Moila Hosting- Terms of Service (TOS)
There are no hidden fees so if you are searching for them in small print, just a heads up.
Use of Moila Hosting Service constitutes acceptance and agreement to
- Moila Hosting’s AUP (Acceptable Use Policy)
- TOS (Terms of Service)
- SLA (Service Level Agreement)
- DRA (Domain Registrant Agreement).
- OCD (Ownership Changes and Disputes)
- POPIA(Protection of Personal Information Act)
From herewith in this TOS, AUP, DRA , POPIA and SLA, the usage of us, we, our, ours shall constitute reference to Moila Hosting, the usage of you, your, they, them shall refer to client / customer of Moila Hosting.
Acceptance of Contractual Agreement
- Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Moila Hosting, that you are agreeing to our TOS, AUP,DRA and SLA. No Modifications of said contract by customer is allowed.
- Due to increasing fraudulent orders, we request clients to send us a CERTIFIED copy of your ID, Passport or Business Registration Documents.
These documentation is only required once (for the 1st order).
Failure to comply will result in the order not being activated. (Stay Pending).
- Moila Hosting will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, DRA and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.
- It is solely your responsibility to notify Moila Hosting Billing department via a support ticket created from www.moilahosting.co.za/supporttickets.php or sending a mail to firstname.lastname@example.org after purchasing or renewing a domain. Domain renewal notices are provided as a courtesy reminder and Moila Hosting is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed twenty one (21) days before the renew date.
- In connection with any Hosting Services, if Customer’s actual bandwidth usage in any month exceeds allotted amount, specified in Customer’s contract, Customer will pay Moila Hosting any additional fees as specified in the Service Description within three (3) days of invoicing period. Any BW overage bill not paid within three (3) days of invoicing will be subject the server and services to suspension.
- We reserve the right to discontinue and/or refuse to provide service to any client or party at our sole discretion.
- All stated terms contained within this contractual agreement are subject to change without prior written notice as any updates may openly be viewed at our site, www.moilahosting.co.za. In addition, we reserve the right to make modifications to such terms contained herein at our sole discretion as deemed necessary by management.
What may not be hosted on our network:
Illegally posted materials will not be tolerated on our network. These include:
– Copyrighted Software
– Child pornography
– Credit Card Fraud Information
– Copyrighted media, includes but not limited to: Video, Music, TV, Radio
If you find any of the above materials hosted on one of our web servers, please report to email@example.com.
Additionally, we reserve the right to ban the use of applications which allow the proliferation of unsolicited email from our network, or which decrease the performance of our servers thus bearing on the quality of service we may provide to other customers.
Network Uptime is the total time in a calendar month that Moila Hosting network is available through the Internet, provided that Client has established connectivity. Moila Hosting takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages, that render 100% packet loss, 99% of each calendar month
Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled Network Uptime above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Moila Hosting Network as confirmed by Moila Hosting. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.
Scheduled Downtime is any Moila Hosting scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours notice.
SLA Network Violation Credit
Performance Credit exclusions: The following are excluded from the monthly calculation of Service Availability: Scheduled downtime, Problems outside of Moila Hosting’s network (upstream providers, or clients inbound connection) not effecting 100% loss to our network, Interruptions or failure of individual service caused by client, their employees, client’s customers, etc. to their service. These include inaccurate configuration, 3rd party software, clients abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately
Establishment of this service is contingent upon receipt of payment from Customer to Moila Hosting. Subsequent payments are due on the anniversary date of the month for that month(s) service, unless customer requests all monthly payments to be consolidated to one specific billing date. Any additional services relative to a primary hosting account, will be prorated to the primary hosting account(s) monthly recurring billing date, along the following guidelines of prorating methodology: (total monthly fees/ 30) * number of days to monthly recurring billing cycle. Any setup fees will be charged full setup fee pricing, and are applied at time of initial request of such services.
Payments and Fees:
Payment is due on the defined monthly recurring billing date of each month. Credit cards that are declined for any reason are subject to a R100.00 declination fee. Service will be interrupted on accounts that reach 30 days past due. Accounts that are not collectable by Moila Hosting will be turned over to an outside agency for collection. If your account is turned over for collection, you agree to pay the company a Processing and Collection Fee of not less than Five Hundred (R500.00).
Transfers are not guaranteed as remote server problems and other issues may render cPanel account transfer impossible. In such cases a refund will be made for any transfer fees paid.
In the event that data is missing in new account after transfer, Moila Hosting will not be held responsible for such data loss.
Moila Hosting may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.
All requests for canceling any service / services must be made in writing with at least 30 days notice written via email to firstname.lastname@example.org Include your domain name, last name on credit card in your email.
Refunds and Disputes:
All payments to Moila Hosting are nonrefundable. This includes any setup fees, monthly fees, and yearly hosting fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred. Disputed charges to your credit card issuer, also known as charge backs, in Moila Hosting’s discretion which is valid, under the terms and conditions of our SLA, AUP, and TOS, will result in service interruption, and reconnection fees to restore the desired service.
Pro-rated refunds are only issued in regards to upgrades and downgrades of an existing hosting plan. Payments made on a monthly or yearly basis after upgrade are still nonrefundable, however the customer is not obligated to continue their subscription past the month or year last paid for.
30 Day money back Guarantee:
All shared hosting come with a 30 day money back promise. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company. Dedicated Servers do not fall under this policy due to the labor involved in setting them up and also cost.
Hardware replacement will occur within 1 – 8 hours of the reported problem, Moila Hosting will refund 5% of the monthly fee per additional 8 hours of down time (up to 100% of customer’s monthly fee). In order to request an SLA hardware violation credit, you must email sales, within 10 days of reported violation, at: email@example.com . SLA violations will be reviewed by our personnel Monday – Friday 9AM to 5PM EST. *Hardware SLA violations do not cover network violation*