Terms and Conditions

Unless the context indicates otherwise:

1.1 “Account” means any account, sub-account, reseller account, administrative profile, or related access profile registered with 1-grid.

1.2 “Agreement” means these Terms and Conditions together with all policies, product-specific terms, acceptable use policies, service level agreements, pricing schedules, and any amendments thereto.

1.3 “Applicable Laws” means all laws, regulations, by-laws, directives, industry codes, and regulatory requirements applicable within the Republic of South Africa.

1.4 “Business Day” means any day other than a Saturday, Sunday, or official public holiday in South Africa.

1.5 “Customer” means any natural or juristic person making use of 1-grid’s services.

1.6 “Services” means all hosting, cloud, domain, email, server, licensing, software, communications, technical, and related services provided by 1-grid.

1.7 “Website” means 1-grid’s official website and associated customer portals.

This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements, understandings, representations, or arrangements relating to the subject matter herein.

2.2.1 1-grid reserves the right to amend, modify, replace, or remove any provision of this Agreement at any time.

2.2.2 Any amendments shall become effective upon publication on the Website together with the applicable effective date.

2.2.3 Continued use of the Services after such effective date shall constitute acceptance of the amended terms.

These Terms and Conditions apply to all Accounts, sub-accounts, reseller accounts, administrative users, and all persons accessing Services through the Customer’s Account.

The Account holder remains fully responsible for all activity conducted through the Account, whether authorised by the Customer or not.

Any failure or delay by 1-grid to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision.

If any provision of this Agreement is found to be invalid, unlawful, or unenforceable, the remaining provisions shall remain in full force and effect.

The Customer acknowledges and agrees that certain Services may be subject to third-party agreements, policies, or licensing terms, including but not limited to:

2.7.1 Domain registration agreements;

2.7.2 Microsoft licensing agreements;

2.7.3 Third-party software licensing terms;

2.7.4 Registry or registrar policies

The Customer acknowledges that electronic acceptance of this Agreement, including by clicking “accept”, using the Services, or proceeding with registration, constitutes valid and binding acceptance of this Agreement.

This Agreement shall be governed by and interpreted in accordance with the laws of the Republic of South Africa.

The parties consent to the jurisdiction of the South African courts in respect of any dispute arising from this Agreement.

This Agreement shall be deemed to have been concluded in Cape Town, South Africa.

3.4.1 All notices shall be in writing and may be delivered by hand, courier, registered mail, or email.

3.4.2 Notices sent by registered mail shall be deemed received on the fifth (5th) Business Day following dispatch.

3.4.3 Notices sent by email before 16h00 on a Business Day shall be deemed received on the same Business Day.

3.4.4 Notices sent after 16h00 or on a non-Business Day shall be deemed received on the following Business Day.

3.5.1 Each party chooses its domicilium citandi et executandi for all purposes arising out of this Agreement as:

3.5.1.1 In the case of 1-grid:

The address reflected on its Website from time to time;

3.5.1.2 In the case of the Customer:

The address and contact details provided during registration or as subsequently updated by the Customer.

3.5.2 Either party may change its domicilium upon written notice to the other party.

The Customer consents to receiving communications electronically from 1-grid, including notices, invoices, statements, disclosures, and amendments to this Agreement.

Customers shall use the Services lawfully, responsibly, and with due regard for the rights of other users and third parties.

The following activities are strictly prohibited and constitute material breaches of this Agreement:

4.2.1 Any unlawful, fraudulent, abusive, harmful, or criminal activity;

4.2.2 The storage, transmission, distribution, or publication of unlawful, defamatory, infringing, obscene, hateful, or offensive material;

4.2.3 The hosting or distribution of malware, ransomware, phishing software, botnets, credential harvesting tools, malicious scripts, or unauthorised cryptomining software;

4.2.4 Spam, unsolicited bulk communications, or mail relay abuse;

4.2.5 Unauthorised access to systems, networks, data, or authentication measures;

4.2.6 Interference with network integrity or security, including denial-of-service attacks or excessive resource usage;

4.2.7 Hosting torrent services, proxy services, or similar high-risk network services without prior written approval;

4.2.8 The infringement of intellectual property rights;

4.2.9 The dissemination of propaganda for war, incitement of violence, or hate speech prohibited by Applicable Laws;

4.2.10 Any conduct that may reasonably damage the reputation, systems, goodwill, or operations of 1-grid.

Shared hosting Services may only be used for their intended purpose. Excessive resource usage may result in suspension, migration, or termination of Services.

1-grid reserves the right to investigate suspected violations and to suspend, restrict, or terminate Services where reasonably necessary to protect its systems, Customers, or operations.

1-grid may investigate any suspected breach of this Agreement.

During any investigation, 1-grid may temporarily suspend or restrict Services where reasonably necessary.

Where a Customer is reasonably determined to be in breach of this Agreement, 1-grid may:

5.3.1 Suspend or terminate Services;

5.3.2 Remove unlawful or harmful content;

5.3.3 Report unlawful conduct to law enforcement authorities;

5.3.4 Recover investigation, remediation, and legal costs incurred.

Investigation or remediation fees of up to R1,500.00 per hour may be charged where a Customer is found to have breached this Agreement.

Repeat violations may result in immediate and permanent termination of Services.

Any remedy or right exercised by 1-grid in terms of this Agreement shall be without prejudice to any other rights or remedies available to it in law.

Services are provided on an “as-is” and “as-available” basis.

1-grid reserves the right to modify, discontinue, upgrade, or amend any Service offering upon reasonable notice.

1-grid may impose reasonable usage limits relating to storage, bandwidth, processing capacity, email usage, or other technical parameters.

Services may be provided within a shared hosting environment.

1-grid may perform scheduled or emergency maintenance which may temporarily affect availability of Services.

Unless expressly stated in a separate Service Level Agreement, uninterrupted or error-free operation is not guaranteed.

Backups may be provided as a courtesy service only and are not guaranteed.

Customers remain solely responsible for maintaining independent backups of all data.

1-grid does not warrant that backups will be complete, accurate, recoverable, or capable of successful restoration.

Following cancellation or termination of Services, 1-grid may permanently delete Customer data after seven (7) days.

1-grid shall have no obligation to retain, retrieve, restore, or provide access to any Customer data following termination, suspension, or deletion of Services.

This Agreement shall commence upon the activation or use of any Services by the Customer and shall continue indefinitely unless terminated in accordance with this Agreement.

8.2.1 The Customer may cancel any Service by submitting a cancellation request through the prescribed 1-grid cancellation procedure or Customer portal.

8.2.2 Unless otherwise expressly agreed in writing, cancellation shall take effect at the end of the Customer’s current billing cycle.

8.2.3 Automatically renewing Services, including domain registrations, must be cancelled prior to the applicable renewal date, failing which the renewal shall remain payable.

8.2.4 The Customer shall remain liable for all charges, fees, and amounts accrued up to the effective date of cancellation.

8.2.5 Customers shall not cancel and subsequently re-register substantially similar Services for the purpose of obtaining promotional or discounted pricing intended solely for new customers. 1-grid reserves the right to revoke any such promotional pricing or discounts where abuse is reasonably suspected.

The occurrence of any of the following events shall entitle 1-grid, without prejudice to any other rights available to it in law or under this Agreement, to suspend or terminate the Services and/or this Agreement immediately upon written notice:

8.3.1 Failure to make payment of any amount due in terms of this Agreement within ten (10) days after receipt of written demand;

8.3.2 Breach of any provision of this Agreement, and where such breach is capable of remedy, failure to remedy such breach within thirty (30) days after receipt of written notice requiring same;

8.3.3 The commencement of liquidation, judicial management, business rescue proceedings, sequestration, or any analogous insolvency proceedings, whether provisional, final, voluntary, or compulsory;

8.3.4 The commission of an act of insolvency as contemplated in the Insolvency Act 24 of 1936;

8.3.5 Becoming factually or commercially insolvent;

8.3.6 Compromising or attempting to compromise with creditors generally;

8.3.7 A final judgment being granted against the Customer and remaining unsatisfied for a period of thirty (30) days after the date of judgment;

8.3.8 Acting unlawfully or failing to act where legally required to do so;

8.3.9 Conduct reasonably considered abusive, threatening, offensive, defamatory, or harmful to 1-grid, its personnel, infrastructure, reputation, or goodwill;

8.3.10 Failure to provide information or assistance reasonably requested by 1-grid;

8.3.11 Use of the Services in a manner detrimental to other customers, systems, or network operations of 1-grid.

Upon the occurrence of any breach or termination event contemplated in this Agreement, 1-grid shall be entitled, without prejudice to any other rights available to it:

8.4.1 To suspend Services;

8.4.2 To terminate this Agreement;

8.4.3 To claim immediate payment of all outstanding amounts;

8.4.4 To claim specific performance;

8.4.5 To recover all legal, administrative, collection, remediation, and enforcement costs incurred.

Upon cancellation or termination of the Services or this Agreement:

8.5.1 All outstanding amounts shall immediately become due and payable;

8.5.2 1-grid may immediately cease providing Services;

8.5.3 The Customer’s access to Services, systems, portals, and data may immediately terminate;

8.5.4 Customer data may be deleted in accordance with clause 7;

8.5.5 Termination shall not affect any accrued rights, obligations, liabilities, or remedies existing at the date of termination.

9.1 Any change from an existing Service package to a lower-priced package or reduced Service level shall constitute a downgrade.

9.2 Notice of downgrade must be submitted on or before the twentieth (20th) day of the applicable month in order for such downgrade to take effect on the first day of the following billing cycle.

9.3 Where notice is not received before the deadline contemplated above, the existing pricing and Service level shall remain applicable for the subsequent billing period.

9.4 Downgrades may result in reduced features, functionality, storage capacity, performance, resource allocations, or Service availability, and the Customer accepts all associated risks.

9.5 The Customer remains solely responsible for ensuring compatibility of its systems, applications, and data following any downgrade.

10.1 Customers are responsible for maintaining the confidentiality of passwords and account credentials.

10.2 Customers shall notify 1-grid immediately of any suspected unauthorised access or security breach.

10.3 1-grid shall not be liable for losses arising from compromised credentials or unauthorised account access.

11.1 All intellectual property rights relating to 1-grid’s systems, software, websites, infrastructure, branding, and materials remain the exclusive property of 1-grid or its licensors.

11.2 No right, title, or interest in any intellectual property is transferred to the Customer.

12.1 To the maximum extent permitted by law, 1-grid shall not be liable for any indirect, consequential, incidental, punitive, or special damages, including loss of profits, revenue, goodwill, business opportunity, or data.

12.2 1-grid shall not be liable for:

12.2.1 Interruptions;

12.2.2 Delays;

12.2.3 Data loss;

12.2.4 Cyber incidents;

12.2.5 Acts of God;

12.2.6 Power failures;

12.2.7 Telecommunications failures;

12.2.8 Third-party services failures;

12.2.9 Human error.

12.3 The total aggregate liability of 1-grid arising from any claim shall not exceed the total amount paid by the Customer to 1-grid during the three (3) months preceding the event giving rise to the claim.

12.4 The limitations contained in this clause apply irrespective of the cause of action, whether in contract, delict, negligence, strict liability, or otherwise.

12.5 Services are provided without warranties of any kind, whether express or implied.

12.6 Nothing in this Agreement is intended to limit or exclude any rights afforded to consumers under the Consumer Protection Act 68 of 2008 where such rights may not lawfully be limited or excluded.

The Customer indemnifies and holds harmless 1-grid, its directors, employees, contractors, and affiliates against all claims, damages, losses, liabilities, costs, and expenses arising from:

13.1 The Customer’s use of the Services;

13.2 Any breach of this Agreement;

13.3 Any unlawful or infringing content;

13.4 Spam, cyber abuse, or security incidents attributable to the Customer;

13.5 Any third-party claims arising from the Customer’s activities.

The rights and obligations arising from this Agreement may not be ceded, assigned, transferred, sublicensed, or otherwise disposed of by the Customer without the prior written consent of 1-grid.

15.1 Any IP addresses assigned by 1-grid remain the exclusive property of 1-grid.

15.2 Customers acquire no ownership rights in assigned IP addresses.

15.3 1-grid reserves the right to reassign or modify IP allocations where reasonably necessary.

16.1 1-grid shall process personal information in accordance with Applicable Laws, including the Protection of Personal Information Act, 2013 (“POPIA”).

16.2 The Customer warrants that it has obtained all necessary consents and lawful grounds required for any personal information processed using the Services.

16.3 1-grid may make use of third-party operators or subprocessors in providing Services.

16.4 The Customer acknowledges that certain Services may involve cross-border data transfers.

1-grid shall not be liable for any failure or delay in performance arising from circumstances beyond its reasonable control, including:

17.1 Natural disasters;

17.2 Power failures;

17.3 Cyber-attacks;

17.4 Labour disputes;

17.5 Governmental actions;

17.6 Telecommunications failures;

17.7 Civil unrest;

17.8 Acts of God.

18.1 For purposes of promoting its services to prospective customers, 1-grid may include the Customer’s business name and publicly available business contact details in customer or partner directories where reasonably related to the provision or promotion of Services, unless the Customer requests otherwise in writing.

18.2 1-grid shall not publish your name, trademarks, or other identifying information in advertisements or promotional material without your prior written consent.

19.1 Certain Services may rely on third-party providers, registrars, software vendors, network operators, cloud infrastructure providers, licensors, payment processors, or telecommunications providers.

19.2 1-grid shall not be liable for failures, interruptions, delays, security incidents, pricing changes, discontinuations, or actions attributable to third-party providers.

19.3 Third-party products and services may be governed by separate licensing terms, acceptable use policies, or service conditions imposed by the applicable provider.

20.1.1 Services may be selected for a specified term and subject to a payment plan agreed with the customer, or as otherwise stipulated in the applicable product terms and conditions.

20.1.2 Unless otherwise stated, all services shall automatically renew upon expiry of the applicable term unless terminated in accordance with this Agreement.

20.1.3 All invoices must be paid in full on or before the due date reflected on the invoice.

20.1.4 1-grid may issue invoices electronically.

20.1.5 An itemised invoice shall be made available upon request where reasonable or where required as part of the services rendered.

20.1.6 Services are not subject to pro rata billing unless expressly stated otherwise in writing.

20.1.7 1-grid reserves the right, upon reasonable notice, to impose account credit limits where operationally or commercially necessary.

20.2.1 All payments shall be made in South African Rand (ZAR).

20.2.2 Accepted payment methods include:

20.2.2.1 Debit order;

20.2.2.2 Credit card, including MasterCard, VISA and AMEX;

20.2.2.3 Electronic Fund Transfer (“EFT”)

20.2.2.4 Instant EFT or other electronic payment channels approved by 1-grid.

20.2.3 The Customer bears sole responsibility for ensuring that all payment references and banking details are correctly used.

20.2.4 1-grid shall not be liable for payment allocation failures arising from incorrect references or banking details supplied by the Customer.

20.2.5 Returned debit orders, reversed card payments, chargebacks, or failed payment transactions may attract additional administrative or processing fees.

20.3.1 All overdue amounts shall accrue interest at a rate of 2% per month, calculated from the due date to date of payment.

20.3.2 1-grid may suspend, restrict, or terminate Services upon reasonable notice where payment remains overdue.

20.3.3 Where Services are suspended for non-payment, restoration may be subject to payment of all outstanding amounts together with any applicable reactivation fees.

20.3.4 1-grid reserves the right to refer overdue accounts to attorneys, debt collection agencies, or registered credit bureaus.

20.3.5 The Customer shall remain liable for all legal fees, tracing fees, collection commissions, administrative costs, and disbursements incurred by 1-grid on the attorney-and-client scale.

20.3.6 Where business rescue, liquidation, sequestration, or similar proceedings are commenced or contemplated in respect of the Customer, all outstanding amounts shall immediately become due and payable.

20.4.1 The Customer consents, where permitted by Applicable Laws, to the collection, retention, processing, and disclosure of payment conduct, account history, consumer credit information, and associated confidential information for lawful credit management, debt recovery, fraud prevention, and risk assessment purposes.

20.4.2 1-grid may disclose payment conduct and account status to registered credit bureaus, debt collection agencies, insurers, payment processors, fraud prevention agencies, or other lawful third parties.

20.4.3 Any information disclosed to registered credit bureaus may be recorded within such bureau’s database and shared with authorised subscribers in accordance with Applicable Laws.

20.5.1 Expired domain names may become subject to domain rescue, redemption, restoration, or recovery fees.

20.5.2 Recovery of expired domains is not guaranteed and remains subject to registrar, registry, and third-party policies beyond 1-grid’s control.

20.5.3 The Customer shall remain liable for all registrar, registry, redemption, restoration, and associated third-party fees incurred.

20.6.1 Refunds shall only be considered where a valid credit balance exists on the Customer’s Account.

20.6.2 Refunds may exclude:

20.6.2.1 Domain registration fees;

20.6.2.2 Licensing fees;

20.6.2.3 Third-party costs;

20.6.2.4 Setup fees;

20.6.2.5 Non-refundable Services charges;

20.6.3 Approved refunds shall be processed within a reasonable period using a payment method determined by 1-grid.

20.7.1 Billing disputes must be submitted in writing within sixty (60) days of the disputed invoice date.

20.7.2 Billing disputes must contain:

20.7.2.1 The invoice number and date;

20.7.2.2 The disputed amount;

20.7.2.3 The undisputed amount;

20.7.2.4 Detailed reasons for the dispute;

20.7.2.5 Any supporting documentation reasonably required by 1-grid.

20.7.3 Undisputed amounts shall remain payable pending final resolution of the dispute.

20.7.4 1-grid shall investigate and endeavour to resolve billing disputes within fourteen (14) Business Days.

20.7.5 1-grid may reject disputes where:

20.7.5.1 The dispute was submitted outside the prescribed period;

20.7.5.2 Required information was not supplied;

20.7.5.3 The dispute is frivolous, vexatious, abusive, or mala fide;

20.7.5.4 The dispute relates to unauthorised use attributable to the Customer’s credentials or systems.

20.7.6 Pending resolution of a valid dispute, 1-grid shall not disconnect the disputed Services solely in respect of the disputed amount unless:

20.7.6.1 The Customer refuses or fails to pay undisputed amounts; or

20.7.6.2 The Customer becomes subject to insolvency-related proceedings.

20.7.7 Nothing in this clause shall prevent 1-grid from suspending Services where reasonably necessary for security, operational, legal, abuse prevention, or compliance purposes.

20.7.8 If the Customer remains dissatisfied following 1-grid’s internal dispute process, the dispute may be escalated in accordance with clause 22.

20.8.1 Disputes relating to bandwidth, storage, traffic, usage metrics, or resource overages shall follow the billing dispute procedure.

20.8.2 Administrative charges may apply where reconciliation investigations confirm billing accuracy within a reasonable margin.

20.8.3 Administrative charges may also apply for historical reporting, archived billing records, manual reconciliations, or custom reporting requests.

21.1.1 All complaints shall be directed to [email protected]

21.1.2 Complaints must include:

21.1.2.1 The complainant’s full name and contact details;

21.1.2.2 The complainant’s relationship with 1-grid and customer reference number (where applicable);

21.1.2.3 A detailed description of the complaint sufficient to enable proper assessment thereof; and;

21.1.2.4 Any supporting evidence or documentation.

21.1.3 Receipt of the complaint shall be acknowledged within three (3) business days.

21.1.4 The outcome of the complaint shall be communicated within fourteen (14) business days.

The parties shall endeavour to resolve all disputes arising from this Agreement in good faith and shall attempt to reach an amicable resolution prior to commencing formal proceedings.

21.3.1 Where 1-grid fails to resolve a complaint, the complainant may pursue the complaint in accordance with the procedures prescribed by the Independent Communications Authority of South Africa (“ICASA”).

21.3.2 A complaint may only be referred to ICASA after 1-grid has failed to resolve the complaint within fourteen (14) business days after receipt thereof.

21.3.3 Should the complainant remain dissatisfied following ICASA intervention, the matter may thereafter be referred to the ICASA Complaints and Compliance Committee for adjudication.

21.4.1 Should the dispute remain unresolved, the matter shall be referred to arbitration for final and binding determination.

21.4.2 The arbitration shall be conducted in Cape Town, South Africa.

This clause 21 shall survive termination or cancellation of this Agreement.