Terms and Conditions
These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the ZA Domains (PTY) LTD (“Provider”) websites located at the domain name www.zadomains.net and https://za.domains (“the Websites”). By accessing and using any of the Websites, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distribute content obtained on any of the websites for marketing and other purposes without the consent of the Provider.
This Agreement constitutes the entire agreement between the User and Provider with respect to the Provider’s services and supersedes all prior agreements between the User and Provider. The Provider’s failure to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. In the event that a portion of this Agreement is held unenforceable, the unenforceable portion will be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions will remain in full force and effect. The terms of this Section will survive any termination of this Agreement.
The parties shall attempt to resolve all disputes arising out of this Agreement in a spirit of cooperation and with a problem-solving mindset, without formal proceedings. Any dispute, which cannot be resolved, shall be subject to binding arbitration upon the written demand of either party. Arbitration shall take place in South Africa. Should any legal action permissible under this Agreement be instituted to enforce the terms and conditions of this Agreement, in particular the right to collect money due on unpaid invoices, where the User has failed to comply with Published Policies set out by the ZA Central Registry, or any other part of the terms and conditions of this agreement, the Provider shall be entitled to recover attorney-and-client costs from the moment of handing over the matter to attorneys until date of final payment. The terms of this Section will survive any termination of this Agreement.
The User agrees to use the services offered by the Provider in accordance with ZA Central Registry’s Published Policies and Procedures and the Registrar Agreement in particular the correct use of Registrant data at the time of domain registrations and transfers.
The User agrees to indemnify and hold harmless the Provider from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by the Provider, (collectively, Claims) related to or in connection with the use of the User’s account. The terms of this Section will survive any termination of this Agreement.
The interpretation and enforcement of this Agreement shall be governed according the laws of the Republic of South Africa (excluding its choice of law rules). The User hereby consents to personal jurisdiction in the federal and provincial courts of South Africa for any action arising out of or relating to the User’s use of the Provider’s services. The federal and provincial courts of South Africa will have exclusive jurisdiction over all such actions. In any such action, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees. The terms of this Section will survive any termination of this Agreement.
By using this Website or communicating with the Provider by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.
E-Commerce & Privacy
The Websites www.zadomains.net and za.domains sells Domain names and subscription access services via its online platform. The use of any product or service bought from these Websites is at the Users risk. The purchaser/ user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.
The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by the Provider and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.
The Provider cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Websites), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.
The Provider will supply all goods to the delivery company in good order. The Provider will not be held liable for the condition of goods arriving at the User’s chosen delivery address.
The provider may change pricing without notice for services, domain related fees and products which are subject to changes as a result of the Rand Dollar Exchange Rate. Errors and omissions excepted (E&OE)
Online Payment Gateway
All online credit card payments are processed by PayFast, and all batch payments are facilitated by Nedbank PTY LTD / Iveri. Card Holders may go to www.iveri.co.za and www.payfast.co.za to review the suppliers security policies.
Payments facilitated via Credit Card or Batch Process are subject to a mandatory 4% Credit Card Fee.
Minimum EFT Top Up Threshold
The current minimum EFT threshold is R580 (Five Hundred and Eighty Rand). An incoming payment received from a client, in topping up their account, will not be processed if the payment is below the stated threshold.
Contact Support to request EFT Details.
Refund and Return Policy
The provision of goods and services is subject to availability. In cases of unavailability, the provider shall at its discretion refund the client in part within 90 days.
Refunds are only available on subscription services and no refunds may be issued on Domain Name Purchases and Renewals. Cancellation of services by the client will attract a 10% charge for administration costs.
Refunds on unused credits are subject to the discretion of the Provider. In such event where a refund is granted, the Provider shall issue credit 90 days after the date of request for a refund, excluding any indirect or direct transaction related fees.
The Provider reserves the right to cancel an order for which payment has already been received. Should the Provider exercise this right, the User will receive a full refund with no deductions.
Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to the support department or via the Website’s contact us page.
The user agrees that in any event it shall not charge back for online transaction. In the event of a chargeback the Provider shall for the duration of the investigation enforce a lock on the user’s account. Any services or products which may have been acquired, and form part of the chargeback must be returned to the Provider. If a domain name is purchased using credit allocated by a credit transaction, to which the User later disputes and charges back, the purchases relating to this chargeback remain the property of the Provider.
In the event of a chargeback, the Provider reserves the right to enforce an administration fee of no more than 50% of the chargeback amount and or any related bank charges.
User Accounts Types
The Provider provides services to three distinct client types, each have their own limitations and restrictions :
- End User Accounts
- End user accounts are available only to private individuals or Companies who intend to purchase or transfer domain names for personal use, or who intend to purchase or transfer domain names which the User legally owns. Simply put, a User who registers for an End User account may not register domains for or on behalf of another person or entity where the User does not have jurisdiction to perform such action.
- End users may not purchase domain names with the intent to resell or rent such domains. Failure to comply with these terms may result in immediate termination of your account.
- The provider may from time to time conduct audits on domain names registered under a end user account in order to ensure compliance. The end user indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of such actions.
- Reseller Accounts
- Reseller accounts are only available to non accredited registrars who intend on managing domain names on behalf of their clients. The reseller agrees that all domain names registered or transferred via any of the systems provided by ZA Domains are done in accordance with ZACR’s published policies and Registrar Agreements. The reseller agrees to use the correct legal registrant information assigned to the domain at the time of processing. The reseller agrees to ensure that the contact details assigned to the registrant are those of the legal owner of such domains and fall within compliance of applicable laws and policies laid out by the ZA Central Registry. Resellers may not register domain names and assign the registrant to them selves.
- The Reseller must apply reasonable measures (which the Registry may describe in the Published Policies) to verify the accuracy and completeness of information provided to the Reseller in the Domain Name Application. In the case of TLDs, compliance with ICANN mandated measures will be sufficient in this regard.
- In the event that any complaints / disputes are lodged by the legal owner of such domain regarding any of the registrant information, the Provider reserves the right to limit access to such domain or reseller account in order to ensure that it meets the requirements set out by ZA Central Registry.
- In the event that a dispute regarding registrant information is lodged, the Provider shall notify the Reseller of such breach and afford them 24 hours to rectify the issue, failing which the Provider reserves the right to intervene and take necessary steps required to release the domain name to its lawful owners.
- The reseller indemnifies and holds the Provider harmless against any loss, injury or damages which may be sustained as a result of such action, direct or indirect. The Provider may from time to time conduct audits on domain names registered under a reseller account in order to ensure compliance.
- Registrar Accounts
- Registrar Accounts are provided to ZACR Accredited Registrars on the basis and understanding that the Registrar is compliant with the Registry’s Published Policies, Registrar Agreements and any other legally binding agreement between parties.
- The Registrar agrees to indemnify and hold harmless the Provider from any and all claims, losses, damages, liabilities, judgments, or settlements, including reasonable attorney’s fees, costs, and other expenses incurred by the Provider, (collectively, Claims) related to or in connection with the use of the Providers systems. The terms of this Section will survive any termination of this Agreement.
ZA Domains provides a free Registrar Accreditation service to its ZA Central Registry (ZACR) Registrar clients. The accreditation service includes completing the technical accreditation requirements set out by ZACR for all available sTLD’s and gTLD’s. The accreditation service is provided at no cost to the ZA Domains client who maintains an active account with ZA Domains for a period of 6 months after the date of completion of their accreditation. In the event that the client cancels their service within a 6 month period after accreditation has completed, the client may be billed in accordance with our Accreditation fees.
Updating of these Terms and Conditions
The Provider reserves the rights to change, modify, add or remove from portions or the whole of these Terms and Conditions from time to time. Changes to these Terms and Conditions will become effective upon such changes being posted to this Website. It is the User’s obligation to periodically check these Terms and Conditions at the Website for changes or updates. The User’s continued use of any of the Websites following the posting of changes or updates will be considered notice of the User’s acceptance to abide by and be bound by these Terms and Conditions, including such changes or updates.
Copyright and Intellectual Property Rights
The Provider provides certain information on it’s Websites. Content currently or anticipated to be displayed the Providers Websites are provided by the Provider, its affiliates and/or subsidiary, or any other third party owners of such content, and includes but is not limited to Literary Works, Musical Works, Artistic Works, Sound Recordings, Cinematograph Films, Sound and Television Broadcasts, Program-Carrying Signals, Published Editions and Computer Programs (“the Content”). All such proprietary works, and the compilation of the proprietary works, are copyright the Provider, its affiliates or subsidiary, or any other third party owner of such rights (“the Owners”), and is protected by South African and international copyright laws. The Providers reserve the right to make any changes to the Websites, the Content, or to products and/or services offered through the Websites at any times and without notice. All rights in and to the Content is reserved and retained by the Owners. Except as specified in these Terms and Conditions, the User is not granted a license or any other right including without limitation under Copyright, Trademark, Patent or other Intellectual Property Rights in or to the Content.
Use of the services offered by the Provider require an understanding of Domain Registration and related services, including DNS.
The Provider accepts no liability for errors arising out of ignorance, system errors or any unforeseen circumstance.
All services are provided on an as is basis with no guarantees. Use of the service waivers any rights to claims against the Provider, and its staff.
Limitation of liability
The Websites and all Content on the providers Websites, including any current or future offer of products or services, are provided on an “as is” basis, and may include inaccuracies or typographical errors. The Provider makes no warranty or representation as to the availability, accuracy or completeness of Content. Neither the Provider nor any holding company, affiliate or subsidiary of the Provider, shall be held responsible for any direct or indirect special, consequential or other damage of any kind whatsoever suffered or incurred, related to the use of, or the inability to access or use the Content or the Websites or any functionality thereof, or of any linked websites, even if Provider is expressly advised thereof.
Privacy: casual surfing
The User may visit the Websites without providing any personal information. The Websites servers will in such instances collect the IP address of the User’s computer, but not the e-mail address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Websites, pages viewed, etc. Provider uses this information to determine use of the Websites, and to improve Content thereon. Provider assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.
Choice of Law
This Website is controlled, operated and administered by the Provider from its offices within the Republic of South Africa. Access to the Website from territories or countries where the Content or purchase of the products sold on the Website is illegal is prohibited. The User may not use this Website in violation of South African export laws and regulations. If the User accesses this Website from locations outside of South Africa, that User is responsible for compliance with all local laws. These Terms and Conditions shall be governed by the laws of the Republic of South Africa, and the User consents to the jurisdiction of the Witwatersrand High Court in the event of any dispute. If any of the provisions of these Terms and Conditions are found by a court of competent jurisdiction to be invalid or unenforceable, that provision shall be enforced to the maximum extent permissible so as to give effect to the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect. These Terms and Conditions constitute the entire agreement between the Provider and the User with regard to the use of the Content and this Website.