Terms of Service

Introduction
These Terms of Service (together with the rest of our Agreement) govern our relationship with you.
They include: the duration of our Agreement; fees to be paid to Enryoc; when Enryoc is authorised to monitor communications and content; the appropriate and reasonable measures Enryoc takes to protect the security of your data and our systems; when Enryoc is authorised to suspend or terminate your services; and the process followed when resolving disputes.
Summary of our Agreement
Commencement: The Agreement will start when Enryoc provides you with a username and password and /or a specified date was agreed upon.
Acceptance of electronic invoicing: By placing an order through our website or through our sales department, you agree to accept electronic invoices from Enryoc for the purpose of claiming input tax.
Changing of service: We may change the features or functionality of any Service over time.
Acceptable Use Policy: You must read and comply with the Acceptable Use Policy that relates to your use of our Services.
Restriction of access to services: If you breach our Agreement, Enryoc may restrict your access to the Services.
Intellectual property rights: You accept that you will get no rights to our intellectual property on our systems.
Your Content: You will retain all your intellectual property rights to any of your content you host with us.
Your Personal Data: Enryoc may keep your Personal Data and use it, for specified purposes. For example: to enable us to collect your debit order payment; as well as our internal marketing and contract administration, unless you specifically tell us that we may not do this. For details see our Privacy Policy.
Enryoc’s liability to you is limited. This means that we will not be liable to you for any damages or loss that you may suffer as a result of the fulfilment of the obligations under our Agreement.
Governing law: South African law governs our Agreement.
Addresses for service: We will use the address you give us as the address to serve legal notices and documents to you.
Specific Terms: Our Specific Terms go into more detail and address specific issues around our products and are an extension of our Terms of Service. The Specific Terms will apply if there is any conflict of meaning with these Terms of Service.
Terms of Service
 
1. Introduction
Enryoc is a South African Cloud hosting service provider that provides a range of hosting Services to its Customers. The Services are given subject to our Agreement.
2. Definitions
We have given the meanings of some words to be consistent. These words usually begin with a capital letter. Singular words include the plural (and vice versa):
Word                               Meaning
AFSA                                The Arbitration Foundation of Southern Africa (or any replacement).
Agreement                     These Terms of Service, the Specific Terms, the Acceptable Use Policy, and Privacy Policy.
Controller                       The person or organisation who determines the purpose and means of processing data.
Customer                       Is any person identified on the application form for Services or in any addendum;
Customer Data              Any username, password or email address we give the Customer as part of the Services. This excludes Customer Domains we manage as part of the Services;
Data Protection Laws   All data protection and privacy laws and regulations applicable to the processing of Personal Data under our Agreement, including: while they remain in force, the European Directive          95/46/EC, the Data Protection Act 1998 the Regulation of Investigatory Powers Act 2000, the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000, the Electronic Communications Data Protection Directive, the Privacy and Electronic Communications (EC Directive) Regulations 2003; from and including 25 May 2018, Regulation (EU) 2016/679 (‘General Data Protection Regulation’ or ’GDPR’); any other applicable laws and regulations relating to the processing of Personal Data and privacy; and if applicable, the guidance and codes of practice issued by any relevant data protection or supervisory authority.
Terms of Service            These general terms of service governing us providing Services to you  
Personal Data
Any information about an identified or identifiable natural person (‘Data Subject’) which is processed in terms of any applicable Data Protection Law.
Process or processing  
Any operation which is performed on Personal Data including collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
Processor
A processor is a person or organisation who processes personal data on behalf of a Controller.
Specific Terms
The terms and conditions which supplement the Terms of Service and govern the use of individual Services.
Sub-processor
Any Processor we use to assist us in fulfilling our obligations in providing the Services.
you or your
The Customer, including a legal entity (such as a company), who enters into an Agreement with Enryoc.

3. Our Agreement
Our Agreement governs the contractual relationship between us.
Unless expressly provided to the contrary in our Agreement, if there is a conflict in meaning, the following precedence ranking will apply (from highest to lowest): the Specific Terms; these Terms of Service; the Acceptable Use Policy; the Privacy Policy; other policies that may be introduced by us from time to time which we notify you of; any documents incorporated by reference in our Agreement.

4. Amendment to our Agreement
Enryoc reserves the right to make changes to the Agreement at any time without notice. An updated version of the Agreement will be posted on the website.
It is your responsibility as a diligent user to check any amendment posted on the website.
If you object to any amendment, you may terminate your relationship with us under clause 14.

5. Customer Status
The Customer may be an incorporated entity (such as a company or close corporation), trust, partnership, or individual.
If a person enters into our Agreement: in a representative capacity on behalf of a Customer who is an incorporated entity; on behalf of an unincorporated entity; or
in any other representative capacity recognised in South African law, the person warrants that:- they are legally authorised to do so and indemnifies Enryoc against any loss or damage that we may sustain resulting from the person’s lack of authority; and- all the information supplied to Enryoc at any time relating to the entity, trust, partnership, association or other person who they represent is true, accurate, and complete.
We reserve the right to treat all misrepresentations by you or the person representing you as fraud. The person representing you indemnifies us against any loss or damage that we may sustain resulting from the person’s lack of authority.
If we discover that you have fraudulently contracted to receive Services or that your representative has contracted without contractual capacity to do so, we may end our Agreement or Services immediately without any further notice to you and you may not claim any restitution or refund of any amount you have already paid, regardless of whether you have used the Services or not.
When requested, you must give us sufficient proof of the authority of the person who takes any action or executes documents on your behalf for our Agreement. This includes providing proof that the authorised signatory of your bank account has permission to debit your account.
If there is a dispute between individuals or entities you are involved with (including partners, shareholders, trustees, employees), we may act on the representation of a person claiming to be duly authorised to represent you, without having to independently verify the authority.
You indemnify us from any action or inaction based on the representation in 5.6. If however we ask you to give Enryoc independent verification of the authority of any individual, you must provide it to us in a format we find reasonably acceptable.

6. Commencement and Duration
Your application is an offer by you to accept Services from Enryoc. The terms relating to the acceptance of the offer are as follows:- Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
We will only have accepted your offer once you have received confirmation.
Although the website is configured to confirm receipt of any offer (“Confirmation”), technical or other problems may delay or prevent the Confirmation.
You must contact us if you do not receive Confirmation from us within a reasonable time period.
Confirmation will not mean that a transaction has been concluded. It merely confirms that we have received the application.
You can accept that we have sent confirmation to you as soon as this is reflected in our log files.
We will conclude the agreement in Hazelwood, Pretoria, South Africa.
Duration of the Agreement is based upon Month-to-Month, unless otherwise specified or agreed upon.
7. Service fees
You must pay all service fees, as soon as they become due.
You must pay the service fees, according to the frequency of payment you select, as described on the website.
Where applicable, we will give you a VAT invoice in electronic format. You agree that by submitting an application form to us when making application for Services, that the application is seen as your confirmation to accept electronic invoices for claiming input tax.
If you pay your service fees by debit order, you authorise us to make the necessary transfers from your designated bank account at the beginning of the month as per your preferred frequency of payment for the duration of our Agreement. You must put the debit order in place within seven days of the Commencement Date. A rejected debit order will accrue a handling fee, per rejection.
We reserve the right to amend or vary the service fees and any amendment or variation of the service fees will be seen as an amendment of our Agreement. If we amend the service fees, Enryoc will give you at least 30 days prior notice. If you object to any amended service fees, you may terminate your relationship with us under clause 14.
You will not withhold any payment of any amount you owe us for any reason, (except for an actual breach by Enryoc of our Agreement). In addition, you may not demand any discount, refund (other than under clause 7.8), or reduction in respect of any service fees you owe us.
The service fee includes Value Added Tax. You agree to pay any increase in Value Added Tax.
You may terminate the Service within: seven days after the Commencement Date if you decide not to continue subscribing to the Service; or
within 30 days after the Commencement Date if we fail to meet the service levels for hosting services and email services as specified in the Specific Terms, provided that you exercise your right to end the agreement by giving us notice by email to billing@enryoc.com.
If you terminate the Service for one of the above reasons, Enryoc will refund you any service fees. However you are still liable for any third party costs incurred during this period e.g. domain registration costs (please refer to clause 5 of the Specific Terms).
8. Monitoring
We monitor our hosting facilities, but not your specific activities. Where we have to intercept communications in accordance with the Regulation of Interception and Provision of Communication-Related Act, 70 of 2003 (“the Monitoring Act”), we will do this according to the requirements of the Monitoring Act.
With specific regard to the monitoring of content that is found on a website that belongs to you and which is hosted by Enryoc, we have no knowledge of, nor interest in, Customer content hosted by us on your behalf using the Services and further we do not in any way contribute to or approve the content.
If however we determine that any content is in violation of any law (including the Films and Publications Act 65 of 1996) or of the
Acceptable Use Policy, or if we receive a takedown notice from ISPA, as contemplated in section 77 of the Electronic Communications and Transactions Act 25 of 2002, we may ask you to remove, amend, or modify the content; terminate access to any Services or suspend or terminate any Services without notice; delete the offending content without notice; notify the relevant authorities of the existence of any content, make any back-up, archive, or other copies of any content; or take any further steps as required or requested by any authorities without notice.
We may disclose any content, material, or data (including any of your data) if:
required by law;
lawfully asked to do so by any authorities, including the South African Police Services pursuant to a subpoena under section 205 of the Criminal Procedure Act 51 of 1977; or according to a judicial, administrative or governmental order. We do not have to give you notice.
You will have no recourse against us if we act under this clause and you accordingly waive your right to make any claim or demand, or to institute any legal proceedings against us.
9. Security
9.1 All Customer Data allocated to you is personal to you and you will be liable for any loss or damage you or third parties have suffered because of your actions or the actions of a person to whom you have disclosed your Customer Data.
9.2 You authorise us to act on any instruction given by or purporting to originate from you even if it becomes clear that both parties have been defrauded by someone else, unless you have notified us under clause 9.4 before we acted on a fraudulent instruction.
9.3 If any security violations are reasonably believed to have occurred in connection with your account, we will investigate and, if necessary, change the relevant Customer Data, including access codes and passwords, and notify you immediately.
9.4 You must tell us immediately if any other person gains access to your Customer Data by following the procedures relating to reporting misuse and give us your full co-operation in any investigation we carry out.
9.5 You indemnify us (hold us harmless) against any claim arising from:
-Your disclosure of your Customer Data to a third person;
-the use of the Customer Data by a third person;
-or any resulting action by you or a third party.
9.6 We reserve the right to take any action we find necessary to preserve the security and reliable operation of our infrastructure. You may not do anything (or permit anything to be done) that will compromise our security.
9.7 We have systems in place to assist our critical technical infrastructure to recover from a natural or human induced disaster. However, we do not specify any recovery time and are not liable for any loss or damage you suffer as a result of a disaster. You must make backups of your data, unless otherwise specified to you. Nothing contained in our Agreement will be seen as a representation that any back-ups of data we have implemented will be successful or in any way will assist with disaster recovery.
10. Warranties
We warrant that Enryoc has the facilities, infrastructure, capacity, and capability to provide the Services.
Despite this warranty, the Services are provided “as is” and “as available”. No warranty of any kind is given, whether express or implied, including warranties of merchantability, title, or non-infringement, except where such a warranty is specifically required by law.

11. Intellectual Property Rights
You must comply with all laws that apply to any intellectual property.
You must get our prior written approval before using any of our marks.
You grant us non-exclusive licence to use your marks so that we may exercise our rights or fulfil our obligations under our Agreement.
Other than as specifically provided for in our Agreement, we retain all Intellectual Property Rights employed in or otherwise related to our network infrastructure, business and the provision of any of the Services under our Agreement.

12. Customer Indemnities
12.1 You indemnify (hold us harmless) from any liability arising from civil or criminal proceedings instituted against us or for any loss or damage you or a third party have suffered because of any interruption or unavailability of the Services.
12.2 You indemnify us and hold us harmless against all losses you have suffered or actions against us as a result of:
-the use of the Services, or any downtime, outage, degradation of the network, interruption in or unavailability of the Services. This includes software or hardware service, repairs, maintenance, upgrades, modification, alterations, replacement or relocation of premises affecting the Services,
-non-performance or unavailability of any of the services given by an electronic communications network or service provider, including, line failure, or in any international services or remote mail Servers,
-non-performance or unavailability of external communications networks to which you or our network infrastructure is connected, and
-repairs, maintenance, upgrades, modifications, alterations or replacement of any hardware forming part of the Services, or any faults or defects in the hardware.
12.3 If we are sued for something that you have indemnified us for, you will take our place in the lawsuit or be liable to pay us back for any costs, damages and expenses including attorneys’ fees on the attorney and own client scale (you will be liable to pay our attorney’s fees finally awarded against us by a court or agreed to in a written settlement agreement, provided that:
-we notify you in writing as soon as we become aware of the indemnified claim so you can take steps to contest it;
-you may assume sole control of the defence of the claim or related settlement negotiations; and
-we will give you, at your expense, with the assistance, information, and authority necessary to enable you to perform your obligations under this clause.
12.4 You must pay us any amount due under clause 12.3 as soon as we demand payment. If you contest the amount, you must pay the amount into your attorney’s trust or give us security to cover the amount, until we have resolved the dispute.
12.5 You indemnify us against any loss or damage that Enryoc may suffer because of your actions.
13. Suspension of the Services
Enryoc may temporarily suspend its Service to repair, maintain, upgrade, modify, replace or improve any of its Services. Where circumstances permit, Enryoc will provide prior notice of any service suspension to Customers. However, Enryoc will not be held liable for any resulting loss or damage suffered as a result of the service suspension.
 
14. Termination
Enryoc may terminate any Services on five days written notice to you.
You may terminate any Services on 30 days written notice to Enryoc in one of these ways:
via the Enryoc control panel, via email to billing@enryoc.com from an authorised email address. We will confirm your request for termination via return email.
If you give Enryoc notice of termination in any manner other than as specified above you may find that the notice was invalidly given and will not have any effect.
Breach:  If you breach our Agreement, we may, without prejudice to any other rights that Enryoc may have and without notice to you: claim immediate payment of all outstanding charges due to us, terminate or suspend your use of the Services, (which may include the deletion of your data) terminate our relationship with you; or list you with any credit bureau, Internet service provider list, or the South African Fraud Prevention Service.
By agreeing to our Terms of Service, you expressly consent to this.
In all instances, we may retain all Services Fees you have already paid and recover all of our costs associated, including legal costs on an attorney and own client scale (you will be liable to pay our attorneys fees) with your breach.
Return of hardware or software: Where you have in your possession any of Enryoc’s hardware or software as a result of using the Service and the related Service ends, you must immediately return the hardware or software to us.

15. Force Majeure
We will not be responsible for any breach of our Agreement caused by circumstances beyond our control, including fire, earthquake, flood, civil strike, compliance with government orders, failure of any supplier of electricity as well as no electronic communication service etc.

16. Resolving disputes
Any dispute concerning our Agreement (including interpretation and application) exists once a party notifies the other in writing, detailing the nature of the dispute and requesting that it be resolved as per this clause. The parties will first try to resolve the dispute informally by email, phone or other methods.
If informal dispute resolution negotiation fails, we may refer the dispute to conciliation (talks in which an agreed neutral third party tries to help the parties agree on how to end the dispute), failing which we may refer the dispute to arbitration (a hearing after which a neutral third party makes a binding decision about the dispute) (including any appeal against the arbitrator’s decision) under AFSA’s latest rules for expedited arbitrations and you must participate. You cannot make us arbitrate. The arbitration will be held in Pretoria and conducted in English. The parties will agree and appoint one arbitrator. If the parties cannot agree on the arbitrator within 10 business days after the referral, the Secretariat of AFSA will appoint the arbitrator.
Either party may only bring a claim against the other in their individual capacity and not as a member of any class.  

17. Exclusion and Limitation of Liability
Enryoc will not be responsible for any indirect, incidental, special, or consequential damages or losses arising from our Agreement. This includes loss of profits, revenue, anticipated savings, business transactions, goodwill or other contracts. It is irrelevant if this is due to negligence (carelessness) or breach of contract.
Our total liability to you is for direct damages up to a maximum amount of:
three months of your base hosting fee; or R2,500; whichever is less.
Our liability for direct damages under clause 17.2 will be excluded where we are held liable because of your use of any third party services or products which you accessed together with the Services, but which we did not provide to you.
This clause will apply even if you advised Enryoc of the possibility of loss of damage prior to its occurrence.
18. Notices
You must send all notices to Enryoc, whether for court process, notices or other documents or communications, at Hazelwood Office Park, Second Floor, 14 Oaktree Avenue, Hazelwood, Pretoria, 0081, South Africa
We may give all notices to you by email to the email address you provided to us on the application form when you first subscribed for the Services.
Any notice or communication required or permitted to be given under our Agreement will be valid and effective only if in writing.
All notices you sent to us which are: sent by prepaid registered post will be deemed to have been received 14 days after date of postage,
delivered by hand and delivered during ordinary business hours at the physical address will be deemed to have been received on the day of delivery.

19. Data Processing
Roles of the parties under Data Protection Law
Depending on the particular activity, we act as both a Processor and a Controller.
We act as the Controller of your Personal Data when you sign-up to use our Services. We collect and store your Personal Data for specific purposes including improving our service offering and increasing service efficiency. Please refer to our Privacy Policy for more information.
We act as the Processor and you are the Controller of the Personal Data that we process on your behalf when we provide Services to you in terms of the Agreement. You are solely responsible for determining the purpose for which, and the manner in which Personal Data is processed.
Our obligations as your Processor
We warrant that at all times during the term of our Agreement, we will comply with all applicable requirements of the Data Protection Laws when processing Personal Data. If you become aware of a change in the Data Protection Laws that we may not know about, you must inform us. If you become aware that we are not complying with the Data Protection Laws, then you must give us written notice, and 30 calendar days to comply.
We will not access or use Personal Data, except as necessary to provide the Services to you under our Agreement.
In respect of the Personal Data that we process on your behalf, we will act in accordance with our Agreement, and on your written instructions that we may receive from time to time.
We will not disclose Personal Data to any of our employees, directors, agents, contractors or affiliates, or any third party, except as necessary to:
provide the Services to you, comply with applicable laws, or with your prior written consent
We will implement and maintain appropriate technical and organisational measures: to protect the security and confidentiality of Personal Data that we process in providing the Services;
to protect Personal Data at all times against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure, access, or processing; and as required under the relevant Data Protection Laws.
We will cooperate with you to the extent that is reasonably necessary to enable you to adequately discharge your responsibility as a Controller. We will cooperate and provide you with such reasonable assistance as you require to prepare data protection impact assessments to the extent required by Data Protection Laws.
Where necessary, we will give you reasonable access to audit any relevant records or materials we hold regarding the Personal Data that we process on your behalf that are necessary to demonstrate our compliance with our obligations under this clause.
You can delete or remove any data that has been uploaded to your hosting account at your own discretion.

Our personnel
We will provide training as necessary from time to time to our personnel to ensure that our personnel complies with Data Protection Laws.
Our personnel is bound by confidentiality obligations in respect of access, use or processing of Personal Data.
 
 
Sub-processors
You consent to us engaging Sub-processors to process Personal Data on your behalf. We will execute a written agreement with each Subprocessor that contains terms for the protection of Personal Data that are no less protective than the terms set out in this clause.
You consent to our Sub-processors transferring Personal Data across borders.
Transfer of Personal Data
We may store Personal Data in data centres located in many countries as part of the Services we provide to you. You consent to us transferring Personal Data across borders.
 
Breaches
We will, as soon as reasonably practicable in the circumstances notify you in writing of any breach of security leading to the accidental or unlawful destruction, loss, alteration, unauthorised disclosure of, or access to Personal Data. We will provide you with a written notice that may describe:
the number of individuals concerned; and the number of records involved; and the likely consequences of the breach; and any steps taken to mitigate and address the breach; and a point of contact where you can contact us about the breach.
Descriptions in the notice will provide enough detail to allow you to understand the impact of the breach.
If it is not possible for us to provide any of the information required by this clause at the time of the notice, we will provide such information to you as soon as possible thereafter.
Where possible, we will comply with any reasonable instructions provided by you as soon as reasonably practicable, and cooperate with you regarding the data breach.
Update
The parties agree to any reasonable amendment to this clause to bring it into line with any amendment to or re-enactment of any Data Protection Laws or any recommendations of the relevant data protection or supervisory authority.
20. General
Entire agreement: The Agreement constitutes the entire agreement between the parties.
No Variation: No changes to our Agreement made by you are effective unless in writing and signed by the authorised signatories of both parties.
Waiver (giving up rights): Any favour we may allow you will not affect (or substitute) any of our rights against you.
Severability: If any term is void (invalid), unenforceable, or illegal, the term may be severed (removed) from and will not affect the rest of our Agreement if it does not change its purpose.
Applicable Law: South African law governs our Agreement.
Survival: Despite termination of our Agreement, any clause, which, from the context, contemplates on-going rights and obligations of the parties, will survive the termination and continue to be of full force and effect.

Specific Terms and Conditions
These Specific Terms include:
Hosting Terms
Email Terms
Domain Name Terms
Other Service Terms
Reseller Relationship Terms
Enryoc (Pty) Limited (Registration No. 2019/468522/07) (“Enryoc”) is a South African Cloud hosting service provider that gives a range of hosting Services to its Customers. We provide the Services to Customers subject to our Terms of Service.

1. Interpretation and Definitions
1.1. Unless the context clearly indicates to the contrary, any term defined in our Terms of service will, when used in these Specific Terms, bear the same meaning as defined in our Terms of Service.
1.2. Unless the context clearly indicates to the contrary, the following words will have these meanings:
Word                                                           Meaning
Administrator and Registry                     ZA Central Registry, the administrator of the .co.za Domain Name space.
Administrator Policies                              The Administrator policies published by the Administrator from time to time located at www.registry.net.za.
Domain Names                                         An easy to remember name that points directly to your website. Enryoc hosts domain names as part of its Domain Service to customers.
Domain Services                                       The Services we provide to you in respect of the Domain Names as set out in these Special Terms.
Email the Services                                     We provide to you in the form of: An email box on our systems, which includes an email address or aliases to the email address and
best endeavours virus protection and filtering for unsolicited commercial email (SPAM).
Harmful Code                                            Any computer code that:Is designed to disrupt, disable, harm, or otherwise hinder the operation of any software, hardware or network (generally referred to as “viruses”, “Trojan horses” or “worms”).Would disable any software, hardware or network or impair in any way its operation. It does so by running out of a period of time, exceeding an authorised number of copies, advancement to a particular date or other numeral (generally referred to as “time bombs”, “time locks”, or “drop dead” code).Would permit any person to access any software, hardware or network of any other person without consent (generally referred to as “trap”, “access code”, “backdoor” or “trapdoor” codes) or Any other similar harmful, malicious or hidden procedures, routines or mechanisms that would cause the software, hardware or networks of any person to stop functioning or to damage or corrupt data, storage media, programs, equipment or communications, or otherwise interfere with operations;
Illegal Content                                           Content in violation of any law.
Location                                                     The Enryoc Data Centres situated in Cape Town and Johannesburg as well as in Germany or any other address we indicate to you.
Misrepresentation                                    By a Customer includes: Actions to deceive, mislead, defraud, or otherwise make incorrect representations to any person regarding any fact or circumstance.
Impersonating or attempting to impersonate or otherwise misrepresenting your identity to any person for whatever purpose.
Altering the content of communications you received and then forwarding it to others without indicating the nature of the alterations, or
forging or otherwise manipulating origination details and data on any electronic data message generated by the Server with a view to disguising or deleting the origin of anything posted or transmitted including the use of “Socks Proxies”, “EZBounce”, “Vhosts”, “BNC’s” or any other software or hardware methods used to disguise or misrepresent your own IP address.
Registrar                                                     An entity such as Enryoc who has been accredited by the Administrator to perform Domain Name related transactions in the .co.za Domain name space.
Registrant                                                   The entity applying to register a Domain Name.
Server                                                          The computer hardware, machinery, and equipment on which the software operates.
Server Hosting                                           The Services that we provide to you.
Software                                                     The operating system and applications we provide to you.
System Abuse                                            Any conduct that does or may: Damage, impair, overburden, or disable, interfere with any other person’s use of, or compromise or tamper with the security of, including spamming and mass messaging, the use of software and technologies known as “floodbots”, “clonebots”, “automated client” ( for example “bots”, “fserv” or “script”), nuking and nuking tools (for example”7th Sphere”). Interfere with our or any other person’s software, hardware, systems, networks, or the Server.
Beta Services                                              Beta versions or features of our existing or new Services. (Beta Services Terms forms part of our Specific Terms, clause 8)
Trial Period                                                 Duration of the Beta Services.

2. Undertakings and Acknowledgements
2.1. We agree to use all reasonable steps to provide the Services to you on a continual basis, for the duration of the Agreement.
2.2. Although we take appropriate and reasonable measures to ensure that the Services are:
Available
Error free
Up to date and Reliable

The Services are rendered “as is” and “as available” and are used at your own discretion and risk.
2.3 We will establish and maintain reasonable security measures to secure the integrity and confidentiality of any personal information that we host or store for you as referred to in section 19 of the Protection of Personal Information Act 2013 (POPI).
3. Hosting terms General
3.1. Enryoc is a member of the Internet Service Providers’ Association (ISPA). We abide by and uphold the ISPA Code of Conduct.
3.2. We provide Servers, space on shared Servers and hosting of Customer Servers, together with web services and email facilities for web sites controlled by individuals or companies that do not have their own web servers.
3.3. We will only be required to give you the Server type and configuration that is advertised at the time you decide to obtain the Service from us. If you are an existing Customer and you wish to upgrade to a new Server, we may charge you an additional setup fee.
3.4. We will use all reasonable steps to verify the identity of your representative that wishes to access your Server at the Location. However, we will not be liable for any loss or damage you suffer because of a non-authorised person gaining access to your Server at the Location. You must notify us in writing of your representatives who are entitled to access your Server at the Location.
3.5. If we find that you have breached any of these Specific Terms, we may exercise any rights we may have available to us in law, including (without notice) the right to terminate access to any Services, or suspend or terminate any Services (which may include the deletion of your data). Content
3.6. We have no knowledge of, nor interest in Customer content hosted on your behalf by Enryoc on a Server or a shared hosting package. We also do not in any way contribute to or approve the content.
3.7. Nothing that we do in the performance of our obligations under the Service will be seen as an assumption of responsibility or liability by us as a result of any content. In particular, the limitation of liability in our Terms of Service will apply specifically to any loss, destruction, or corruption of your data, irrespective of the cause, including our negligence, your failure to back it up, us deleting it after the Service is terminated, and any system error or failure whether foreseen or unforeseen.
3.8. We will make a package available on a Server, where the Server is shared with other Customers. The Server will (at all times) remain our property. We will setup the Server according to our standard managed hosting Server configuration, at the Location on your behalf. We will not be responsible for the use of software you install (and for any vulnerabilities including traffic generated as per clause 3.10 below, that may result from the use of the software). You use the software at your own risk.
3.9. Where appropriate, we will maintain the software on our managed Servers.
3.10. You are solely responsible for all bandwidth and traffic related to your hosting package. This includes regularly monitoring usage through the Enryoc Control Panel. You will be liable for any over-usage charges. Any traffic management and reporting tools we give you are given solely to assist you in this process. This does not free you from responsibility, or place any responsibility on us. If you decide to make use of any traffic management and reporting tools:
All information will not be real time information and there will always be a one day delay in the furnishing of information and
We will not be responsible for any traffic spikes, information or denial of service attacks, or any loss or damage you suffer because of the information not being provided in real time.
We are not required to give you further information on traffic usage other than what is reported through the Enryoc Control Panel.
3.11. We are not responsible for any licensing of any software you use.
Managed Dedicated Hosting
3.12. We will make a Server available to you for your own exclusive use. The Server will at all times remain Enryoc’s property. We will setup and manage the Server at the Location on your behalf.
3.13. All Server log files remain Enryoc’s property. If you ask us to give you a server log file, we will give you a copy of the relevant log file.
3.14. You must not remove the Server from a Location.
3.15. We will manage the Server, including the hardware, software, and upgrades at our sole discretion.
3.16. Clause 3.10 will also apply to these Services.
3.17. If the Server becomes the target or source of any form of denial of service attack and Enryoc believes that there is no other possible solution at that point in time, we may disconnect the Server from the network.
3.18. Enryoc will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You therefore use the software at your own risk.
3.19. We are not responsible for any licensing of any software you use.
Managed Hosting (Shared, Dedicated, Cloud and VPS)
Service Availability, Service Level Guarantee and Network Uptime Guarantee
3.20. We guarantee that our network will be available 99.9% of the time in any given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
3.21. Network uptime includes functioning of all network infrastructure, including routers, switches, firewall, and cabling.
3.22. Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our monitoring system.
3.23. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
3.24. You will not receive any credit:
if there is a degradation of the Service outside our control; during scheduled maintenance windows; on the happening of a force majeure event; should a well formed DDoS attack target your server or hosting infrastructure; where the downtime is due to:
Failure of access circuits to our network, domain Name Server issues outside our direct control, DNS propagation, negligent customer acts or omissions; or outages elsewhere on the Internet that hinder access to your hosting services.
We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it.
These exclusions will not apply where the problems arise from Enryoc’s Server links to the Internet or our routers.
3.25. If you wish to exercise your right to a credit refund, you must request it by sending an email to us at billing@enryoc.com. The email must include the domain or Server name associated with your hosting service in the “subject” line. Each request must include your customer number as well as the dates and times of the network unavailability. We must receive the request within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will give you the credits within two billing cycles according to our Refund Policy. Despite anything to the contrary, the total amount we credit to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Self-Managed Hosting
3.26. We will make a Server available to you, installed with the latest version of an operating system, from a list of available options we give you. If you elect to have a Microsoft operating system installed that we provide, you are bound by the licensing terms & conditions of the relevant Microsoft Software with effect from when the Microsoft Software is first installed on the Server.
3.27. You will manage the operating system and all software on the Server. Enryoc will not and has no obligation to get involved in any aspect of managing the Server apart from the hardware, unless otherwise specified.

3.28. The allocated Server remains Enryoc’s sole property.
3.29. If you request any deviation from the standard hardware offering we will give the non-standard hardware, but the cost will be passed directly on to you. The hardware remains our property. If you opt for an on-site spare for the hardware, the spare components will remain your property.
3.30. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.31. We will not be responsible for your use of any software that you may install (and any vulnerabilities including traffic generated as per clause 3.10 that may result from the use of the software). You use the software at your own risk.
3.32. Clause 3.10 will also apply to these Services.
3.33. We are not responsible for any licensing of any software you use, other than where you are leasing Microsoft software through Enryoc.
Self-Managed Server Hardware Guarantee
3.34. We will give you the following support. The repair or replacement of:
Network interface cards
Patch cables
Hard drives
Central processing units (CPUs)
Fans that cause a CPU to fail
Memory
Motherboards
Power supplies and
(“Self-Managed Server Problems”)
At no cost to you. If we need to install a new operating system, we must do so with the latest version of the operating system, unless you request otherwise
Support and Service Level Guarantee
3.35. This guarantee only applies to Self-Managed Hosting Customers. We will try to respond to and resolve all Self-Managed server Problems that specifically relate to Server hardware within 90 minutes of you reporting the problem to us over the phone.
3.36. If we do not Resolve (as defined below) the Self-Managed server Problem within 90 minutes or the extended period Enryoc may advise, we will give you a credit equal to one month’s worth of the base hosting fee. For purposes of this clause,”Resolving” means that the Root Server originally provided by Enryoc responds to a ping as measured by our network monitoring system. If your Self-Managed Server has not been configured to respond to ping requests, you must provide us with another way of determining that the Server is visible on the network. If you do not do this we will be relieved of our obligations under this clause.
3.37. You must also understand that Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
Network Uptime Guarantee
3.38. We guarantee that our network will be available 99.9% of the time in a given month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any given month counted from the first day of every month.
Network uptime includes functioning of all network infrastructure including routers, switches and cabling, but excludes services or software running on your Server.
Network downtime exists when you are unable to ping the Server and it is measured according to our monitoring system.
3.39. If network uptime is less than 99.9%, (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting package or Server).
3.40. You will not receive the credit if the Self-Managed Server problem is attributable to:
Scheduled maintenance.
A degradation of the Service outside our control.
A force majeure event.
A well formed DDoS attack against your server or hosting infrastructure.
Negligent acts or omissions on your part that results in the operating system failing.
You requesting us to reinstall a version of the operating system software other than the latest version of the operating system software.
You being unavailable which results in us being unable to establish contact with you to resolve the problem or
You failing to follow the prescribed procedure timorously or at all, as indicated in 3.36.
3.41. If you wish to exercise your right, you must request it by sending an email to us at billing@Enryoc.com. The request must be received by Enryoc within 48 hours of the incident being reported and must include your customer number, your name as listed on the Enryoc invoice, the date and approximate time of the problem and the Server identification codes or the Server name. Only once we confirm the network unavailability according to our monitoring system, will we supply the credits to you within two billing cycles after we receive the request, according to our Refund Policy. Despite anything to the contrary, the total amount we credit you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Cloud Hosting Solutions (CHS) (Cloud and VPS Hosting Solutions)
3.42. We provide the CHS Service to you according to the proposal you have accepted, together with any written specification that has been agreed to between the parties and our Agreement.
3.43. When we make Servers available to you for your own exclusive use, the Servers will at all times remain Enryoc’s property. You must not remove the Server from a Location. CHS will setup and manage the Server at the Location on your behalf.
3.44. All Server log files remain our property. If you requests us to give you a Server log file, a copy of the relevant log file will be given to you.
3.45. We will manage the Servers, including the hardware, agreed Software, and upgrades at our sole discretion. CHS Customers will be informed before any adjustments or upgrades and a suitable time will be agreed upon between parties.
3.46. Where we supply and install the Software, we will do so according to the written specifications agreed to between both Parties. For that purpose, you must give us all the relevant information and co-operation needed to enable us to do the installation. If there are any extra costs involved with the Software, which were not present before we contracted with you, these will be for your account. If you need CHS assistance for the installation of the Software, you will be charged according to our standard hourly rates.
3.47. Where appropriate, we will in our sole discretion, maintain the Software on your CHS Servers.
3.48. You are responsible for all bandwidth and traffic associated with your Server. We will monitor your traffic usage and any spikes that may occur during business hours. However you remain solely responsible for all traffic associated costs. If your Server becomes the target or source of any form of denial of service attack, we reserve the right to disconnect the Server from the network if we find that no other solution is possible at that stage.
3.49. We will not be responsible for your use of any Software that you may install (and any vulnerabilities including traffic generated as per clause 3.48 that may result from the use of the Software). You use the software at your own risk.
Troubleshooting, ad-hoc (intermittent) and emergency work
3.50. Any troubleshooting you request will be charged at our standard hourly rate. If the cause turns out to be due to the gross negligence on our part, these charges will be waived. Our senior management will decide whether or not an act of gross negligence has been committed.
3.51. If you require any ad-hoc (on request) work to be done outside Business hours (as defined in clause 3.57), you must specifically schedule this with us. We will only attend to emergency work outside of Business hours.
3.52. We may invoice you for time spent troubleshooting issues that we find are outside our control that we cannot reasonably be expected to have prevented or solved quickly. Only we may decide what is reasonably within or outside our reasonable control.
CHS service fees
3.53. We have the right to increase the CHS service fees annually following the anniversary of the date we started providing our Services to you (“the Anniversary Date”). We will give you written details of any such increase at least 30 days prior to each Anniversary Date and any amendment or variation of the service fees will be seen as an amendment of Terms of Service. If you object to the increase in the service fees, you can terminate your relationship with us under clause 14 of our Terms of Service.
CHS Support and Service Level Guarantee (SLA)
3.54. The CHS Service is accompanied by our 99.9% network uptime guarantee. SLA claims, as defined in our Terms of Service, are only applicable to the standard, fixed monthly charges. Any ad-hoc time and third party costs (for example hardware, traffic over-usage) are exempt from any form of SLA claim.
3.55. Service disruptions will be attended to within:
15 minutes during business hours; and
60 minutes out of business hours.
(Business hours are Monday to Friday between 08:00 and 17:00, excluding public holidays.)
CHS Hardware Guarantee
3.56. We will try to respond to all CHS problems that specifically relate to Server hardware within 90 minutes of the problem occurring. If we do not resolve the Server problem within 90 minutes or the extended period as we may advise, we will give you a credit equal to one month’s worth of the base hosting fee.
3.57. You must also understand that the Server restore time from a back-up depends on the volume of data to be retrieved, which could result in several hours downtime. In such a case, we are not obliged to give you a credit.
Network Uptime Guarantee
3.58. We guarantee that our network will be available 99.9% of the time in any month, excluding scheduled maintenance. This means that you should not experience network downtime of more than 43 minutes in any month counted from the first day of every month.
Network uptime includes functioning of all network infrastructures, including routers, switches, firewall, and cabling.
Network downtime exists when a Customer is unable to transmit and receive data to and from our Managed Service and is measured according to our CHS monitoring system.
3.59. If network uptime is less than 99.9% (in other words downtime exceeds 43 minutes in a given month), we will credit you 5% of the base monthly fee for every 30 minutes of downtime (up to 100% of your monthly fee for the affected hosting service or Server).
3.60. If you, as a CHS Customer have a High Availability solution as part of the CHS proposal agreement, an additional SLA will be agreed upon in the proposal, signed by you. 3.61. You will not receive any credit:
If there is a degradation of the Service outside our control.
During scheduled maintenance windows.
Should a well formed DDoS attack target your server or hosting infrastructure.
On the happening of a force majeure event or
Where the downtime is due to failure of access circuits to the our network, Domain Name Server issues outside our direct control, DNS propagation, your negligent acts or omissions or outages elsewhere on the Internet that hinder access to your hosting services.
3.62. We are also not responsible for browser or DNS caching that may make your website appear inaccessible when others can still access it. These exclusions will not apply where the problems arise from our Server links to the Internet or our routers.
3.63. If you wish to exercise your right, you must request it by sending an email to us at billing@enryoc.com. Each request must include the dates and times of the network unavailability. The request must be received within 48 hours of the downtime. Only once we confirm the network unavailability according to our monitoring system, will we give you the credits. We will do so within two billing cycles after our receipt of the requests, in accordance with our Refund Policy. Despite anything to the contrary, the total amount credited to you in a particular month will not exceed the total hosting fee you must pay for the month in question.
Cloud Server Specific Terms
Cloud Servers are deployed as requested and based upon infrastructure availability.
All servers and VPS servers share IP and network connectivity unless otherwise specified or requested.
Dedicated IP does not include Dedicated bandwidth.
Dedicated bandwidth needs to include a dedicated IP.
Uplinks are limited to 100Mbps shared connection.  
Upgrades on Uplinks available upon request.
Internet Traffic limits apply to all standard Cloud servers, where accumulated data (inbound and outbound) count towards.
Traffic limits are set at a standard of 1Tb per month, unless otherwise specified or agreed upon.
Traffic over-usage will be charged at R2.60 per GB
Backup and Replication Specific Terms
CHS specified virtual server Daily Scheduled Backups and Replication is set on a disk space quota of 1Tb, thereafter charges will apply for every 1Tb of over usage on the backup infrastructure.  
Backups are stored locally with critical backups also replicated off site to a secondary Datacentre location.  
You are responsible for performing regular backups of your data unless otherwise specified by Enryoc. Enryoc will Replicate Customer Content in accordance with the selections the Customer makes or based upon full server VM backups as specified.   
Enryoc will use commercially reasonable efforts to maintain reliable and redundant infrastructure to store your content in the Enryoc Cloud backup infrastructure and complete selected Replications via the Services within 72 hours subject to delays caused by you or its network or systems or by telecommunications failures, utility outages or the Internet.