Terms & Conditions
1. These terms and conditions to prevail. These terms and conditions (hereinafter referred to as “this
agreement”) shall, when read together with the subscriber’s application form and any schedule thereto,
constitute the whole of the agreement between LANTEK Computers CC trading as Mplanet Internet Solutions
(hereinafter referred to as “MPLANET”) and the subscriber.
2. Payment and Billing
2.1 The charge for the subscriber’s entitlement to use the service on a monthly basis is a monthly fee, payable
monthly in advance by the subscriber, to MPLANET.
2.2 The charge for the subscriber’s entitlement to use the service on an annual basis is payable in full in advance
by the subscriber, to MPLANET. This amount is non-refundable.
2.3 MPLANET reserves the right to adjust service charges at their sole discretion. Existing subscribers will receive
one month’s notice relating to price adjustments.
2.4 It is the policy of MPLANET to provide subscription only based on a debit order or a bank or credit card
account and will only accept alternative payment under specific circumstances and only by prior arrangement at
MPLANET’s discretion.
2.5 If the client’s debit order bounces for any reason, MPLANET reserves the right to resubmit the debit order at
any time.
2.6 If a hosted service is suspended due to non-payment, a reconnection fee must be paid before the service can
be reinstated. Additionally, there is an extra waiting period of 48 to 72 hours for the reconnection of services.
2.7 Payment will be dealt with as per the general terms.
3. Termination
The agreement shall continue indefinitely and shall be terminated on the expiry of ONE calendar month’s written
notice given by either party to the other.
Cancellation, by the client or MPLANET, will result in any data being permanently removed from MPLANET’s
servers. Clients are solely responsible for ensuring that backups are made of web content and email data, or any
other data stored on their hosting space. MPLANET will not be liable for loss of data, or be obliged to provide any
such data once the hosting contract term has expired. Subscribers must acknowledge that the hosting company
reserves the right to terminate or suspend their services for violation of the terms and conditions. This may
include non-payment, breach of security obligations, or violation of content restrictions
4. Subscriber’s Obligations
Payment Obligations: Subscribers are usually required to pay the agreed-upon fees for domain registration and
hosting services. This includes payment for initial setup fees, ongoing subscription fees, and any additional
charges for extra services or resources.
Compliance with Laws and Regulations: Subscribers must agree to comply with all applicable laws, regulations,
and industry standards related to their use of the domain and hosting services. This includes laws regarding data
protection, intellectual property rights, POPPIA and acceptable online conduct. For more information on POPPIA
refer to the following website: Protection of Personal Information Act (POPI Act) – POPIA
Accurate Information: Subscribers are obligated to provide accurate and up-to-date information when registering
a domain or signing up for hosting services. This includes providing correct contact details and ensuring that the
content hosted on their websites does not contain false or misleading information.
Security Responsibilities: Subscribers are responsible for maintaining the security of their accounts, login
credentials, and hosted content. This includes implementing strong passwords, keeping software up-to-date, and
promptly reporting any security breaches or suspicious activities to the hosting company. The responsibility for
changing the password after it has been issued rests solely with the subscriber.
Content Restrictions: Subscribers must agree not to host or distribute any illegal, infringing, or harmful content
on their websites. This includes content that violates intellectual property rights, promotes hate speech, or
contains malware or viruses. Additionally, subscribers are required to adhere to copyright laws and must not
infringe upon the intellectual property rights of others in any jurisdiction.
Resource Usage: Subscribers are typically required to use the hosting resources allocated to them responsibly
and efficiently. This includes not engaging in activities that may negatively impact the performance or stability of
the hosting infrastructure, such as excessive bandwidth usage or server overloading. In the event of disk overuse,
additional fees may apply, and subscribers are responsible for covering the associated costs.
Backup and Data Management: Subscribers may be responsible for regularly backing up their website data and
ensuring that they have access to backups in case of data loss or server failure. Hosting companies may specify
backup procedures and limitations in the terms and conditions.
5. Disclaimers, limitations and indemnities.
5.1 MPLANET will not be liable for any loss or damage, interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including lost profits), regardless of the form of action, whether
in contract, delict, or otherwise which may be suffered as a result of or which may be attributable, directly or
indirectly, to the use and/or registration of the client’s selected domain names/s OR ANY ACTION TAKEN BY
MPLANET IN RESPONSE TO THE ABUSE OF THE DOMAIN REGISTRATION SERVICES WHICH IT OFFERS.
5.2 The client hereby indemnifies and holds harmless MPLANET against any loss whatsoever arising from any
dispute or claim or other action occasioned by the client’s use and registration of its selected domain name, even
if MPLANET has been advised of the possibility of such damages;
5.3 MPLANET will not be liable for any indirect or consequential loss, damage, cost or expense of any kind,
irrespective of how such damage or loss was caused, whether arising under contract, delict or otherwise,
including, and not limited to, data loss or corruption, loss of profits, contracts, operation time and goodwill.
5.4 MPLANET reserves the right to disclose pertinent information to Registrars for public disclosure as per the
terms and conditions of the Registrar. Mplanet will not be held liable for any claims of infringement of privacy by
fulfilling such registration conditions.
5.5 The client indemnifies Mplanet by warranting that the use or registration of the domain name by a client does
not interfere with nor infringe the rights of any third party in any jurisdiction with respect to trademark, service
mark, trade name, company name, close corporation name, copyright nor any other intellectual property right,
and that client has the right to use the domain name as requested.
5.6 MPLANET cannot act as an arbiter of disputes arising out of the registration and use of domain names. At the
same time, clients acknowledge that MPLANET may be presented with evidence that a domain name registered
by a client violates the rights of a third party. In such instances MPLANET shall be allowed to provide a
complainant with the client’s name and address and all further communication will exclude MPLANET and
MPLANET will have no further obligations to the client. In such instances the client shall be entitled to continue
using the domain name registered for the client by MPLANET until a court or other body with jurisdiction directs
otherwise.
5.7 MPLANET makes no claim to the intellectual property, (such as data), of clients hosted on their servers. All
equipment remains the property of MPLANET and retention of data does not directly or indirectly give ownership
of MPLANET’s hardware to clients.
5.8 Clients also hereby indemnify MPLANET against any 3rd party claims against themselves as resellers or
services provided to the public or privately. Clients will be solely liable to external parties for losses and may, in
no way, petition MPLANET to share or cover such losses or liability, either directly or indirectly. MPLANT is also
indemnified from direct claims from clients for losses incurred due to 3rd party actions or claims.
Takedown Notice Procedure
In terms of section 75 of the Electronic Communications and Transactions Act (“the ECT Act”) the Internet Service
Providers’ Association (ISPA) can instruct MPLANET to perform a site takedown upon receipt of notification of
infringements as defined in Section 77 of the Act.
Any enquiries can be directed to ISPA at:
Postal address: PO Box 518, Noordwyk, 1687, Midrand
Tel: 010 500 1200
Email: takedown@ispa.org.za
Should MPLANET receive a takedown notice from ISPA, MPLANET will endeavor to:
Notify the client in good time of the takedown notice. Allow the client reasonable time to remove the disputed, illegal or
infringing content. Takedown any sites or services which are included in the ISPA takedown notice.