Terms of Services

Terms, Suspension and Termination


Customer agrees to a month to month contract term for services unless otherwise agreed to in writing. The month to month contract for services is automatically renewed each month in perpetuity subject to written cancellation by the Customer. Please carefully review the Click Cloud Hosting Services’ cancellation policy set below. Click Cloud Hosting Services may terminate this Agreement upon non-payment as per below. At its sole discretion, Click Cloud Hosting Services may terminate this Agreement if a Customer violates any terms and conditions of the Click Cloud Hosting Services ’s AUP.

Suspension of accounts will happen 7 (seven) Days after the due invoice payment. If an invoice remains unpaid for 30 (thirty) Days, the automated system will terminate the account.


Service Fees

Monthly Fees

Upgrades ordered will be billed pro-rated until the end of the month. If an upgrade is ordered after the 20th of the month the following month’s amount will also be included. Future charges will appear as full monthly fees and billed 14 (fourteen) days before the end of the billing month.


Additional Service Fees

Additional services ordered on the Anniversary Billing Date will be billed for the full month service and will continue each month on the Anniversary Billing Date. Additional services ordered after the normal Anniversary Billing Date will be pro-rated to the next anniversary date and billed as a one time pro-rata charge. Future charges will appear as full monthly fees added to your existing Anniversary Billing Date


One Time Fees

One time fees, such as setup fees, administrative fees, bandwidth overages and late fees are due and payable at the time they are incurred, and agreed upon in writing or via ticket with approval.


Service Credits

Service credits will be issued to your Customer account and shall be used to offset future billable services. Service credits shall not be issued as cash back to the Customer nor are service credits transferable to other account holders.


Cancellation

Because cancellation is automated, The Click Cloud Hosting Services requires a written cancellation notice via the email to accounts@click.na, a minimum of 30 Days before the Anniversary Billing Date for discontinuance or downgrades of month-to-month services. Failure to supply the requisite 30 Days written notice of cancellation will result in a full billable monthly cycle prior to cancellation. All Customer data remaining after the cancellation date will be destroyed for security and privacy reasons, unless otherwise required by law.


Refund Policy

  1. We do honor requests for the refund on the following reasons:
    All Web Hosting (Linux and Windows) plans have a 30 day money back guarantee. In case you are not satisfied with your service for any reason, you will receive a full refund if you cancel your account within 30 days of the activation of your account.
  2. Product not-as-described
    Such issues should be reported to our Technical Support Department within 7 days from the date of the purchase. Clear evidence must be provided proving that the purchased product is not as it is described on the website. Complaints which are based merely on the customer’s false expectations or wishes are not honoured. This guarantee applies to new hosting subscriptions only and NOT for domain registrations or any other services (like Dedicated IP, SSL, etc.). This guarantee applies to Shared Hosting and Reseller Hosting only (and NOT applicable to Dedicated Servers, Virtual Private Server, Domain Registrations).

Setup fees are refundable for the following reasons only:

(1) the account order is canceled prior to activation; or (2) the domain name was not available at the InterNIC.

Policy for Domains :

Domain Name sales are made final at the time of purchase. You are the sole owner of any domain names registered through our services upon payment in full. Should you decide to leave our service for another provider, domain names are transferable and therefore not eligible for refunds.

Changes to registered domain names cannot be made once it has been purchased with a domain registry. It is very important that you verify the spelling of your domain name and have someone else read it as well to ensure it is exactly as expected.

Cancellation & Refund Policy for Dedicated/ Virtual Private Servers :

The following rules apply to cancellation / refund of Dedicated Servers only:

  1. You must request a cancellation BEFORE 15 days of your next renewal date. Failure to request a cancellation before 15 days of renewal will attract next month’s renewal amount to be paid.
  2. No refund will be issued for the current billing cycle.
  3. If you pre-paid for your dedicated or Virtual Private Server, we will refund your future month’s payments as long as you request a cancellation BEFORE 15 days of your next renewal date. Your pro-rata refund amount will start from the beginning of next month’s billing cycle.

Requests for a refund are accepted at billing@physivert.com within the period of 30 days after the order is placed. You should accompany this request with detailed and grounded reasons why you apply for a refund. Please make sure your request does not contradict our Terms and Conditions. However, any refund request that is made after 30 days of the Order, then such a request would not be processed under any circumstance.

Non-Payment

All payments are due in full on the Anniversary Billing Date. Failure to remit payment for services on the monthly anniversary date is a violation of the TOS. Failure to remit payment for five

(5) consecutive days, including the Anniversary Billing Date, shall result in a termination of public access to Customer services. Customer will, however, be permitted access to data and services through the service network. Failure to remit payment for services within seven (7) consecutive days, including the Anniversary Billing Date, shall result in termination of access to the service network and all services shall be reclaimed. A late fee of N$ 150 will be incurred for failure to remit payment for services on or before the monthly Anniversary Billing Date. A N$250 reconnect fee will be incurred for failure to remit payment for services after public access has been disconnected. All Customer data remaining after seven (7) days of non-payment will be destroyed for security and privacy reasons, unless otherwise required by law.

Data

The Click Cloud Hosting Services agrees to use best efforts and commercially reasonable best practices when deploying services related to data integrity, backup, security, and retention. These services include, but are not limited to: hard drive storage, raid hard drive arrays, network attached storage, storage area networks, operating system installs, operating system reloads, customer portal information, and other situations involving customer data. Customer assumes ultimate responsibility for data integrity, retention, security, backup, and ownership. In the event that The Click Cloud Hosting Services handles Customer data, i.e. when replacing hard drives, The Click Cloud Hosting Services will act in accordance with PCI guidelines to ensure data is securely handled.

Identity Use

Customer agrees to use the The Click Cloud Hosting Services logo, The Click Cloud Hosting Services information, and related services in accordance with The Click Cloud Hosting Services ’s approved marketing guidelines. The Click Cloud Hosting Services agrees not to use Customer name, logos, or information without prior written consent of Customer.

Permitted Use

By accepting the Master Service Agreement, Customer agrees to use The Click Cloud Hosting Services ’s services solely for their intended purposes. CUSTOMER SPECIFICALLY AGREES NOT TO TAMPER WITH, MAKE DERIVATIVE WORKS OF, REVERSE COMPILE, REVERSE ENGINEER AND/OR DISASSEMBLE ANY OF The Click Cloud Hosting Services ’S SOFTWARE OR FILES. If Customer violates or exceeds the Permitted Use, The Click Cloud Hosting Services reserves the right to immediately terminate Customer’s account and will pursue any and all legal remedies available.

Laws

Customer agrees to abide by all local, state, and federal laws pursuant to services delivered in Windhoek, Republic of Namibia. Proper venue for legal remedies shall be Windhoek, Republic of Namibia. All contract terms found herein shall be governed by the Namibian Law may be applicable.

Indemnification

Customer agrees to indemnify and hold harmless The Click Cloud Hosting Services affiliates, and each of its respective officers, directors, attorneys, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys’ fees) brought by a third party under any theory of legal liability arising out of or related to Customer’s content and/or alleged infringement or misappropriation of a third party’s copyright, trade secret, patent, trademark, or other proprietary right.

Limitation of Liability

Except as described in the SLA, The Click Cloud Hosting Services shall not be liable to Customer for harm caused by or related to Customer’s services or inability to utilize the services unless caused by gross negligence or willful misconduct. Neither Party shall be liable to the other for lost profits, direct or indirect, special or incidental, consequential or punitive, or damages of any kind whether or not they were known or should have been known. Notwithstanding anything else in this Master Service Agreement, the maximum aggregate liability of The Click Cloud Hosting Services and any of its employees, agents or affiliates, under any theory of law shall not exceed the amount paid by the Customer for hosting services for the six months prior to the occurrence of the event(s) giving rise to the claim.

Arbitration

Any controversy or claim arising from service or related to this Master Service Agreement or breach therein in excess of N$500.00 shall be settled by arbitration in accordance with the ACT 42 OF 1965 within the laws of Namibia. The resulting judgment rendered by a licensed arbitrator may be entered in any court having valid jurisdiction

Electronic Signature

Acceptance by Customer of the Master Service Agreement incorporating the Terms of Service, Acceptable Use Policy, Service Level Agreement and Privacy Agreement hereby initiates billable services and is deemed complete by agreement to the terms as described on the online signup form(s) and completion of the ordering process.