Hosting T’s & C’s

General

The Gaia Connect Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

 

Neither Gaia Connect, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Gaia Connect’ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Gaia Connect Server service, unless otherwise expressly stated in this Agreement.

 

Gaia Connect expressly limits its damages to the Client for any non-accessibility time or other down time during the system unavailability. Gaia Connect specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

 

Gaia Connect is not responsible if an external company network and firewall is setup to block access to services Gaia Connect provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Gaia Connect provides it is the client’s responsibility to ensure that their network configurations are changed as necessary. Gaia Connect endeavours to keep a 7 day backup of the domain, the backup is of the last 7 days content only. It is advised that an off-site back up is kept up to date by the client as the Gaia Connect backup cannot be guaranteed.

 

On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client’s responsibility to ensure that the transfer request from Gaia Connect is accepted and to advise Gaia Connect of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

 

Gaia Connect may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes.

 

The Acceptable Use Policy can be found here.
By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

 
 

Cloud Hosting

 

Gaia Connect deploys all new Cloud Servers with VMTools and Veloxum Agent pre-loaded. VMTools and Veloxum Agent are integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMTools and Veloxum Agent must be running at all times, as this will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other client’s virtual servers.

 

Gaia Connect strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of our Terms & Conditions (contrary to the intended use of the product).

 

Gaia Connect may also, at its discretion, restrict servers to 200 IOPS (Input Output Operations Per Second) where a client’s use of available virtual resources is negatively affecting the overall environment. Gaia Connect reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion.

 

Cloud Hosting services are fully managed by the client and Gaia Connect does not offer any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the client who purchased the cloud hosting service.

 

The Acceptable Use Policy can be found here.
By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

 
 

Domain Registrations

 

Gaia Connect has not and does not conduct pre-registration searches in respect of the client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client/client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar. Domain registrations are billed on an annual basis two (2) months in advance e.g. if the original registration date was on the 15th of March 2013 you will be billed your annual registration fee on the 1st of January 2014.

 

The client acknowledges that the use or registration of the Domain Name by the client must not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that the client has the right to use the Domain Name.

 

Gaia Connect cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, the client acknowledges that Gaia Connect may be presented with evidence that a Domain Name registered by its client violates the rights of a third party. In such instance Gaia Connect shall be allowed to provide a complainant with the client’s name and address and all further communication will exclude Gaia Connect and Gaia Connect will have no further obligations to the client. In such instances the client shall be entitled to continue using the Domain Name registered by Gaia Connect until a court or other body with jurisdiction directs otherwise.

 

Gaia Connect will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the client’s selected domain names/s OR ANY ACTION TAKEN BY Gaia Connect IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

 

The client hereby indemnifies Gaia Connect against any loss whatsoever arising from any dispute or claim or other action occasioned by the client’s use and registration of its selected Domain Name, even if Gaia Connect has been advised of the possibility of such damages. Gaia Connect will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

 

Failure to pay the annual renewal fee or failing to respond to a renewal notification from Gaia Connect will result in the domain name been deleted which will result in the domain becoming available to the public to register. Additional fees may apply to redeem a domain which has entered the deletion process.

 

Please note: The free .co.za domain registration is only applicable if you select a domain with a Linux or Windows shared hosting package. This offer does not apply to our parked domain or self managed hosting packages. After 10 months, you will be billed for the annual renewal of your domain, should you decide to retain the domain. During this free 10 month period, you will not be able to transfer the domain away from Gaia Connect.

 

Also note that the registration email address will be automatically update to the email address from your profile on renewal.

General

The Gaia Connect Hosting environment is offered without uptime guarantees, unless specifically stated. Local Hosting refers to the physical location, and not the IP traffic and/or network routing. This means that the hosting servers are physically located within the boundaries of South Africa. International Hosting refers to servers physically hosted outside the boundaries of South Africa.

 

Neither Gaia Connect, its employees, affiliates, agents, third party information providers, merchants, licensers or the like, warrant that Gaia Connect’ Server service will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Server service or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through the Gaia Connect Server service, unless otherwise expressly stated in this Agreement.

 

Gaia Connect expressly limits its damages to the Client for any non-accessibility time or other down time during the system unavailability. Gaia Connect specifically denies any responsibilities for any damages arising as a consequence of such unavailability.

 

Gaia Connect is not responsible if an external company network and firewall is setup to block access to services Gaia Connect provides. If a client’s network is setup to block certain ports or web addresses that compromise the services Gaia Connect provides it is the client’s responsibility to ensure that their network configurations are changed as necessary. Gaia Connect endeavours to keep a 7 day backup of the domain, the backup is of the last 7 days content only. It is advised that an off-site back up is kept up to date by the client as the Gaia Connect backup cannot be guaranteed.

 

On application and payment for the transfer of a hosting a service the domain space is reserved on our hosting server. It is the client’s responsibility to ensure that the transfer request from Gaia Connect is accepted and to advise Gaia Connect of any delays. The client will be billed for the reserved hosting space regardless of the domain being transferred or not unless cancelled.

 

Gaia Connect may at times, revise or amend its current Unlimited Web Traffic offerings relating to traffic allocations and disk sizes.

 

The Acceptable Use Policy can be found here.
By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

 
 

Cloud Hosting

 

Gaia Connect deploys all new Cloud Servers with VMTools and Veloxum Agent pre-loaded. VMTools and Veloxum Agent are integral to the smooth running of virtual servers, including managing resources and smooth and safe rebooting. VMTools and Veloxum Agent must be running at all times, as this will severely affect the performance of the server, and efficiency of the core controllers i.e. affecting other client’s virtual servers.

 

Gaia Connect strictly forbids the creation of nested VM’s, or virtual instances within a virtual server. This severely degrades overall performance and will be treated as a violation of our Terms & Conditions (contrary to the intended use of the product).

 

Gaia Connect may also, at its discretion, restrict servers to 200 IOPS (Input Output Operations Per Second) where a client’s use of available virtual resources is negatively affecting the overall environment. Gaia Connect reserves the right to suggest suitable alternatives to the client and / or charge for excessive traffic as it deems necessary, at its sole discretion.

 

Cloud Hosting services are fully managed by the client and Gaia Connect does not offer any additional support on these services. All changes, backups, additions, updates, monitoring and maintenance are the responsibility of the client who purchased the cloud hosting service.

 

The Acceptable Use Policy can be found here.
By accepting the Terms and Conditions, you also agree to the afore-mentioned AUP.

 
 

Domain Registrations

 

Gaia Connect has not and does not conduct pre-registration searches in respect of the client’s use and registration of its selected Domain Name/s and is therefore not obliged to either advise the Domain Name client/client about possible conflicting third party rights or to take steps to ensure against possible disputes concerning a third party’s intellectual property or other rights. Domain Names are registered by the respective Registrars on a first come first served basis we are therefore unable to guarantee that the domain name applied for will be available when the instruction is sent to the Registrar. Domain registrations are billed on an annual basis two (2) months in advance e.g. if the original registration date was on the 15th of March 2013 you will be billed your annual registration fee on the 1st of January 2014.

 

The client acknowledges that the use or registration of the Domain Name by the client must not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service mark, trade name, company name, close corporation name, copyright nor any other intellectual property right, and that the client has the right to use the Domain Name.

 

Gaia Connect cannot act as an arbiter of disputes arising out of the registration and use of Domain Names. At the same time, the client acknowledges that Gaia Connect may be presented with evidence that a Domain Name registered by its client violates the rights of a third party. In such instance Gaia Connect shall be allowed to provide a complainant with the client’s name and address and all further communication will exclude Gaia Connect and Gaia Connect will have no further obligations to the client. In such instances the client shall be entitled to continue using the Domain Name registered by Gaia Connect until a court or other body with jurisdiction directs otherwise.

 

Gaia Connect will not be liable for any loss or damage, interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or indirectly, to the use and/or registration of the client’s selected domain names/s OR ANY ACTION TAKEN BY Gaia Connect IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.

 

The client hereby indemnifies Gaia Connect against any loss whatsoever arising from any dispute or claim or other action occasioned by the client’s use and registration of its selected Domain Name, even if Gaia Connect has been advised of the possibility of such damages. Gaia Connect will not be liable for any indirect or consequential loss, damage, cost or expense of any kind, irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise, including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.

 

Failure to pay the annual renewal fee or failing to respond to a renewal notification from Gaia Connect will result in the domain name been deleted which will result in the domain becoming available to the public to register. Additional fees may apply to redeem a domain which has entered the deletion process.

 

Please note: The free .co.za domain registration is only applicable if you select a domain with a Linux or Windows shared hosting package. This offer does not apply to our parked domain or self managed hosting packages. After 10 months, you will be billed for the annual renewal of your domain, should you decide to retain the domain. During this free 10 month period, you will not be able to transfer the domain away from Gaia Connect.

 

Also note that the registration email address will be automatically update to the email address from your profile on renewal.