These Service Terms, together with the Client Agreement, govern the client's and client’s end user/s use of sparrowhawk.cloud's services.
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.
The ZACR policy indicates that the registrant contact details have 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 third 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 the 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 third party.
2.7 You exempt and indemnify sparrowhawk.cloud and the registry from all loss relating to its registration of a domain name.
Certain sparrowhawk.cloud services carry the unlimited traffic feature governed by the following principles:
3.1 Unlimited means that sparrowhawk.cloud 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 and circumstantial.
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 a 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 backup, 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 to their hosting resources. sparrowhawk.cloud will not be liable for any loss or damage that may occur due to a non-authorized person gaining access to the server.
4.8 The shared web hosting servers will automatically take action on every email account that it detects as a potential spammer; triggered by sending an excess of 499 unique recipients per hour. The result will be a hold on the email account's mail queue, preventing further mail deliveries until the issue is resolved.
5.1 Artwork and 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, and nontransferable.
5.2 Monthly Updates are non-cumulative. If the allocated time per plan per month is 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 and integrations by sparrowhawk.cloud are licensed to the Client for the term of the Agreement. Should either Party terminate the Agreement for any reason, a reasonable sale price will be established by sparrowhawk.cloud for the template design and integration for the Client's consideration.
5.3.1 Purchased template designs and integrations will be made available to the Client in the form of a downloadable encrypted and password-protected compressed file. Should the site be required to function on a system other than sparrowhawk.cloud, the restoration and function thereof will become the responsibility of the Client or the Client's service provider.
6.1 sparrowhawk.cloud's eCommerce Website Design Service Terms include 2. Domain Registration, 3. Unlimited Traffic, and 4. Shared Web Hosting.
6.2 sparrowhawk.cloud will be responsible for updates/upgrades to the front and back-end as described in the service plan, including security implementations and maintenance.
6.3 Artwork and 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, and nontransferable.
6.4 Monthly Updates are non-cumulative. If the allocated time per plan per month is 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 and template designs provided by sparrowhawk.cloud are licensed to the Client for the term of the Agreement. Should either Party terminate the Agreement, a reasonable sale price will be established by sparrowhawk.cloud for the template design and back-end configuration, where applicable.
6.5.1 Purchased template designs and integrations will be made available to the Client in the form of a downloadable encrypted and password-protected compressed file. Should the site be required to function on a system other than sparrowhawk.cloud, the restoration and function thereof will become the responsibility of the Client or the Client's service provider.
6.6 sparrowhawk.cloud is responsible for maintaining the number of content pages and products 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 for maintenance and presentation of their added products unless otherwise agreed in writing.
6.6.2 sparrowhawk.cloud offers upgrade options for the number of maintained products and content pages via the client area.
6.7 The Client is responsible for setting up Two-Factor Authentication as an additional security measure if the Client requests access to the website back-end for product addition and overall security of their back-end user account access details.
6.8 sparrowhawk.cloud configures shipping and 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 relevant vendor in order to provide sparrowhawk.cloud with the required credentials for payment and shipping integration.
7.1 sparrowhawk.cloud will be responsible for updates/upgrades to the cloud storage back-end and underlying infrastructure, maintaining a current and 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 and remains solely responsible for backing up their relevant Data.
7.4 The Client is responsible for setting up Two-Factor Authentication as an additional security measure for their Cloud Storage profile/username.
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 is responsible for updating their chosen operating system and the applications the Client 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 Client-installed software.
8.5 sparrowhawk.cloud expressly disclaims any direct, indirect, incidental, special, punitive, or consequential losses or damages, including those arising from:
8.5.1 The Service or Hosting of any content, application, and/or data;
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 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.
9.1 sparrowhawk.cloud will be responsible for applying Windows Server/operating system updates or upgrades as the options become available through Microsoft's release schedule.
9.2 sparrowhawk.cloud will be responsible for applying Microsoft 365 updates/upgrades as the options 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 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 and data backups in accordance with the retention periods, storage location, encryption methods, and pricing specified in the service plan or set with the Client in writing.
9.6 sparrowhawk.cloud shall monitor and maintain the security of the operating system environment in line with current standards.
9.6.1 Management of firewall entries for incoming and outgoing traffic, restricted by IP address where required or requested.
9.6.2 Web, File, Mail Protection & Sandboxing.
9.6.3 Intrusion Detection/Prevention through security software partner-maintained blacklists.
9.6.4 RDP hardening and Brute Force Protection.