Visual Host is a division of GA Digital Network cc. This agreement governs your use of this website or any services rendered by Visual Host. By accessing our website or using any of the services offered or rendered by Visual Host, you are agreeing to be bound by these terms and conditions. These brief guidelines are imposed to protect you, other Visual Host customers and staff members. Visual Host reserves the right to update and change these terms and conditions as and when necessary. You are advised to check these terms and conditions from time to time for any updates or changes that may affect you.

1. Any payment terms stipulated herein will supersede section two (2) of the 'Payment Policy' clause.

2. Full payment is required before any service is rendered, which includes renewals of hosting and domains.

3. All payment due notices will be sent via electronic mail. Payments in respect of hosting are due the same day of the following month or year dependant on payment cycle of choice. All customers will receive invoices at least 7 days before the due date. Billing will continue until you cancel your hosting account and will remain payable until you request cancellation via the Client Zone.

We accept the following forms of payment: Electronic Funds Transfer (EFT), Credit Card (MasterCard and Visa) and Debit Order.

A service fee of R3.75 + 3% of total paid will be charged for ALL cash and cash/cheque deposits. Please use EFT (Internet Banking) when making payments to avoid cash deposit fees.

Debit orders that return as unpaid will attract a R50 administration fee. The account should then be settled by EFT or Credit Card, no further debit orders will run on the account until the overdue amount has been settled.

It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Visual Host of your desire to cancel any or all services received (by the proper means listed under "Cancellations"), those services will be billed on a recurring basis, unless otherwise stated in writing by Visual Host. Visual Host reserves the right to bill your credit card or billing information on file with us.

In the event we do not have any billing information on file or the billing information proves to be unsuccessful, we reserve the right to hand your account over to a debt collection agency as well as all necessary personal information required to action the debt collection process. Clients will be notified at least three (3) days before your account is handed over for debt collection. This grace period is offered to allow clients the opportunity to make alternate arrangements before the debt collection process commences.

Visual Host provides a 3 day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 3 days will result in account and service suspension until account balance has been paid in full. Access to the account will not be restored until all outstanding payments have been received.

Invoices that surpass the grace period without prior agreement will be liable to pay a 5% administration fee (R50 minimum) of the outstanding amount. An additional 5% charge (R50 minimum) will be applied 30 days after the invoice date (27 days after the grace period). Thereafter, your service will enter a 2 day redemption phase, where the total outstanding amount as well as the 10% late payment pentalty (R100 minimum) is due - failure to pay will result in service termination with no additional warning. Invoices will remain associated to your account and payable before any new services or work commences.

Visual Host reserves the right to bypass the above process and notify you of termination. In the event we notify you, we will provide at least 2 working days to settle your account.

Invoices related to domain renewals do not have a grace period and the above applies immediately should the invoice not be settled on or before the due date. In addition to the above, the renewal charge will incur a R350 administration penalty (over and above the cost of the renewal). Once paid, there is no guarantee your domain renewal can be secured. In the event the renewal was unsuccessful we will credit your account minus a R50 administration charge. No refunds will be made.

Cancellations must be done in writing by emailing contact@visual.host. You have the option of cancelling your account immediately or at the end of the billing period. If you choose to cancel the account immediately then your account will be terminated from our servers on receipt of the cancellation. Cancellation of a subscription does not cancel any outstanding invoices. All outstanding invoices are still due.

When an order is placed for a graphic design related service, a deposit of 50% of the due fee will become payable immediately before Visual Host proceeds with the specified service. Proof of payment must be sent to billing@visual.host. Upon receipt, the funds will be deducted from the invoice resulting in a 50% remaining balance due upon completion; the deposit is non-refundable. If you wish to cancel a design service, the 50% deposit will be retained and the remaining 50% will be cancelled. Once a general design or concept has been approved by the client or revisions have been depleted, additions or changes will be charged at R350 per hour.

The payment policy in this clause supersedes the Payment Policies clause as stipulated in section one (1) of the Payment Policies clause.

When an order is placed for a web design or development related service, a deposit of 50% of the due fee will become payable immediately before Visual Host proceed with the specified service. Proof of payment must be sent to billing@visual.host. Upon receipt, the funds will be deducted from the invoice resulting in a 50% remaining balance due upon completion. If you wish to cancel a design or development service, the 50% deposit will be retained and the remaining 50% will be cancelled. Once a general design or concept has been approved by the client, additions or changes will be charged at R350 per hour.

The payment policy in this clause supersedes the Payment Policies clause as stipulated in section one (1) of the Payment Policies clause.

Please note that fees payable for domain registration and renewal costs are non-refundable. Our domain registration system is entirely automated therefore Visual Host accepts no responsibility for any typing errors (spelling mistakes) you make when ordering a domain name with us. Once a domain name has passed its expiry date there is no guarantee that we are able to renew the domain, additional charges may apply in these cases.

Our unlimited bandwidth plans do not have set limits on bandwidth. Instead, we have a fair use policy which goes as follows. Bandwidth is unlimited as long as:

• you are not intentionally abusing the service by using excessive bandwidth,
• you are not violating our terms and conditions, and
• you are not impeding our capability to provide other service to other customers.

In other words, if you are adding content (images, files, text etc) to your site and using the service in the way it is intended to be used, then we will not limit the amount of bandwidth your site is consuming.

Our intention is that, as long as both parties are being fair, you should not have to worry about bandwidth limits. When we feel you are violating this policy, we will contact you to discuss the matter. Additional charges may apply.

If, however, you are attempting to take advantage of the service by distributing large files or streaming excessive video or hosting music or something similar, then we will request that you cease doing so.

Visual Host takes a zero tolerance approach to the sending of Unsolicited Commercial Email (Hereinafter referred to as UCE) or SPAM over our network. This means that customers of Visual Host may not use or permit others to use our network to transact in UCE. Customers of Visual Host may not host, or permit the hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.

If your actions have caused Visual Host's mail servers, IP address ranges or Visual Host's partnered mail servers or IP address ranges to be placed on blacklists and other mail filtering software systems used by companies on the Internet, you will be liable to pay a R800 - R1500 charge to your account for administrative charges incurred to remove and protect mail servers and IP ranges.

Charges will be payable immediately with a 3 day grace period as stipulated in the Payment Policies clause. Failure to pay will result in the suspension of the service responsible.

All services provided by Visual Host are to be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any South African, State, Provincial or City law is prohibited. This includes, but is not limited to: copyrighted material, trademark, intellectual property, material we judge to be threatening or obscene, or material protected by trade secret and other statute without proper authorisation. The subscriber agrees to indemnify and hold harmless Visual Host from any claims resulting from the use of the service which damages the subscriber or any other party.

Also prohibited are sites that promote any illegal activity or present content that may be damaging to Visual Host's servers or any other server on the internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

• Pirated software
• Hacker programs or archives
• Fraudulent activities
• Adult sites (without an Adult Verification System or Age Gate)
• Warez sites

Any illegal activity, online gambling, spamming or hacking will result in your site being shut down. The customer is solely responsible for the content stored on and served on their hosting space. All outstanding invoices will still be due.

Visual Host will be the sole arbiter as to what constitutes a violation of this provision.

You are free to install and use any scripts you wish, as long as they are not on our banned scripts list as displayed below. However we reserve the right to disable any script or software in your hosting account that affects normal server operation or service to other Visual Host customers.

Visual Host is not responsible for scripts that you use in your hosting. It is not our responsibility to ensure your scripts function correctly. Please do not expect our support staff to troubleshoot any aspect of your scripts or third party scripts that you use on your site(s) hosted on our servers.

Visual Host provides technical support for the server and server related software. Any scripts included in the Softaculous are 3rd party scripts and support is not provided by our support staff. Please contact the relevant author.

The following scripts are banned due to the potential harm they can cause to other sites on the same server:

• Torrentflux (and similar scripts)
• AlienForm (all versions)
• formmail.pl
• Greymatter (all versions)
• Open Webmail
• Ikonboard (all versions)
• IRC Egg Drops & IRC related programs.
• Chat software
• lstmrge.cgi
• Proxy Servers & Scripts (EX: nph-proxy)
• Shell, SSH, Telnet Scripts and Shell, SSH, Telnet Alternatives (cgitelnet.pl)
• The Anonymizer
• UltimateBBS (all versions)
• YABB + YABB se (all versions)
• Any script that uses / processes a massive number of flatfiles or large flatfile databases.
• ACrypto currency mining software, crypto currency wallets and crypto currency related websites.

Visual Host's hosting accounts operate on shared resources. Excessive use or abuse of these shared network resources by one customer may have a negative impact on all other customers. Misuse of network resources in a manner which impairs server or network performance is prohibited by this policy and may result in suspension of your account without notice. You are prohibited from excessive consumption of resources, including processing time, memory and session time. You may not use resource-intensive programs which negatively impact other customers or the performance of Visual Host's systems or Hosting. Visual Host reserves the right to terminate or limit such activities.

Users are prohibited from violating or attempting to violate the security of the Visual Host's Network. Violations of system or network security may result in civil or criminal liability. Visual Host will investigate occurrences, which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. These violations include, without limitation:

Accessing data not intended for such user or logging into a server or account, which such user is not authorised to access. Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation.

Attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing". Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Taking any action in order to obtain services to which such user is not entitled.

Full backups are made nightly. No guarantees are made of any kind, either expressed or implied, as to the integrity or availability of these backups. Backups are made for server restoration purposes only. It is the client’s responsibility to maintain local copies of their web content, emails, databases and any information. Visual Host will not be held liable for the loss of data.

We are the owner and/or authorised user of all trademarks, service marks, design marks, patents, copyrights, database rights and all other intellectual property appearing on or contained within the Site, unless otherwise indicated. Except as provided in these Terms & Conditions, use of the Site does not grant you any right, title, interest or license to any such intellectual property you may access on the Site. Except as provided in these Terms & Conditions, any use or reproduction of the intellectual property is prohibited.

You may view this Site and you are welcome to print hard copies of material on it solely for your lawful, personal, non-commercial use. All other copying, whether in electronic, hard copy or other format, is prohibited and may breach intellectual property laws and other laws world-wide. Furthermore, you are not entitled to reproduce, transmit, publicly perform, distribute, adapt, translate, modify, bundle, merge, share or make available to any person, or create derivative works of such material, or use it for commercial purposes, without our prior written consent. All other rights are reserved.

We reserve the right to refuse service to anyone for any reason not prohibited by law. We reserve the right to terminate service to any customer for any reason not prohibited by law.

Any deliberate attempt to cause damage to Visual Host’s servers, the Visual Host network or any other internet server(s) will result in immediate account deactivation without prior notice. All outstanding invoices will still be due.