Terms and Conditions
## 1. Introduction
These Terms and Conditions ("Terms") govern your access to and use of hosting, domain, and related digital infrastructure services ("Services") provided by **XenoLabs Software (Pty) Ltd** ("XenoLabs", "we", "us", or "our"), a private company registered in the Republic of South Africa.
By creating an account, placing an order, or using any of our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms. If you do not agree, you must not use our Services.
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## 2. Services
XenoLabs provides web hosting, domain registration, server management, SSL certificates, and related digital infrastructure services through the Client Area at hosting.xenolabs.co.za.
### 2.1 Service Availability
We target 99.9% network uptime for hosting services, excluding scheduled maintenance. Scheduled maintenance will be communicated at least 24 hours in advance where operationally feasible.
### 2.2 Service Modifications
We reserve the right to modify, suspend, or discontinue any part of the Services at our reasonable discretion. We will provide reasonable advance notice of significant changes where possible.
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## 3. Account Registration
To use our Services, you must:
- Be at least 18 years of age, or have the consent of a parent or legal guardian - Provide accurate, current, and complete registration information - Maintain the security and confidentiality of your account credentials - Promptly notify us of any unauthorised access to your account - Keep your contact and billing information up to date
You are solely responsible for all activity that occurs under your account, whether or not authorised by you.
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## 4. Payment and Billing
### 4.1 Fees
All fees are displayed in your Client Area at the time of order. Prices are in South African Rand (ZAR) unless otherwise stated, and exclude VAT where applicable. VAT will be added at the prevailing South African rate where required.
### 4.2 Billing Cycle
Services are billed in advance on a monthly or annual cycle as selected during checkout. Renewal invoices are generated automatically prior to the service expiry date.
### 4.3 Late Payment
Invoices unpaid within 7 days of the due date may result in service suspension. Services suspended for non-payment that remain unpaid for a further 14 days may be terminated and data permanently deleted.
### 4.4 Refunds
New shared hosting accounts are eligible for a full refund within 7 days of initial purchase. Domain registrations, SSL certificates, setup fees, and dedicated resources are non-refundable once provisioned.
### 4.5 Payment Gateway
Payments are processed securely through **PayFast**, a PCI-DSS compliant payment gateway licensed to operate in South Africa. XenoLabs does not store your card or banking details — all payment data is handled exclusively by PayFast in accordance with their terms and privacy policy available at [payfast.io](https://www.payfast.io). Accepted payment methods include credit/debit cards, instant EFT, and other methods made available by PayFast from time to time.
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## 5. Acceptable Use Policy
You agree not to use our Services to:
- Store, host, or transmit content that is unlawful, defamatory, obscene, or infringing of any third-party intellectual property rights - Send unsolicited bulk email (spam), conduct phishing campaigns, or engage in any form of email abuse - Conduct distributed denial-of-service (DDoS) attacks or any activity that disrupts or degrades network infrastructure - Mine cryptocurrency or operate resource-intensive computational workloads without prior written approval from XenoLabs - Attempt to gain unauthorised access to any system, network, or data - Upload, store, or transmit malware, ransomware, trojan software, or any other malicious code - Violate any applicable South African law, including the Electronic Communications and Transactions Act (ECT Act) and the Cybercrimes Act
Violation of this policy may result in immediate account suspension or termination without refund.
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## 6. Resource Usage
Shared and entry-level hosting plans are subject to fair-use resource limits. Accounts that consistently consume excessive CPU, RAM, I/O, or bandwidth beyond what is reasonable for the plan tier may be required to upgrade, throttled, or suspended pending resolution.
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## 7. Data and Backups
### 7.1 Ownership
You retain full ownership of all content and data you upload or store on our infrastructure. You grant XenoLabs a limited, non-exclusive licence to store and process such data solely to provide and maintain the Services.
### 7.2 Backups
XenoLabs performs periodic server-level backups as a best-effort courtesy service. However, **you are solely responsible for maintaining independent backups of your data.** XenoLabs does not guarantee backup availability or successful restoration, and shall not be liable for any loss arising from failure to backup or restore data.
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## 8. Privacy and POPIA Compliance
Your use of the Services is subject to our [Privacy Policy](https://xenolabs.co.za/privacy_policy/), which is incorporated into these Terms by reference. XenoLabs processes personal information in compliance with the Protection of Personal Information Act, 4 of 2013 (POPIA). Our Information Officer can be reached at legal@xenolabs.co.za.
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## 9. Intellectual Property
All software, designs, trademarks, service names, and content provided by XenoLabs as part of or in connection with the Services are the exclusive intellectual property of XenoLabs Software (Pty) Ltd or its licensors. Nothing in these Terms transfers any intellectual property rights to you, and you may not reproduce, distribute, or create derivative works without our express written consent.
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## 10. Limitation of Liability
To the maximum extent permitted by applicable South African law:
- XenoLabs shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunity - Our aggregate liability for any claim shall not exceed the total amount you paid for the Services in the 30-day period immediately preceding the event giving rise to the claim - XenoLabs is not liable for losses caused by third-party service failures, force majeure events, or circumstances outside our reasonable control
Nothing in these Terms limits our liability for fraud, gross negligence, or wilful misconduct.
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## 11. Indemnification
You agree to indemnify, defend, and hold harmless XenoLabs Software (Pty) Ltd and its directors, employees, contractors, and agents from and against any claims, losses, damages, liabilities, and expenses (including reasonable legal fees) arising out of your use of the Services, your violation of these Terms, or your infringement of any third-party rights.
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## 12. Termination
### 12.1 By You
You may cancel any Service at any time through the Client Area. Cancellations take effect at the end of the current billing period unless the cancellation is due to our material breach of these Terms.
### 12.2 By XenoLabs
We may suspend or terminate your account with immediate effect if you violate these Terms, fail to pay for Services when due, or if we are required to do so by applicable law or a regulatory authority.
### 12.3 Effect of Termination
Upon termination, your right to access and use the Services ceases immediately. We will retain your data for 30 days following termination to allow for retrieval, after which it may be permanently deleted.
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## 13. Governing Law and Dispute Resolution
These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any dispute that cannot be resolved amicably shall be subject to the exclusive jurisdiction of the High Court of South Africa (Gauteng Local Division, Johannesburg).
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## 14. Changes to These Terms
We may update these Terms from time to time. Where changes are material, we will notify you by email or by posting a notice in your Client Area at least 14 days before changes take effect. Continued use of the Services after the effective date constitutes acceptance of the revised Terms.
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## 15. Contact
**XenoLabs Software (Pty) Ltd** Johannesburg, South Africa Email: legal@xenolabs.co.za Phone: +27 68 183 8244 Website: [xenolabs.co.za](https://xenolabs.co.za)