Hosting Agreement
Hosting Agreement.
This is the key terms and cover page for Mvision Web hosting clients. The standard terms are our Terms and Conditions. The policies listed below are incorporated by reference.
1. Parties
| Provider | Msimanga Vision (Pty) Ltd t/a Mvision Web Registration number: 2023/920216/07 11 Spruyt St, Heidelberg, Heidelberg - GP, 1441 Email: hello@mvisionweb.co.za Phone: 067 863 2867 |
|---|---|
| Customer | [CUSTOMER NAME] [COMPANY NAME] [REGISTRATION NUMBER] [ADDRESS] [EMAIL ADDRESS] |
| Effective date | [EFFECTIVE DATE] |
2. Services
We provide shared hosting, email hosting, domain registration and renewal, migration, backups, and related support as described in the order form and on our website. We do not provide reseller hosting rights unless a separate written reseller agreement is signed.
Hosting is provided on DirectAdmin for new clients and Plesk for legacy clients. The service is subject to the Acceptable Use Policy and the Service Level Agreement.
3. Order form
The commercial details for this agreement are set out in the Hosting Service Schedule or the WHMCS order and invoice. The order form includes the plan, domain, billing cycle, amount, start date, next due date, server, and control panel username. If there is a conflict between this cover page and the order form, the order form controls the commercial details.
View the Hosting Service Schedule template.
4. Fees and payment
Fees are in South African rand unless stated otherwise. Hosting is billed monthly or annually in advance. Payment is made through Paystack or another method we agree in writing. We may change fees with at least 30 days' written notice, effective from your next renewal date. Fees already paid for the current billing period are not affected.
If you dispute an invoice, notify us in writing within 7 days of the invoice date and pay the undisputed amount. Do not raise a chargeback before contacting us. We may suspend the service while a payment dispute or chargeback is investigated.
5. Term and termination
This agreement starts on the effective date and continues for the subscription period in the order form. It renews automatically for the same period unless either party gives notice before the renewal date. Hosting clients may cancel with 30 days' written notice. We may suspend or terminate immediately for non-payment, breach, abuse, unlawful content, or a security risk. Fees already paid are non-refundable except as required by law or our Refund and Cancellation Policy.
6. Support and uptime
Standard support is available Monday to Friday, 08:00 to 17:00 South African time, excluding public holidays. We aim for 99.9% network uptime per calendar month, subject to the exclusions in the Service Level Agreement. Response targets are set out in the SLA. Service credits are discretionary and are not automatic. Backups are for disaster recovery and are not a substitute for your own backups.
7. Liability cap
To the maximum extent permitted by law, each party's total cumulative liability for all claims arising out of or relating to this agreement will not be more than the fees paid by the customer for the affected service in the three months before the event giving rise to the claim. Neither party is liable for indirect, incidental, special, or consequential loss, including lost profits, lost data, or lost business opportunities, except where the law prohibits this limitation. Nothing in this agreement limits liability for gross negligence, wilful misconduct, fraud, or rights that cannot be waived under the Consumer Protection Act or any other law.
8. Data protection
You are the responsible party for personal information you process through the services. We are the operator. Our Data Processing Agreement applies and is incorporated into this agreement. You authorise the sub-processors listed in the DPA, including DirectAdmin, Plesk, Vercel, ZA Domains, Paystack, and their underlying providers. Where personal information is transferred outside South Africa, we take reasonable steps to ensure an adequate level of protection.
9. Incorporated documents
The following documents form part of this agreement:
- Terms and Conditions
- Acceptable Use Policy
- Service Level Agreement
- Data Processing Agreement
- Domain Registration and Renewal Terms
- Privacy Policy
- Refund and Cancellation Policy
If there is a conflict, the order form controls the commercial details, then the DPA controls data protection, then this cover page, then the Terms and the other policies. Nothing in this agreement limits rights you cannot waive under the Consumer Protection Act 68 of 2008, the Electronic Communications and Transactions Act 25 of 2002, or POPIA.
10. Acceptance
This agreement may be accepted electronically at checkout or signed below. By accepting, the customer confirms that the details are correct, that the customer has read the incorporated documents, and that the customer accepts them.
| Customer name | [SIGNATORY NAME] |
|---|---|
| Capacity | [DIRECTOR / OWNER] |
| Signature | |
| Date |
For Mvision Web:
| Name | Michael Msimanga |
|---|---|
| Capacity | Founder |
| Signature | |
| Date |
11. Attribution
This Hosting Agreement cover page is adapted from the Common Paper Cloud Service Agreement, version 3.0, licensed under CC BY 4.0. The Common Paper standard terms are available at commonpaper.com. The standard terms used by Mvision Web are our own Terms and Conditions, adapted for South African law and the services we provide.
This is a template for attorney review. It is not legal advice. Have the final version reviewed by a South African attorney before use.