Welcome to Marz Tech (Pty) Ltd. We are a hosting company committed to providing you with the best possible service. These terms of service (the “Terms”) govern your use of our website, products, and services (the “Services”). By using the Services, you agree to these Terms.
Account Creation and Use
- To create an account, you must provide us with your name, email address, and payment information.
- You are responsible for all activity that occurs on your account and agree to keep your account information secure.
- Your account may not be used for any illegal or prohibited purposes, including but not limited to spamming, sending unsolicited emails, or hosting harmful, offensive, or illegal content.
Fees and Payments
- The Services are subject to a fee, with the current fee schedule available on our website.
- You agree to pay all fees in full and on time.
- Late Fees: A late fee of 35% of the invoice amount or a minimum of R50, whichever is greater, will apply to overdue payments.
- Microsoft Terms of Service also apply.
- We may charge a reactivation fee if your account needs to be reactivated after suspension or termination due to non-payment.
Account Suspension and Termination
We reserve the right to suspend or terminate your account for reasons including, but not limited to:
- Non-payment of fees
- Breach of these Terms of Service
- Hosting of illegal or prohibited content
- Excessive use of resources
- Spamming or sending unsolicited emails
- If your account is suspended, you will lose access to the Services.
- If terminated, all of your data will be deleted.
- Accounts with failed payments will be suspended after one week. Termination will occur after one month of non-payment.
Hosting Services
- We provide hosting services for websites and web applications.
- While we will make reasonable efforts to keep your website or application up and running, we cannot guarantee 100% uptime.
- We are not responsible for any downtime or data loss that may occur.
- Changes may be necessary to your hosting plan or website/application to maintain service quality. We will notify you of any such changes in advance.
Modification of Services
- We reserve the right to modify, suspend, or discontinue any part of the Services at any time, with reasonable notice to you. Marz Tech (Pty) Ltd shall not be liable for any impact such changes may have on your use of the Services.
Intellectual Property
- All content uploaded to our servers is your property, and we do not claim any ownership over it.
- However, by using our Services, you grant us a non-exclusive license to use your content solely for the purpose of hosting your website or application. We will not use it for any other purpose without your permission.
Limitation of Liability
- Marz Tech (Pty) Ltd shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from your use of or inability to use the Services, including but not limited to damages for loss of profits, data, or other intangible losses.
Indemnification
- You agree to indemnify, defend, and hold Marz Tech (Pty) Ltd harmless from any claims, liabilities, damages, losses, and expenses, including legal fees, arising from your use of the Services or any violation of these Terms.
Service Level Agreement (SLA)
- While we strive for high availability, we do not guarantee specific uptime levels. Marz Tech (Pty) Ltd is not responsible for interruptions due to maintenance, technical issues, or other unforeseen circumstances.
- Credits or refunds will not be provided for any downtime unless otherwise specified.
Data Backup and Security
- You are responsible for maintaining backup copies of your data. While Marz Tech (Pty) Ltd implements security measures to protect data, we cannot guarantee complete protection from data loss or breaches.
Data Retention and Deletion Policy
- Upon termination, data on our servers may be retained temporarily for backup and archival purposes but will be deleted within 30 days unless required by law. It is your responsibility to export any necessary data prior to termination.
Acceptable Use Policy (AUP)
- Prohibited activities include, but are not limited to, uploading or distributing malicious code, violating any applicable laws or regulations, using the Services to misrepresent your identity, or engaging in activities that may damage our reputation or that of our partners.
- We reserve the right to limit or suspend services in the event of unacceptable usage or breaches.
Beta or Trial Services
- From time to time, we may offer beta or trial features to certain users. These features are offered “as-is” without any warranties or support and may be modified or discontinued at our discretion.
Refund Policy
- Refunds for unused services are issued at our discretion. No refunds will be issued for partial months of service. Annual subscriptions may be eligible for prorated refunds if canceled within a specified period.
Customer Responsibilities
- You are responsible for ensuring the security of your own account credentials and for maintaining accurate, up-to-date contact and billing information. Marz Tech (Pty) Ltd is not responsible for any issues arising from your failure to comply with these responsibilities.
Support and Maintenance
- We provide support at an hourly rate, as outlined on our website. Support is available via email, and response times may vary depending on our current workload and your specific support needs.
- Charges apply based on time spent resolving each support request. You agree to be billed for support provided at our current hourly rate unless otherwise specified in a support agreement.
- We reserve the right to prioritize support requests at our discretion and may offer support tiers for more responsive service options.
Service Availability and Scheduled Maintenance
- We strive to provide consistent access to our Services. However, we may need to conduct scheduled maintenance or updates to ensure service quality, which may result in temporary downtime. Notifications of planned maintenance will be provided in advance whenever possible.
Right to Audit and Compliance
- We reserve the right to audit accounts to ensure compliance with these Terms and may request additional information or suspend services if compliance issues are found. All audits will respect user privacy and will be conducted as discreetly as possible.
Changes to Fees and Billing
- We reserve the right to modify our fees and billing practices with 30 days’ notice. Any changes to fees will apply only after the notice period, allowing you to cancel services if desired.
Force Majeure
- Marz Tech (Pty) Ltd will not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to natural disasters, acts of war, or technical failures.
Automatic Renewal and Cancellation
- Services renew automatically unless canceled by you prior to the renewal date. You are responsible for any charges incurred until cancellation.
Jurisdiction and Cross-Border Data Transfer
- If you access the Services from outside South Africa, you acknowledge that any data processed as part of the Services may be transferred across borders as necessary for providing hosting and support. By using our Services, you consent to such data transfers.
Independent Contractor Clause
- Nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between you and Marz Tech (Pty) Ltd. Marz Tech operates as an independent contractor and is solely responsible for its own business operations and liabilities.
Third-Party Software and Dependencies
- You are responsible for ensuring that any third-party software or dependencies used within the Services are properly licensed and compatible with our systems. Marz Tech (Pty) Ltd assumes no responsibility for issues arising from incompatible or unlicensed third-party software.
Feedback and Suggestions
- If you submit feedback, suggestions, or ideas about our Services, you agree that Marz Tech (Pty) Ltd may use them without restriction or compensation to you, to improve our Services or for other business purposes.
Headings for Convenience Only
- Headings in these Terms are for convenience only and do not affect the interpretation of any provision.
Other Terms
- These Terms are subject to change at any time. Continued use of the Services following changes constitutes your acceptance of the revised Terms.
- For questions about these Terms, contact us at [email protected].
Our Privacy Policy explains how we collect, use, and share your personal information. By using the Services, you agree to our Privacy Policy.