Terms & Conditions

This Agreement is entered into by Owlytic Web Solutions (Pty) Ltd, registration number 2024/576231/07, and any individual, business, or entity (referred to as “the Client”) that utilizes our services, including but not limited to domain name registration, web hosting, and other digital solutions. By purchasing or accessing our services, the Client agrees to be bound by the terms and conditions outlined below. These terms and conditions apply to all transactions and interactions between the Client and Owlytic Web Solutions, unless otherwise agreed upon in writing.

Company Details

Owlytic Web Solutions is a legally registered company based in South Africa, providing a variety of web-related services to businesses and individuals. Our contact details are as follows:

Company Name: Owlytic Web Solutions (Pty) Ltd
Registration Number: 2024/576231/07
Physical Address: 22 Jeremy Road, Hadison Park, Kimberley, 8301
Phone Number: 087 153 1858
Email Address: hello@owlytic.co.za

Detailed Description of Goods and/or Services

Owlytic Web Solutions operates in the Information Technology and Digital Solutions sector, specializing in the following services:

  • Domain Registration: Assistance with securing a unique domain name for websites. Domains are registered through ResellerClub, ensuring reliability and compliance with international domain management protocols.
  • Web Hosting Services: Provision of reliable and secure server space for hosting websites. Services include shared hosting, managed hosting, and custom hosting solutions tailored to individual needs.
  • Additional Digital Solutions: Web design and development services, consulting services for digital marketing strategies.

Service Delivery Policy

Owlytic Web Solutions is committed to delivering high-quality, reliable services in a timely manner. Our service delivery policies are outlined as follows:

  • Availability and Payment: All services are subject to availability and are contingent on the receipt of full payment. Payment must be made in accordance with the agreed terms before services are delivered.
  • Processing Time: Requests for services are processed within 1 business day following the receipt of payment. Once processed, confirmation will be sent to the Client via email.
  • Service Modifications: Owlytic Web Solutions reserves the right to modify, add, or discontinue any of its services at any time if deemed necessary for the company’s operational needs or in response to market demands. Clients will be notified of any major changes to services that may impact their existing arrangements.

Refund Policy

Refunds are subject to strict policies to ensure fairness and compliance with the nature of the services provided.

  • Domains: All domain name registrations are non-refundable, as these involve third-party costs and are subject to external registration policies. The sale is final once the domain registration has been processed.
  • Refund Window: Refunds for eligible services (excluding domain registrations) are only applicable within 7 days from the date of purchase. Refund requests must be made in writing and are subject to evaluation by Owlytic Web Solutions.
  • Non-Refundable Payments: No refunds will be issued for payments made after the 7-day refund window or for services rendered during this period.

Payments and Billing

Owlytic Web Solutions offers secure payment options through PayFast, ensuring that all transactions are handled safely and efficiently. Our payment policies include:

  • Accepted Payment Methods: Payments can be made using Visa, MasterCard, and Instant EFT. Cash deposits are not permitted, as these incur additional banking fees and processing delays.
  • Renewal Notices: Renewal notifications are sent to Clients via email 30 days prior to the renewal date. It is the Client’s responsibility to ensure payments are made on time to avoid service interruptions.
  • Billing Cycles: Services are billed on a pre-pay basis, with renewal cycles determined at the time of account setup. Automatic payments are processed for Clients with a card-on-file unless the Client opts out by cancelling services at least 14 days prior to the renewal date.

Account Suspension

Accounts with overdue balances beyond 7 days from the due date are subject to suspension. Clients are liable for all fees accrued from the establishment of the account until cancellation.

Privacy and Data Security

Owlytic Web Solutions takes the privacy and security of its Clients seriously. All personal data collected is managed in accordance with South African privacy laws, including the Protection of Personal Information Act (POPIA).

  • Data Handling: Personal information is used solely for the purposes of delivering services and managing accounts.
  • Third-Party Processors: Sensitive payment information is not stored by Owlytic Web Solutions and is handled exclusively by PayFast, which uses industry-standard encryption to protect transaction details.
  • Client Data: Information provided during account setup and transactions is stored securely and is not shared with unauthorized third parties.

Ownership and Responsibility

Owlytic Web Solutions is responsible for all aspects of the transaction, including:

  • Delivery of goods and services.
  • Customer support and dispute resolution.
  • Ensuring compliance with legal and operational obligations.

Clients are responsible for ensuring that all information provided during transactions is accurate and complete.

Governing Law and Domicile

This Agreement is governed by the laws of South Africa. Owlytic Web Solutions designates its physical address at 22 Jeremy Road, Hadison Park, Kimberley, 8301, as its domicilium citandi et executandi for all legal purposes, including receiving legal notices and correspondence.

Domain Name Registration

By registering a domain through Owlytic Web Solutions, Clients agree to the following terms and conditions, which comply with the ZA Central Registry’s Published Policies and Procedures.

  • Compliance: Policies and Procedures: All registrants and resellers must adhere to the published guidelines of the ZA Central Registry. Non-compliance may result in the termination of your account.
  • Accurate WHOIS Information: Registrants must ensure that WHOIS contact information reflects the correct owner’s details. Using ISP or third-party information is not permitted.

Domain Transfer to Owlytic Web Solutions

Clients wishing to transfer a domain to Owlytic Web Solutions must adhere to the following terms:

  • Fees: Transfer requests are subject to a non-refundable fee, payable prior to the transfer initiation.
  • Transfer Failures: Transfers may fail due to, but not limited to, the following reasons:
    • No response: Registrants or administrative contacts fail to respond to transfer requests.
    • Registrar Lock: The domain is in Registrar Lock Status, preventing transfer.
    • Outstanding Payments: Unpaid invoices related to the domain registration or renewal.
    • Timing Restrictions: Transfers within the first 60 days of registration or after a previous registrar transfer are prohibited.

Transferring a Domain from Owlytic Web Solutions

Owlytic Web Solutions reserves the right to deny any domain transfer requests under the following circumstances (but not limited to):

  • No Response from the Registered Name Holder or Administrative Contact: If attempts to contact the relevant parties yield no response, the transfer request may be declined.
  • Registrar Lock Status: If the domain is locked and no request has been made by the Registered Name Holder or Administrative Contact to unlock it, the transfer cannot proceed.

Abuse Policy

Any attempt to undermine the integrity of Owlytic Web Solutions’ servers, customers, or staff is strictly prohibited. Prohibited actions include, but are not limited to:

  • Unauthorized access attempts, such as password theft, phishing, or scanning for security vulnerabilities.
  • Internet scams or unauthorized account access, whether directed at Owlytic Web Solutions or external systems.

Consequences of Violations:
Violations of these policies may result in immediate account suspension, termination, or legal action, depending on the severity of the offense. Owlytic Web Solutions reserves the right to act without prior notice and will not issue refunds for terminated accounts.

Prohibited Activities

The following activities are deemed unacceptable:

  • Sending bulk or unsolicited emails or engaging in spam activities.
  • Hosting pornographic, illegal, or copyrighted content.
  • Promoting illegal activities, hate speech, or obscene material.
  • Utilizing the platform for warez sites, software cracks, or similar activities.
  • Engaging in link farming, spamdexing, or creating Free-For-All (FFA) sites.

Staff Abuse and Threats

Owlytic Web Solutions enforces a zero-tolerance policy against any abuse, harassment, or threats directed toward its staff, whether verbal, written, or electronic. Such actions will lead to immediate termination of services and potential legal consequences.

Web Applications and Scripts

Outdated web applications or scripts that are actively exploited will be shut down immediately without prior notice. It is the Client’s responsibility to regularly review and update all web-based applications and scripts to ensure they meet the latest security standards.

Prohibited Content on Shared Hosting

Shared hosting accounts must not host or link to the following:

  • Bigotry, hatred, or offensive material.
  • Content promoting illegal activities or harm to individuals or groups.
  • Obscene, pornographic, or child-exploitative materials.
  • Pirated software, serial numbers, or similar copyright-infringing materials.

Resource Usage Policies

  • Disk Space Abuse:
    • Customers are responsible for monitoring their allocated storage space.
    • If the Client exceeds the storage limit, they will receive a notice to upgrade their plan or reduce storage. Continued overuse may result in account suspension.
  • Bandwidth Abuse:
    • Bandwidth is intended for transferring web documents, not for offsite file storage.
    • Violations will result in a 48-hour notice to resolve the issue. If unaddressed, the Client may be billed for overages.

Acceptable Use Policy (AUP)

By using Owlytic Web Solutions’ services, customers agree to abide by our Acceptable Use Policy (AUP), which is incorporated into this agreement. Owlytic Web Solutions reserves the right to modify the AUP at any time to ensure compliance with industry standards and legal requirements. Changes to the AUP become effective upon notification to the customer or at the start of any renewal term following the amendment.

Customer Information

Customers confirm and warrant that all information provided to Owlytic Web Solutions is accurate and up-to-date. If the customer is an individual, they confirm they are at least 18 years old. Owlytic Web Solutions may rely on the instructions of the individual listed as the primary contact on the account unless a written notice is provided to update this designation.

SPAM Policy

Owlytic Web Solutions maintains a strict zero-tolerance policy against unsolicited commercial emails (“SPAM”). Violations may result in immediate account termination without refund. SPAM includes, but is not limited to, the bulk distribution of advertisements, informational announcements, charity requests, petitions, and unsolicited political or religious content.

Uptime Guarantee

Owlytic Web Solutions guarantees 99.9% annual average uptime for all customers in good standing.

Service Level Agreement (SLA)

Owlytic Web Solutions aims to ensure that your website content is accessible globally 99.9% of the time. “Downtime” is defined as complete network unavailability for at least 10 consecutive minutes, excluding scheduled maintenance or external factors beyond Owlytic Web Solutions’ control.

Shared Hosting Credits

If uptime falls below 99.9%, the Client may receive service credits as follows:

  • 95%–99.9% uptime: 10% credit of the monthly fee.
  • 90%–94.9% uptime: 20% credit of the monthly fee.
  • Below 90% uptime: 50% credit of the monthly fee.

Credits apply only to hosting fees and exclude outages caused by:

  • Scheduled maintenance.
  • Customer misuse, negligence, or equipment failure.
  • External factors, such as natural disasters, third-party outages, or legal/governmental actions.
  • Violations of Owlytic Web Solutions’ Terms & Conditions or AUP.

Technical Support Boundaries

Owlytic Web Solutions provides support for issues related to our servers, cPanel control panel, and hosting environment. While we strive to assist with basic scripting and application issues, we are not responsible for custom programming, third-party applications, or errors introduced through customer modifications.

Indemnification

Customers agree to indemnify and hold harmless Owlytic Web Solutions, its affiliates, employees, and agents against any claims, damages, or expenses arising from:

  • Injuries or damages caused by products sold or distributed through Owlytic Web Solutions’ services.
  • Customer-supplied materials infringing on third-party rights or copyrights.
  • Defective products sold through Owlytic Web Solutions’ platform.

Disclaimer of Warranties

Owlytic Web Solutions does not guarantee uninterrupted or error-free services and disclaims all implied warranties, including merchantability, fitness for a particular purpose, and non-infringement. All services are provided “as is” to the fullest extent permitted by law.

Limitation of Liability

Neither Owlytic Web Solutions nor the customer shall be liable for indirect, incidental, or consequential damages, including lost profits, even if advised of the possibility of such damages. Owlytic Web Solutions’ total liability under this agreement is limited to the amount paid by the customer for three months of service.

Suspension of Services / Termination

Owlytic Web Solutions reserves the right to suspend services to a customer without prior notice or liability under the following conditions:

  • If Owlytic Web Solutions reasonably believes the customer is violating the Acceptable Use Policy (AUP).
  • If the customer fails to cooperate with investigations regarding suspected AUP violations.
  • If suspension is necessary to protect the network or other customers.
  • If requested by law enforcement or regulatory agencies.

Should services be suspended due to these reasons, the customer may be required to pay a reasonable reinstatement fee.

Cancellation of Service

Owlytic Web Solutions reserves the right to cancel services at any time. If Owlytic Web Solutions initiates the cancellation, fees paid in advance will be prorated and refunded. However, violations of terms that result in additional costs may be billed to the customer.

Promotions

Promotions offered by Owlytic Web Solutions may include domain names or other benefits. These promotions are non-refundable and are not covered under money-back guarantees. Each promotion may have unique terms and conditions that supersede general terms.

E-commerce Responsibility

Customers are fully responsible for the development, operation, and maintenance of their online stores, as well as any associated content.

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