PalmHost Terms and Conditions
Last Updated: 28 March 2025
These Terms and Conditions (the “Agreement”) govern the subscription to and use of services provided by PalmHost (“PalmHost,” “we,” “our”), a sole proprietorship. By subscribing to or otherwise using the Services (as defined below), the Customer (“you” or “your”) agrees to be bound by this Agreement, any applicable Service Terms, and all policies referenced herein. In the event of any conflict between these General Terms and any specific Service Terms, the specific Service Terms shall prevail.
1. Introduction
1.1. Scope. This Agreement sets forth the general terms and conditions applicable to all services provided by PalmHost, including, without limitation, web hosting, email hosting, hosting for web designers, web design, and domain registration services. It also applies to the use of all PalmHost-managed platforms and interfaces, including but not limited to the billing portal at clientzone.palmhost.co.za and control panel access via panel.palmhost.co.za. All specific terms, addenda, or policies incorporated herein form an integral part of this Agreement.
1.2. Acceptance. By subscribing to any of PalmHost’s Services, you acknowledge that you have read, understood, and agreed to be bound by this Agreement and all modifications which may be made periodically.
2. Business Information
2.1. Business Structure. PalmHost is a sole proprietorship operating under the trade name “PalmHost.” Registered owner details are not publicly disclosed.
2.2. Contact. All communications under this Agreement shall be addressed to the contact information provided on PalmHost’s website.
3. Definitions
3.1. Agreement. “Agreement” means this document, any applicable Service Terms, and all policies and addenda referenced herein, as amended from time to time.
3.2. Customer. “Customer” means the individual or entity entering into this Agreement with PalmHost and includes all individuals who use the Service on behalf of the Customer.
3.3. Services. “Services” includes (without limitation) web hosting on shared LiteSpeed servers, email hosting, specialised hosting packages for web designers, web design services and domain registration services facilitated through a reseller arrangement.
3.4. Fees. “Fees” means all amounts charged for the provision of the Services as published on the PalmHost website or otherwise communicated in writing.
3.5. Confidential Information. “Confidential Information” means all proprietary data and information provided by either party that is designated as confidential or that reasonably ought to be treated as confidential.
3.6. Malicious Code. “Malicious Code” refers to any code, virus, worm, Trojan, or similar software intended to cause damage or disrupt the operation of a computer system.
3.7. Personal Information. “Personal Information” means any information relating to an identifiable natural person, including contact details and any other information required to comply with applicable data protection laws, including POPIA.
3.8. Good Industry Practice. “Good Industry Practice” signifies the degree of skill, diligence, and prudence that may reasonably be expected from a competent provider of services similar to those offered by PalmHost.
4. Appointment and Initiation of Services
4.1. Application and Acceptance. (a) Each application for subscription to a Service (“Application”) is submitted by you and constitutes an offer to enter into a contract with PalmHost. (b) PalmHost reserves the right to accept or reject any Application at its sole discretion. (c) Each subscription shall be deemed a separate contract under this Agreement.
4.2. Conditions Precedent. Provision of any Service is subject to PalmHost’s verification of technical feasibility, accuracy of the information provided, and any additional assurances it may reasonably require.
5. Commencement, Suspension, and Termination
5.1. Commencement. This Agreement becomes effective on the date you register for or otherwise subscribe to a Service.
5.2. Term. Unless otherwise specified in the Service Terms, Services are provided on a month-to-month basis. Renewal is automatic unless the Customer provides written notice of cancellation at least one calendar month prior to the renewal date.
5.3. Suspension and Termination. PalmHost may suspend or terminate your Service without notice for any of the following reasons:
Breach of this Agreement or any applicable policies.
Failure to pay Fees when due.
Provision of false or inaccurate information.
Conduct detrimental to PalmHost, its staff, or other customers.
5.4. Effects of Termination. (a) Termination shall not relieve you of any obligation to pay outstanding Fees. (b) PalmHost shall have no liability for any loss of data or other damages resulting from termination. (c) Any prepaid Fees for future periods are non-refundable, except as expressly provided in PalmHost’s refund policy.
6. Description of Services
6.1. General Service Provisions
6.1.1. Basis of Service. PalmHost offers its Services on a best-effort basis. While we strive for high levels of uptime (targeting 99.9%), no absolute guarantees are made regarding throughput, service latency, or uninterrupted availability.
6.1.2. Modifications. PalmHost reserves the right to modify, suspend, or discontinue any Service (or any part thereof) with reasonable notice where practicable.
6.2. Service-Specific Terms
6.2.1. LiteSpeed Hosting
(a) Scope: Designed for personal, small, and medium-sized businesses. (b) Usage Restrictions: Disk space is limited to website content, emails, and system files. General file storage, file sharing, or archiving unrelated to website content is strictly prohibited. (c) Performance Impact: PalmHost reserves the right to suspend, deactivate, or upgrade the Customer’s hosting package if usage degrades the shared environment.
6.2.2. Email Hosting
(a) Provision: Provides secure, feature-rich email services using custom domain names. (b) Data Backup: The Customer is solely responsible for backing up email data. (c) Modifications: PalmHost may revise email hosting features, pricing, or storage limits with reasonable notice.
6.2.3. Hosting for Web Designers
(a) Scope: Tailored for web designers and developers managing client websites. (b) Responsibility: The Customer is responsible for managing access and client data backup. (c) Service Adjustments: PalmHost reserves the right to suspend or upgrade the Service if required to maintain the integrity of the shared hosting environment.
6.2.4. Domain Registration Services
(a) Nature of Service: PalmHost facilitates domain registration via a reseller arrangement with accredited registrars. (b) Registration Term: Domains are registered for one-year terms with renewal options. (c) Ownership and Cancellation: (i) Domains paid for by Customers remain their property; free domains provided as part of a hosting package remain property of PalmHost until any stipulated hosting period (e.g., 12 months) is completed. (ii) Cancellation and transfer procedures shall be governed by both this Agreement and the policies of the applicable registrar.
6.2.5. Web Design Services
(a) Scope of Service: PalmHost offers custom web design tailored to the Client’s business goals and branding. Services may include layout design, content integration, basic SEO setup, responsive formatting, and deployment to a hosting environment.
(b) Client Responsibilities: The Client agrees to provide all necessary content, branding assets (e.g., logos, images, and text), and feedback in a timely manner. Delays in content delivery or approvals may affect project timelines.
(c) Revisions: The Client is entitled to three (3) rounds of design revisions as part of the project. Additional revisions beyond this limit will be quoted separately based on the scope and time required.
(d) Ownership and Rights:
For once-off web design projects, full ownership of the website content and layout transfers to the Client upon full payment, excluding any third-party components or licensed tools used.
For web design subscription plans, PalmHost retains ownership of the website for the duration of the subscription. The website remains active and accessible only while the Client’s subscription is current. If payment lapses, the website will be taken offline until payments resume.
(e) Timelines and Delivery: Estimated completion times are provided as guidelines and may vary depending on the Client’s responsiveness. PalmHost is not liable for delays caused by factors outside its control.
(f) Maintenance and Updates: Ongoing technical maintenance is included in all active web design packages. Content updates (e.g., text or image changes) are not included and will be quoted separately depending on the complexity and turnaround time required.
7. Customer Duties and Acceptable Use
7.1. Compliance. You agree to use the Services in strict compliance with South African law, as well as any applicable international regulations.
7.2. Prohibited Activities. The Customer shall not:
Allow unauthorised third parties access to the Services.
Host or distribute content that is illegal, infringes on intellectual property rights, or violates public policies (including pornography, hate speech, incitement to violence, etc.).
Engage in any activity that may introduce Malicious Code or otherwise harm PalmHost’s systems or other customers.
7.3. Accurate Information. You warrant that all information provided to PalmHost is accurate and will be promptly updated if it changes.
8. Payment Terms
8.1. General Billing
8.1.1. Subscription Options. Services are offered on a monthly, quarterly, bi-annual, and annual billing cycle. Fees are billed in advance based on the Customer’s chosen plan.
8.1.2. Commencement of Billing. Billing begins on the date the Service is activated, with pro-rata charges applicable for any partial month.
8.2. Payment Obligations and Methods
8.2.1. Methods and Due Dates. Payments must be made by credit card, debit card, or electronic funds transfer (EFT) on or before the invoice due date.
8.2.2. Late Payments.
Accounts overdue by seven (7) days may be suspended.
Accounts overdue by thirty (30) days will be terminated, and any lost data may not be recoverable.
8.2.3. Billing Disputes. Any disputes regarding invoices must be submitted in writing. PalmHost will address such disputes within fourteen (14) business days.
8.2.4. Fees Amendment. PalmHost reserves the right to change Fees with a minimum of thirty (30) days’ notice.
9. Security and Data Protection
9.1. Security Measures. PalmHost will implement security measures in line with Good Industry Practice; however, we do not guarantee that unauthorised access or security breaches will not occur.
9.2. Customer Responsibilities. You are solely responsible for the security of your systems and for maintaining regular backups of all data. PalmHost shall not be liable for any data loss incurred.
9.3. Notification and Response. In the event of a suspected security breach, you must immediately notify PalmHost. PalmHost may take necessary remedial actions—including changing access credentials or suspending account access—to protect the integrity of its systems.
9.4. Data Deletion. Upon termination of Services, PalmHost shall delete all Customer data from its servers. It is the Customer’s responsibility to retain local copies prior to termination.
10. Intellectual Property Rights
10.1. Ownership. All intellectual property rights (including copyrights, trademarks, patents, and trade secrets) in PalmHost’s software, systems, documentation, and related materials remain the exclusive property of PalmHost or its licencors.
10.2. License. You are granted a non-exclusive, non-transferable license to use such intellectual property solely for the purpose of receiving the Services.
10.3. Restrictions. You agree not to reverse engineer, disassemble, or otherwise tamper with any part of PalmHost’s software or related materials.
10.4. Third-Party Materials. Any third-party materials used in connection with the Services are subject to separate license terms which you must adhere to.
11. Representations and Warranties
11.1. Representations and Warranties by PalmHost
11.1.1. Authority and Capacity. PalmHost represents and warrants that it has the authority to provide the Services and will do so in accordance with applicable laws, including POPIA.
11.1.2. Disclaimer. Except as expressly set forth in this Agreement, PalmHost disclaims all implied warranties, including those of merchantability and fitness for a particular purpose.
11.2. Representations and Warranties by the Customer
11.2.1. Authority. You represent and warrant that you have the necessary power and authority to enter into this Agreement and that your use of the Services does not conflict with any other agreement or legal obligation.
11.2.2. Accuracy. You warrant that all information provided to PalmHost is accurate, and any material changes to such information will be communicated promptly.
12. Limitation of Liability and Indemnification
12.1. Limitation of Liability
12.1.1. Exclusion of Damages. Under no circumstances shall PalmHost be liable for any direct, indirect, incidental, consequential, or punitive damages arising out of or in connection with the Services, including, but not limited to, any loss of data, revenue, or goodwill.
12.1.2. Cap on Liability. In any event, PalmHost’s total liability under this Agreement shall not exceed the total Fees paid for the Service during the three (3) months preceding the incident giving rise to the claim.
12.2. Indemnification
12.2.1. Customer Indemnity. You agree to indemnify, defend, and hold harmless PalmHost, its officers, employees, and affiliates from and against any claims, damages, or expenses (including reasonable attorneys’ fees) arising out of or related to your breach of this Agreement or unlawful use of the Services.
13. Force Majeure
13.1. Exemption. PalmHost shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure is due to circumstances beyond its reasonable control, including but not limited to natural disasters, government enactments, failures of third-party service providers, or acts of God.
13.2. Cyber Threats. Events such as Distributed Denial-of-Service (DDoS) attacks or other cyber incidents that impair Service infrastructure shall be deemed Force Majeure events.
14. Dispute Resolution
14.1. Internal Escalation. In the event of any dispute relating to this Agreement, the parties shall first seek resolution through informal discussions between their respective chief operating officers or designated representatives and endeavor to settle the dispute amicably within five (5) business days.
14.2. Jurisdiction. If an amicable resolution is not achieved, the dispute shall be resolved exclusively by the courts of the Republic of South Africa, and you hereby consent to the jurisdiction of the Magistrates Court, with PalmHost reserving the right to institute proceedings in the High Court.
15. General Provisions
15.1. Amendments. PalmHost reserves the right to modify or update this Agreement at any time. Significant changes will be communicated via email or posted on our website. Continued use of the Services after such amendments constitutes your acceptance of the revised terms.
15.2. Waiver and Severability. (a) No waiver of any right or provision under this Agreement shall be deemed a waiver of any other right or provision. (b) If any provision of this Agreement is determined to be invalid or unenforceable in any jurisdiction, the remaining provisions shall continue in full force and effect.
15.3. Assignment. You may not assign or transfer your rights or obligations under this Agreement without the prior written consent of PalmHost.
15.4. Notices. All notices required or permitted under this Agreement shall be in writing and delivered via email or through our designated support system. Notices shall be deemed given when sent, provided that your contact details are correct and kept up-to-date.
15.5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa. You irrevocably consent to the jurisdiction of the South African courts for any dispute arising under this Agreement.
16. Consumer Protection
16.1. Application of the CPA. PalmHost operates on a prepaid services model, and as such, most Consumer Protection Act (“CPA”) provisions shall not apply unless the applicable transaction involves credit or other financial products. In cases where the CPA is applicable, you warrant that all declared asset values and financial information are accurate.
17. Entire Agreement
17.1. Integration. This Agreement, together with any specific Service Terms and policies referenced herein, constitutes the entire agreement between you and PalmHost concerning the Services and supersedes all prior understandings, representations, or agreements, whether written or oral.
