Service Terms

These Service Terms  together with the Client Agreement governs the client's & client’s end user/s use of sparrowhawk.cloud's services.

1. Amendment of Service Terms

sparrowhawk.cloud reserves the right to update and / or make changes to this Service Terms document. In the event of a substantial change, customers will be informed via email.

2. Domain Registration (Registrant  Details for co.za, net.za, web.za and org.za)
The ZACR policy indicates that the registrant contact details has to be updated to the legitimate beneficiary of the domain which would be the domain owner and not the reseller.

2.1 The registrant, being the legitimate beneficiary of the domain name service, is accurately identified by their full legal name on the domain name record.

2.2 The registrant’s designated email address is accurately identified on the domain name record.

2.3 Should you license a domain name to a 3rd party, you will be liable for harm that arises as a result.

2.4 You warrant that certain information given to us is correct and that you will not use the domain name to infringe intellectual property or in unlawful ways; you indemnify us and the registry if any loss results from a breach of this warranty.

2.5 You consent to processing of the personal information required for domain registrations

2.6 If you submitted personal information from a third party, you warrant that you have obtained consent from the 3rd party

2.7 You exempt and indemnify the sparrowhawk.cloud & the registry from all loss relating to its registration of a domain name

3. Unlimited Traffic
Certain sparrowhawk.cloud services carry the unlimited traffic feature governed by the below principles.

3.1 Unlimited means that sparrowhawk does not impose a quota limit on traffic

3.2 sparrowhawk.cloud reserves the right to impose a quota on traffic based on infrastructural or account based network activities, conditional & circumstances.


4. Shared Web Hosting

4.1 sparrowhawk.cloud reserves the right to suggest suitable alternatives to the Client and / or charge for excessive traffic or system resources as it deems necessary, at its sole discretion.

4.2 sparrowhawk.cloud reserves the right to move a website between web servers and Internet backbones, both within South Africa and internationally as it deems necessary.

4.3 sparrowhawk.cloud reserves the right without assuming any obligation to inspect the contents of data that the Client transmits, receives or stores on an sparrowhawk.cloud Server to ensure compliance with this Agreement, sparrowhawk.cloud’s AUP, or any applicable laws regulations or codes of practice.

4.4 The Client must immediately and adequately respond to a denial of service attack (DOS / DDOS). If the Client’s facilities are targeted by a DOS attack that affects other network users, the Client’s Service will be suspended.

4.5 sparrowhawk.cloud will be responsible for updates to Operating Systems, Shared Libraries, Software Upgrades and other Updates / Upgrades as required to maintain a stable environment on Shared Web Hosting Servers.

4.6 sparrowhawk.cloud shall not be liable or responsible for the backing up, restoration or loss of Data under any circumstances. Clients are solely responsible for ensuring their Data is regularly backed up and for restoring such backups in the event of data loss or corruption.

4.7 The Client undertakes the responsibility to advise sparrowhawk.cloud in writing of its representatives who are entitled to or require access their hosting resources. sparrowhawk.cloud will not be liable for any loss or damage that you may suffer due to a non-authorised person gaining access to the server.

4.8 The shared web hosting servers will automatically take action an every email account that it detects as a potential spammer; triggered by an sending excess of 499 number of unique recipients per hour. The result of this action will be a hold on the email accounts mail queue thereby not allowing further mail deliveries to occur until the circumstance has been addressed.

5. Monthly Web Design

5.1 Artwork & Images provided by sparrowhawk.cloud for the Client's website, display or print media are licensed for use during the term of the Agreement. The licensed extended to the Client during the term of the Agreement is limited, personal, nonexclusive & nontransferable.


5.2
Monthly Updates are non-cumulative. Should the allocated time per plan per month be exhausted , the Client agrees to pay the current web design maintenance rate or take the  option of resuming the commissioned work in the next calendar month.

5.3 Template designs & integrations by sparrowhawk.cloud are licensed to the Client for the term of the Agreement. Should either Party terminate the Agreement for whatsoever reason, a reasonable sale price will be established by sparrowhawk.cloud for the template design & integration for the Client's consideration.

5.3.1 Purchased template designs & integrations will be made available to the Client in the form of a downloadable encrypted & password protected compressed file. Should the site be required to function on a system other than that of sparrowhawk.cloud the restoration & function  thereof will become the responsibility of the Client or the Client's service provider.

6. Monthly eCommerce Web Design

6.1 sparrowhawk.cloud's eCommerce Website Design Service Terms include 2. Domain Registration, 3. Unlimited Traffic & 4. Shared Web Hosting.

6.2 sparrowhawk.cloud will be responsible for updates / upgrades to the front & back-end as described in the service plan description including security implmentations & maintenance.

6.3 Artwork & Images provided by sparrowhawk.cloud for the Client's website, display or print media are licensed for use during the term of the Agreement. The license extended to the Client during the term of the Agreement is limited, personal, nonexclusive & nontransferable.

6.4 Monthly Updates are non-cumulative. Should the allocated time per plan per month be exhausted , the Client agrees to pay the current web design maintenance rate or take the  option of resuming the commissioned work in the next calendar month.

6.5 Integrations & template designs provided for by sparrowhawk.cloud are licensed to the Client for the term of the Agreement. Should either Party terminate the Agreement for whatsoever reason, a reasonable sale price will be established by sparrowhawk.cloud, in respect of template design and or back-end configuration/s and or any other implementations or integrations that may be present, where applicable or available as such, for the Client's consideration.

6.5.1 Purchased template designs & integrations will be made available to the Client in the form of a downloadable encrypted & password protected compressed file. Should the site be required to function on a system other than that of sparrowhawk.cloud the restoration & function  thereof will become the responsibility of the Client or the Client's service provider.

6.6 sparrowhawk.cloud is responsible to maintain the number of content pages & number of products is described in the service plan.

6.6.1 Should the client opt to add products in their individual capacity via the website's back-end the client accepts the responsibility of maintenance & presentation / display of their added products unless otherwise agreed in writing.

6.6.2 sparrowhawk.cloud offers upgrade options for the number of maintained products & content pages via the client area.

6.7 The Client accepts the responsibility of setting the Two Factor Authentication as an additional security measure in the event that the client requests access to the website back-end to add additional products & overall security of their back-end user account access details.

6.8 sparrowhawk.cloud configures shipping & payment gateways based on information provided by the client. It is the client's responsibility to open the appropriate shipping or payment gateway accounts at the appropriate vendor in order to provide sparrowhawk.cloud with the required credentials for payment gateway & shipping integration.

7. Branded & Managed Cloud Storage

7.1 sparrowhawk.cloud will be responsible for updates / upgrades to the cloud storage back-end & underlying infrastructure maintaining a current & stable state of operation.

7.2 sparrowhawk.cloud shall not be liable or responsible for data loss under any circumstances.

7.3 The Client accepts that the Cloud Storage service is not a replacement for performing backups & remains solely responsible for the backing up their relevant Data.

7.4 The Client accepts the responsibility of setting the Two Factor Authentication as an additional security measure for their Cloud Storage profile / username.

8. Windows & Linux Cloud Servers

8.1 sparrowhawk.cloud shall make available a server for the Client's exclusive use, pending acceptance of the order .

8.2 sparrowhawk.cloud will be responsible for updates / upgrades and maintenance of the hypervisor, underlying operating system and hardware infrastructure maintaining stable operating conditions.

8.3 The Client accepts the responsibility of updating their chosen operating system & the applications the client's installs therein.

8.4 sparrowhawk.cloud shall not be held responsible for the Client's software, installed by the Client or the Client's appointed Administrator and any vulnerabilities that may result from the use of the Client installed software.

8.5 sparrowhawk.cloud, expressly disclaims any direct, indirect, incidental, special, punitive, consequential losses or damages, of whatever nature including which arise or may arise from;

8.5.1 the Service or Hosting of any content, application and / or data of whatever nature

8.5.2 maintenance and / or upgrades

8.5.3 installation and / or use of any customer software or other software on the Client’s website and / or database.

8.5.4 The Client indemnifies sparrowhawk.cloud against all loss, damages, claims and liabilities of whatsoever nature as a result of any claim instituted by a third party.

8.6 sparrowhawk.cloud endeavors to replace/ repair failed hardware within 24 hours of a hardware failure alert.

9. Managed Windows

9.1 sparrowhawk.cloud will be responsible for applying Windows Server / operating system updates or upgrades as the option/s become available through Microsoft's release schedule.

9.2 sparrowhawk.cloud will be responsible for applying Microsoft 365 updates / upgrades as the option/s become available through Microsoft's release schedule.

9.3 sparrowhawk.cloud will be responsible for updating Client requested installed software  updates / upgrades for production purposes as updates / upgrades become available with a written confirmation by the Client in the form of software / application maintenance.

9.4 sparrowhawk.cloud shall not be held responsible for any vulnerabilities that may result from the use of software the Client may use or request installation of.

9.5 sparrowhawk.cloud shall  manage server & data backups in accordance with the retention periods, storage location, encryption methods & pricing specified in the service plan and or set with the Client in writing.

9.6 sparrowhawk.cloud shall monitor & maintain the security of the operating system environment in line with current standards.

9.6.1  Management of firewall entries for incoming & outgoing traffic, restricted by IP address where require or requested.

9.6.2  Web, File, Mail Protection & Sand-boxing.

9.6.3 Intrusion Detection / Prevention through security software partner maintained blacklists.

9.6.4 RDP hardening &  Brute Force Protection.