse engineering or unauthorized modification of software is prohibited.
You warrant that any content or data uploaded does not infringe third-party IP rights.
Customer must comply with all third-party software license terms when using Third-Party Services.
7. Security
RightwayHost implements reasonable measures to protect systems and data but cannot guarantee security.
You must immediately notify us of any security issues.
Cooperation in security investigations is required; costs for violations caused by Customer actions are recoverable.
8. Suspension of Service
RightwayHost may suspend services:
For non-payment after notice;
For breaches of AUP or security;
During emergency maintenance;
As legally required.
Reconnection is subject to reasonable fees.
9. Data & Privacy
Customer consents to monitoring traffic for accounting and service purposes.
Customer must comply with POPIA, RICA, and applicable data privacy laws.
RightwayHost is not responsible for backing up Customer Data unless explicitly stated.
RightwayHost may store and process Customer Data to provide services, including third-party integrations.
10. Third-Party Services
Services may include third-party software, portals, APIs, or integrations.
RightwayHost is not liable for issues caused by third-party services, including downtime, data loss, or breaches.
You agree to comply with third-party terms when using these services.
11. Statutory Compliance
RightwayHost complies with applicable South African law, including but not limited to:
Films and Publications Act 65 of 1996
Electronic Communications and Transactions Act 25 of 2002
Regulation of Interception of Communications Act 70 of 2002
Electronic Communications Act 36 of 2005
Protection of Personal Information Act 4 of 2013
12. Equipment
Ownership of equipment remains with RightwayHost unless explicitly purchased.
Risk passes to Customer on delivery; Customer must maintain, insure, and secure equipment.
Unauthorized modification or maintenance is prohibited.
13. Limitation of Liability
RightwayHost is not liable for indirect, consequential, or special damages.
Liability for direct damages is limited to fees paid for the Service in the 3 months preceding the event.
This does not limit Customer obligations to pay ongoing fees.
RightwayHost is not liable for downtime or issues caused by third-party portals or software.
14. Termination & Renewal
Agreements commence on acceptance of the Service Order and continue for the stated term or month-to-month if unspecified.
Customers may terminate with 1 calendar month’s notice unless otherwise specified.
RightwayHost may terminate for non-payment or breach of terms.
15. Amendments
RightwayHost may update terms or fees with at least 14 days’ notice (immediate in emergencies).
Customers may terminate before amendments take effect if they object.
16. Governing Law
This Agreement is governed by South African law.
Any disputes will be subject to the jurisdiction of South African courts.
