PalmHost Terms and Conditions

Last Updated: May 2026

These Terms and Conditions (the “Agreement”) govern the subscription to and use of services provided by PalmHost and its dedicated web design division, PalmWeb (collectively “PalmHost,” “we,” “our”). By subscribing to or otherwise using the Services (as defined below), the Customer (“you” or “your”) agrees to be bound by this Agreement. 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, Managed Hosting, Email Hosting, Web Design (Once-Off and Subscriptions via PalmWeb), and Domain Registration services. It also applies to the use of all PalmHost-managed platforms and interfaces.

1.2. Incorporation by Reference. This Agreement explicitly incorporates by reference the PalmHost Privacy Policy, Refund Policy, and Fair Usage Policy. Acceptance of this Agreement constitutes acceptance of all incorporated policies.

2. Business Information

2.1. Business Structure. PalmHost is a digital infrastructure provider operating from Margate, KwaZulu-Natal, South Africa.

2.2. Contact. All communications under this Agreement shall be addressed to the contact information provided on the PalmHost website or via the official client portal.

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.

3.3. Services. “Services” includes (without limitation) shared cPanel Web Hosting, Managed Web Hosting environments, dedicated Email Hosting, Web Design services, and Domain Registration.

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. Personal Information. “Personal Information” means any information relating to an identifiable natural person, managed strictly in compliance with the Protection of Personal Information Act (POPIA).

4. Appointment and Initiation of Services

4.1. Application and Acceptance. Each application for subscription is an offer to enter into a contract. PalmHost reserves the right to accept or reject any Application at its sole discretion based on technical feasibility or fraud prevention checks.

4.2. Conditions Precedent. Provision of any Service is subject to PalmHost’s verification of accurate information and secure payment processing.

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, Services are provided on a month-to-month basis. Renewal is automatic unless written notice of cancellation is provided 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:

5.4. Effects of Termination. Termination shall not relieve you of the obligation to pay outstanding Fees. PalmHost shall have no liability for data loss resulting from suspension or termination.

6. Description of Services & Usage Policies

6.1. General Support Boundaries

(a) Server vs. Local IT Support: PalmHost provides free technical support strictly limited to server-side infrastructure, control panel accessibility, and hosting environment stability.

(b) Paid IT Assistance: Local IT support, including but not limited to configuring third-party email clients (e.g., Microsoft Outlook, Apple Mail, smartphones) on personal devices, is entirely excluded from standard hosting support. Such assistance requires the purchase of the “Remote Email Configuration” add-on.

6.2. Web Hosting & Managed Hosting

(a) Resource Usage: Hosting environments are designed exclusively for website content, databases, and associated emails. General file storage, media archiving, or high-CPU activities are strictly prohibited. PalmHost reserves the right to suspend accounts that degrade server performance for other users.

(b) Managed Hosting Exclusions: Managed hosting covers server optimisation, proactive security, and safe software/plugin updates. It does not include ongoing design or content changes unless explicitly included in your specific subscription tier.

6.3. Email Hosting & Sending Limits

(a) Delivery Limits: To protect our server IP reputation and guarantee deliverability, all standard hosting and email packages are strictly limited to sending a maximum of 200 emails per hour, per domain.

(b) Mass Marketing: Utilising PalmHost mail servers for bulk newsletter distribution or spamming is prohibited. Such activities require a dedicated third-party SMTP relay service.

(c) Data Backup: While PalmHost performs automated system backups, the Customer is ultimately responsible for maintaining independent, local backups of critical email data.

6.4. Domain Registration Services

(a) Free Domain Allocation: Free .co.za domain registrations are only applicable for the first year when a Customer purchases an annual Web Hosting subscription upfront. Month-to-month hosting plans do not qualify for free domains.

(b) Ownership: Domains paid for by the Customer remain their legal property. Domains registered for free as part of an annual promotion are bound to the completion of that 12-month term.

6.5. Web Design Services (PalmWeb)

(a) Once-Off Projects: For once-off web design projects, full ownership of the website content and layout transfers to the Client upon full final payment.

(b) Subscription / Website as a Service (WaaS): For web design subscription plans, PalmHost retains full intellectual property and ownership of the website layout, structure, and design. The Client is renting the digital asset. If the subscription is cancelled or payment lapses, the website will be taken offline, and the Client may not migrate the WordPress files, Elementor layouts, or design framework to another host unless a buyout fee is negotiated.

7. Customer Duties and Acceptable Use

7.1. Compliance. You agree to use the Services in strict compliance with South African law.

7.2. Prohibited Activities. You shall not host content that is illegal, infringes on IP rights, violates public policies, or introduces Malicious Code.

8. Payment Terms

8.1. Subscription Options. Fees are billed in advance based on the Customer’s chosen cycle.

8.2. Late Payments. Accounts overdue by seven (7) days may be suspended. Accounts overdue by thirty (30) days will be terminated, resulting in irreversible data loss.

8.3. Refunds. Domain registrations, setup fees, and completed web design services are strictly non-refundable as outlined in our Refund Policy.

9. Security and Data Protection

9.1. Security Measures. PalmHost implements security measures in line with Good Industry Practice. However, we do not guarantee that unauthorised access will never occur.

9.2. Customer Responsibilities. You are solely responsible for the security of your CMS (e.g., WordPress) passwords and local systems.

9.3. Data Privacy. PalmHost collects and processes Personal Information strictly in accordance with the Protection of Personal Information Act (POPIA), used solely for billing, service delivery, and legal compliance.

10. Intellectual Property Rights

All intellectual property rights in PalmHost’s server configurations, WaaS templates, and related materials remain the exclusive property of PalmHost. You agree not to reverse engineer or tamper with any part of PalmHost’s infrastructure.

11. Representations and Warranties

Except as expressly set forth in this Agreement, PalmHost disclaims all implied warranties, including those of merchantability and fitness for a particular purpose. Services are provided on a “best-effort” basis.

12. Limitation of Liability and Indemnification

12.1. Exclusion of Damages. Under no circumstances shall PalmHost be liable for any direct, indirect, incidental, consequential, or punitive damages (including loss of data or revenue) arising from service interruptions, DDoS attacks, or third-party software failures.

12.2. Cap on Liability. PalmHost’s total liability shall not exceed the total Fees paid for the Service during the three (3) months preceding the incident.

12.3. Indemnification. You agree to indemnify and hold harmless PalmHost from claims arising out of 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, load shedding, upstream provider failures, or acts of God.

13.2. Cyber Threats. Events such as Distributed Denial-of-Service (DDoS) attacks or other malicious 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, the parties shall first seek resolution through informal discussions and endeavour 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. You hereby consent to the jurisdiction of the Magistrates Court in KwaZulu-Natal, 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. Continued use of the Services after such amendments constitutes your acceptance of the revised terms.

15.2. Severability. If any provision of this Agreement is determined to be invalid or unenforceable, 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.

15.5. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the Republic of South Africa.

16. Consumer Protection (CPA)

PalmHost operates primarily on a prepaid services model. In cases where the Consumer Protection Act (CPA) is applicable, standard cancellation notice periods and reasonable cancellation penalties regarding custom-built digital goods apply.

17. Entire Agreement

This Agreement, together with the incorporated Privacy Policy, Refund Policy, and Fair Usage Policy, constitutes the entire agreement between you and PalmHost concerning the Services and supersedes all prior understandings or representations.