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Terms Of Service

Use of Pixeleight’s Service constitutes acceptance and agreement to Pixeleight’s AUP (Acceptable Use Policy) as well as Pixeleight’s TOS (Terms of Service). From herewith in this TOS, AUP, and SLA, the usage of "us", "we", "our", "ours" shall constitute reference to Pixeleight, the usage of "you", "your", "they", "them" shall refer to client / customer of Pixeleight.

 

Acceptance of Contractual Agreement

1. Client agrees that by placing an order either by means of electronic ordering (web order form) or submitting a written contract, and receipt of such order by Pixeleight, that you are agreeing to our TOS, AUP, and SLA. No Modifications of said contract by customer is allowed.

 

2. Pixeleight will provide, and Customer will purchase and pay for, the Services, and service fees specified in the Order for the applicable Service Description. Customer acknowledges that the service, and service fees have been communicated to the customer, and that they are aware of all applicable charges as per contract, AUP, SLA, and TOS. Customer also understands that any promotional offers unless specified in contractual terms will not be applicable to their individual service.

 

2. What may NOT be hosted on our network:

• Warez

• IRC

• Child pornography

• Copyrighted media, includes but not limited to: Video, Music, TV, Radio

• Hacking tools / material

Anything that may harm us, the server, or anyone else (mentally, physically)

 

3. Network Uptime / Outages

Network Uptime is the total time in a calendar month that Pixeleight’s network is available through the Internet, provided that Client has established connectivity. Pixeleight takes responsibility for Network availability within their network, however, we cannot be held liable for upstream problems, outside of our network. Our guarantee is that our Network will be available to clients free of Network Outages that render 100% packet loss, 99% of each calendar month

 

Network Outages or Unscheduled Downtime is any unplanned or unscheduled interruption in Service availability during which Client is unable to access the services as described in the section titled "Network Uptime" above. A Network Outage is defined as a period in which 100% packet loss to our network is experienced, which is determined to have been caused by a problem in Pixeleight’s Network as confirmed by Pixeleight. Downtime or outages are measured as the total length of time of the unplanned interruption in service availability in a calendar month.

 

Scheduled Downtime is any Pixeleight’s scheduled interruption of Services, for the purpose of network upgrades, or replacement of any equipment in order to provide for you better service. Scheduled downtime occurs during notified downtime periods, with as much advance warning as possible via e-mail with a minimum of 12- 24 hours’ notice.

 

4. SLA Network Violation Credit

see: Service Level Agreement

 

5. Performance Credit exclusions

The following are excluded from the monthly calculation of Service Availability:

 

Scheduled downtime.

Problems outside of Pixeleight’s network (upstream providers, or client's inbound connection) not effecting 100% loss to our network.

 

Interruptions or failure of individual service caused by client, their employees, client's customers, etc. to their service. These include inaccurate configuration, 3rd party software, and client abuse or over utilization of resources, hacked servers, attacks, exploits, server hardware failures or other users on server to cause the server to overload which may cause downtime. We will do our best to remove such offenders immediately.

 

6. Payments and Fees

You agree to pay for the Services on time and in advance for the billing cycle Services are provided for. Invoices are generated 7 days before the renew date of the Services. Pixeleight Web & Graphic Solutions provides 7 days grace period after the renew date.

 

If the invoice is not paid within the 7 days grace period, Pixeleight Web & Graphic Solutions will temporary suspend services until the invoice is paid in full. Pixeleight Web & Graphic Solutions will terminate Services not paid in full 15 days after the Services have been suspended.

 

Payment is due every 6 or 12 months by means stipulated by Pixeleight, an invoice will be raised and can be paid via EFT or other stipulated means of payment, please note that service may be suspended on accounts that reach 10 days past due.

 

7. Delinquent Accounts

Pixeleight may temporarily deny service or terminate this Agreement upon failure of Customer to pay charges when due. Such termination or denial will not relieve Customer of responsibility for the payment of all accrued service fees, or any collection fees.

 

8. Account Cancellation

All requests for canceling any service / services must be made in writing with at least 15 days notice but not more than 30 days prior written via email to billing@Pixeleight.co.za, include your domain name, first and last name in your email.

 

9. Refunds and Disputes

All payments to Pixeleight are non refundable (unless covered by 30-day Money Back Guarantee). This includes any setup fees and monthly fees regardless of usage. All billing disputes must be reported within 30 days of the time the dispute occurred.

 

10. Content and Prohibited Actions

Customer agrees to use the Services for lawful purposes only. Pixeleight Web & Graphic Solutions prohibits the following content on our servers and network.

Anything related to torrents.

Starting background processes on shared servers, Warez, hacking tools, Download oriented web sites,Sites promoting illegal activities, IP Scanners, Hacker focused sites.

Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.

Customer is responsible to keep their accounts up to date and secure at all times. Directories must be chmod to 711 and configuration files with passwords must be chmod to 600. Scripts, plugins, modules need to be kept up to date at all times. A strong password must be used.

 

11. Account Migrations

Pixeleight Web & Graphic Solutions do free transfers of accounts you want moved to our servers from providers which use cPanel. We do not guarantee the quality of such transfers and you must verify if your account was moved correctly before you change the name-servers.

If something is wrong with the account after the move and it wasn’t moved correctly it is your responsibility to fix it. In 99% of the transfers there are no problems but we do not guarantee that.

We do transfers just because of courtesy to our clients.

 

12. Responsibility

Customer is responsible for the content uploaded to his account. Customer is responsible for the actions of his customers using accounts within our servers and network. In case Pixeleight Web & Graphic Solutions’s terms of service are violated, Pixeleight Web & Graphic Solutions will suspend the account violating the terms and will notify the Customer via the e-mail on file.Pixeleight Web & Graphic Solutions will not be held responsible for any harm or damage caused by the use of our services. Customer agrees to use the Service in his own risk.

 

13. Contact Information

Customer agrees to keep his contact information and e-mail on file up to date at all times. We will use the e-mail on file to send notifications about generated invoices, due invoices, Services suspension, Services termination, new Services provisioned and any other related information. Pixeleight Web & Graphic Solutions recommends using an external e-mail address so that the Customer can receive messages in case there are problems with the Services.

 

14. Communication With Us

Pixeleight Web & Graphic Solutions communicates with their clients politely and with respect.

The same is expected from our clients.

If a customer is rude and insults anyone from our staff members then we will warn the customer to be polite and communicate with us properly.

If he/she does it again after he has been warned, a fee of R200 will be generated and all his services disabled until the fee is paid in full.

Pixeleight Web & Graphic Solutions will not renew the services of a customer who has insulted our staff members after he has been warned more than twice via e-mail.

 

15. 30 Day Money Back Guarantee

All hosting plans come with a 30 day money back guarantee. If for whatever reason we fail to satisfy your needs and are within 30 days we will fully refund your money all we ask is you give us a reason so this will help us improve as a company, we will not deduct ANY fee.

You can request a refund if you place a cancellation request within 30 days of your first order. A refund cannot be requested for services ordered more than 30 days of your sign up date.

The 30 day money back guarantee doesn’t cover domain name registrations, SSL certificates, software licenses or custom software installs. Hosting Packages with free offers will be reviewed and refunded accordingly, violation of the terms of service will waive the Refund Policy.

 

16. Changes to the terms

Pixeleight Web & Graphic Solutions reserves the right to make changes to the terms at any time without notification. Customer agrees to visit the terms of service regularly for updates.

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