Terms of Service

1. Acceptance of Terms

By accessing or using the HostVyx website and services ("Services"), you agree to comply with and be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you must not use or access our Services. These Terms apply to all visitors, users, and customers of HostVyx, operated by HostVyx (Pty) Ltd, South Africa.

2. Services Provided

HostVyx provides web hosting services including but not limited to: shared web hosting, email hosting, domain registration and management, SSL certificate provisioning, database hosting, and related technical services. All services are provided on an "as is" and "as available" basis, subject to the terms of our Service Level Agreement (SLA).

We reserve the right to modify, suspend, or discontinue any service at any time with reasonable notice to clients, except in cases of emergency maintenance or security threats.

3. Account Registration & Security

You must provide accurate, complete, and up-to-date information when creating an account. You are responsible for maintaining the confidentiality of your login credentials and for all activities conducted under your account. You must notify us immediately of any unauthorized use of your account.

HostVyx reserves the right to refuse service, suspend accounts, or terminate accounts at our discretion, particularly in cases of suspected fraud, abuse, or violation of these Terms.

4. Payments & Billing

All fees for Services are due in advance according to the billing cycle selected at the time of order (monthly, quarterly, semi-annual, annual, or biennial). Payments may be made via credit/debit card, Instant EFT, EFT, or PayPal as available.

Invoices are generated automatically and sent to the email address on file. If payment is not received by the due date, a late fee of 5% may be applied. Accounts overdue by more than 7 days may be suspended. Accounts overdue by more than 30 days will be terminated and all associated data may be permanently deleted.

All prices are quoted in South African Rands (ZAR) and include VAT where applicable. Prices are subject to change with 30 days' notice.

5. Billing Cycles & Renewals

Services are billed in advance on a recurring basis according to your selected billing cycle (monthly, quarterly, semi-annually, annually, or biennially). Renewal invoices are generated automatically prior to the end of each billing period.

It is your responsibility to ensure that your payment method on file remains valid and that sufficient funds are available for automatic renewals. If automatic payment fails, you will receive a payment reminder and must settle the invoice manually before the due date.

6. Cancellation & Refunds

You may cancel your account at any time through the client portal. Upon cancellation, your service will remain active until the end of the current billing period — no prorated refunds are provided for unused time.

Refunds are processed within 5–10 business days and credited to the original payment method where possible.

7. Acceptable Use Policy (AUP)

You agree to use our Services only for lawful purposes and in accordance with all applicable South African laws and regulations. Prohibited activities include, but are not limited to:

• Sending unsolicited bulk email (spam) or email harassment
• Hosting or distributing malicious software, viruses, or malware
• Engaging in phishing, fraud, or deceptive practices
• Hosting illegal content including child exploitation material, hate speech, or copyrighted content without authorization
• Conducting denial-of-service (DoS/DDoS) attacks
• Crypto-mining without prior written consent
• Any activity that causes excessive server resource usage that negatively impacts other clients

Violation of the AUP may result in immediate suspension or termination of services without refund.

8. DMCA & Copyright Infringement

HostVyx respects the intellectual property rights of others. If you believe that content hosted on our servers infringes your copyright, please submit a DMCA takedown notice including: (a) identification of the copyrighted work, (b) identification of the infringing material, (c) your contact information, (d) a statement of good faith belief that the use is not authorized, and (e) your electronic or physical signature.

Notices should be sent to: dmca@hostvyx.co.za. We will respond to valid DMCA notices and may terminate the accounts of repeat infringers.

9. Data & Backups

HostVyx performs regular automated backups of hosted data. However, backups are provided as a courtesy and are not guaranteed. You are strongly advised to maintain your own off-site backups of all critical data. HostVyx is not responsible for data loss arising from hardware failure, software errors, or any other cause.

10. Limitation of Liability

To the maximum extent permitted by law, HostVyx and its directors, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, arising out of or related to the use of our Services, even if advised of the possibility of such damages.

Our total liability for any claim arising from these Terms or your use of the Services shall not exceed the total amount paid by you to HostVyx in the 12-month period preceding the claim.

11. Indemnification

You agree to indemnify, defend, and hold harmless HostVyx, its officers, directors, employees, and agents from any claims, liabilities, damages, losses, or expenses (including legal fees) arising out of or related to your use of the Services, violation of these Terms, or infringement of any third-party rights.

12. Termination

HostVyx may terminate or suspend your account and access to Services at any time, without prior notice, if you breach these Terms. Upon termination, your right to use the Services immediately ceases, and we may delete all associated data within 30 days. You remain liable for any outstanding fees incurred prior to termination.

13. Modification of Terms

HostVyx reserves the right to modify these Terms at any time. Changes will be posted on this page with an updated "Last updated" date. Continued use of the Services after changes constitutes acceptance of the revised Terms. Material changes will be communicated via email to registered account holders.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Republic of South Africa. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of South Africa.