Hosting & Domain Terms

1. Definitions & Interpretation

1. Definitions

1.1 In these Hosting & Domain Terms and Conditions, unless the context indicates otherwise:

"Account" means any hosting account, email account, domain management account, VPS account, cloud account or related service account provided by Wicked Web Wizard.

"Acceptable Use Policy" means the acceptable use provisions contained within these Terms.

"Client" means any person or entity receiving Hosting Services from Wicked Web Wizard.

"Domain Name" means an internet domain registered through Wicked Web Wizard or managed by Wicked Web Wizard.

"Email Services" means any email hosting, email routing, email security or related services.

"Hosting Services" means any hosting-related services supplied by Wicked Web Wizard.

"Registrar" means any domain registrar utilised by Wicked Web Wizard.

"Registry" means the authority responsible for administering a domain extension.

"Server" means any physical, virtual or cloud infrastructure utilised to provide Services.

"Services" means all hosting and domain services supplied by Wicked Web Wizard.

"Wicked Web Wizard" means Wicked Web Wizard (Pty) Ltd, Registration Number 2026/471043/07.

2. Application Of Terms

2.1 These Terms apply to:

• Shared Hosting;
• VPS Hosting;
• Dedicated Servers;
• Email Hosting;
• Domain Registration;
• Domain Renewal;
• DNS Services;
• SSL Services;
• Cloud Services.

2.2 These Terms shall be read together with:

• General Terms & Conditions;
• Privacy Policy;
• Acceptable Use Policy;
• Any applicable Service Agreement.

2.3 In the event of conflict, these Hosting & Domain Terms shall prevail regarding hosting and domain matters.

2. Hosting Services

3. Hosting Services

3.1 Wicked Web Wizard shall provide Hosting Services on a commercially reasonable basis.

3.2 Hosting Services may include:

• Shared Hosting;
• VPS Hosting;
• Dedicated Servers;
• Cloud Hosting;
• Email Hosting;
• DNS Hosting;
• Related Services.

3.3 Hosting Services are dependent upon infrastructure, telecommunications providers, power availability and third-party service providers.

4. Service Availability

4.1 Wicked Web Wizard shall use commercially reasonable efforts to maintain service availability.

4.2 No guarantee of uninterrupted service is provided.

4.3 Wicked Web Wizard does not warrant that services shall be:

• Continuous;
• Uninterrupted;
• Error-free;
• Immune from outages.

5. Maintenance

5.1 Wicked Web Wizard may perform:

• Scheduled maintenance;
• Emergency maintenance;
• Security maintenance;
• Infrastructure upgrades.

5.2 Maintenance may result in temporary interruptions.

5.3 Such interruptions shall not constitute breach.

6. Service Levels

6.1 No Service Level Agreement shall apply unless expressly agreed in writing.

6.2 Any uptime figures provided shall be targets only and not guarantees.

6.3 Wicked Web Wizard shall not be liable for service interruptions arising from infrastructure failures, telecommunications failures, load shedding, cyber incidents, maintenance activities or failures of third-party service providers.

3. Domain Registration Services

7. Domain Registration

7.1 Wicked Web Wizard may facilitate domain registrations on behalf of Clients.

7.2 Domain registrations remain subject to:

• Registrar approval;
• Registry approval;
• Applicable regulations;
• Domain availability.

7.3 Wicked Web Wizard does not guarantee that any requested domain will be available.

8. Domain Ownership

8.1 Domain registrations are subject to registrar and registry rules.

8.2 Wicked Web Wizard does not guarantee continued ownership of any domain.

8.3 Registry actions may affect domain status.

9. Domain Renewals

9.1 The Client remains solely responsible for ensuring renewal fees are paid.

9.2 Wicked Web Wizard may issue reminders as a courtesy only.

9.3 Failure to receive a reminder shall not relieve the Client of responsibility.

9.4 Where Wicked Web Wizard pays renewal fees on behalf of the Client, the Client shall immediately reimburse such fees upon demand.

9.5 Wicked Web Wizard reserves the right not to advance renewal fees on behalf of any Client.

10. Domain Expiry

10.1 Wicked Web Wizard shall not be liable for losses arising from:

• Domain expiry;
• Domain suspension;
• Domain deletion;
• Redemption fees;
• Registry action.

10.2 The Client assumes all risks associated with expired domains.

10.3 Recovery of an expired domain may be impossible or may require additional redemption, restoration, transfer or administrative fees imposed by registrars or registries.

11. Domain Transfers

11.1 Domain transfers remain subject to:

• Registrar requirements;
• Registry requirements;
• Applicable laws.

11.2 Wicked Web Wizard does not guarantee successful transfer.

4. DNS Services

12. DNS Services

12.1 Wicked Web Wizard may provide DNS services.

12.2 DNS changes may require propagation periods.

12.3 Propagation periods are outside the control of Wicked Web Wizard.

13. DNS Delays

13.1 Wicked Web Wizard shall not be liable for:

• DNS propagation delays;
• DNS caching;
• ISP delays;
• Third-party DNS failures.

13.2 Wicked Web Wizard shall not be liable for any loss of email, website availability, service interruption, business interruption or loss of revenue arising from DNS changes, DNS propagation or DNS-related issues.

14. DNS Modifications

14.1 Wicked Web Wizard may refuse DNS modifications which:

• Create security risks;
• Violate law;
• Create operational risk.

14.2 Wicked Web Wizard may require DNS modification requests to be submitted in writing and may rely upon such instructions without further verification.

5. Email Hosting Services

15. Email Services

15.1 Wicked Web Wizard may provide email hosting services.

15.2 Email services are dependent upon numerous third-party systems.

16. No Delivery Guarantee

16.1 Wicked Web Wizard does not guarantee:

• Email delivery;
• Email receipt;
• Inbox placement;
• Routing success.

16.2 Email delivery may be affected by:

• Spam filters;
• Blacklists;
• Recipient servers;
• Internet conditions.

17. Blacklisting

17.1 Wicked Web Wizard shall not be liable for losses arising from blacklisting.

17.2 Clients causing blacklisting may have services suspended.

18. Email Limitations

18.1 Wicked Web Wizard may impose limits regarding:

• Mailbox size;
• Sending volumes;
• Attachment sizes;
• Storage.

18.2 Wicked Web Wizard may suspend, restrict or terminate email services where excessive sending volumes, spam activity, security risks or abuse are detected.

18.3 Wicked Web Wizard may implement anti-spam, anti-virus, malware filtering and security controls which may affect email delivery, routing, storage or accessibility.

18.4 Wicked Web Wizard shall not be liable for legitimate emails that are delayed, quarantined, rejected, filtered or blocked by security systems.

6. SSL Certificates

19. SSL Services

19.1 Wicked Web Wizard may facilitate SSL certificate procurement and installation.

19.2 SSL certificates remain subject to approval by certificate authorities.

20. No Guarantee Of Issuance

20.1 Wicked Web Wizard does not guarantee issuance of any certificate.

20.2 Certificate authorities retain sole discretion.

21. SSL Failures

21.1 Wicked Web Wizard shall not be liable for losses arising from:

• Certificate expiry;
• Certificate revocation;
• Validation failure;
• Third-party certificate authority actions.

21.2 The Client remains responsible for ensuring that domain ownership, DNS configuration, validation requirements and contact information necessary for SSL certificate issuance or renewal remain accurate and current.

21.3 Wicked Web Wizard shall not be liable for website warnings, browser warnings, service interruptions, validation failures or loss arising from expired, revoked, suspended or improperly configured SSL certificates.

21.4 SSL certificates supplied by third-party certificate authorities remain subject to the terms, policies and requirements of such certificate authorities.

7. Resource Usage & Fair Use Policy

27. Shared Infrastructure

27.1 The Client acknowledges that shared hosting services operate within a shared infrastructure environment.

27.2 Resources are shared amongst multiple clients.

27.3 Wicked Web Wizard shall be entitled to manage resources to ensure platform stability and performance.

28. Resource Limitations

28.1 Hosting services may be subject to limitations including:

• CPU usage;
• Memory usage;
• Storage usage;
• Database usage;
• Bandwidth usage;
• Email usage;
• Input/output operations;
• Concurrent processes;
• Network usage.

28.2 Resource allocations may vary depending on the hosting package selected.

29. Excessive Resource Consumption

29.1 The Client shall not utilise resources in a manner which:

• Degrades platform performance;
• Negatively impacts other clients;
• Creates instability;
• Creates unreasonable infrastructure demands.

29.2 Wicked Web Wizard may determine excessive resource consumption in its sole but reasonable discretion.

30. Resource Restrictions

30.1 Where excessive resource usage is detected, Wicked Web Wizard may:

• Restrict resources;
• Throttle services;
• Suspend services;
• Require migration to a higher-tier package;
• Require dedicated infrastructure.

30.2 Wicked Web Wizard shall not be liable for losses arising from such actions.

31. Fair Use Policy

31.1 Any service advertised as:

• Unlimited;
• Unmetered;
• Unrestricted.

shall remain subject to fair use principles.

31.2 Fair use shall be determined with regard to:

• Industry norms;
• Infrastructure capacity;
• Platform stability;
• Impact upon other clients.

31.3 Wicked Web Wizard reserves the right to impose reasonable limitations where usage exceeds fair use thresholds.

32. Storage Limitations

32.1 Hosting services are intended for website hosting purposes only.

32.2 The Client shall not utilise hosting services as:

• File storage systems;
• Backup repositories;
• Media archives;
• File distribution platforms;
• Cloud storage replacements.

32.3 Wicked Web Wizard may remove or restrict excessive storage usage.

33. Database Usage

33.1 Databases shall be used solely for purposes reasonably connected to the hosted application.

33.2 Excessive database usage may result in restrictions.

33.3 Wicked Web Wizard may optimise, restrict or suspend database services where required to protect infrastructure.

34. Email Usage Limits

34.1 Email services shall be used for legitimate communication purposes.

34.2 Wicked Web Wizard may impose limitations on:

• Sending volume;
• Receiving volume;
• Mailbox size;
• Attachment sizes;
• Concurrent connections.

34.3 Excessive email activity may result in temporary restrictions.

35. Bulk Email

35.1 Bulk email services may not be utilised without prior written approval.

35.2 Wicked Web Wizard may restrict or prohibit:

• Marketing campaigns;
• Bulk mailers;
• Mass mailing software;
• Newsletter systems.

35.3 Additional requirements may apply to approved bulk email activities.

36. Automated Processes

36.1 Automated scripts, bots and scheduled tasks shall not create unreasonable demands upon infrastructure.

36.2 Wicked Web Wizard may suspend or restrict automated processes where necessary.

37. Streaming Services

37.1 Hosting services shall not be utilised for:

• Video streaming services;
• Audio streaming services;
• Content delivery networks;
• Media broadcasting.

without prior written approval.

38. Cryptocurrency Activities

38.1 The Client shall not utilise hosting services for:

• Cryptocurrency mining;
• Blockchain mining;
• Mining pools;
• Related resource-intensive activities.

38.2 Such activity may result in immediate suspension.

39. Load Testing

39.1 The Client shall not conduct load testing, penetration testing or stress testing without prior written consent.

39.2 Wicked Web Wizard may immediately suspend unauthorised testing activity.

40. Network Abuse

40.1 The Client shall not engage in activities which negatively impact network infrastructure.

40.2 Prohibited activities include:

• Port scanning;
• Vulnerability scanning;
• Network probing;
• Traffic flooding;
• Denial of service activity.

41. Right To Monitor

41.1 Wicked Web Wizard may monitor resource usage for purposes including:

• Performance management;
• Security;
• Capacity planning;
• Compliance.

41.2 Such monitoring shall not create any obligation to actively supervise Client activity.

42. Package Upgrades

42.1 Wicked Web Wizard may recommend or require migration to higher-tier services where resource requirements exceed the intended purpose of the selected package.

42.2 Failure to upgrade where reasonably required may result in suspension.

43. Emergency Restrictions

43.1 Wicked Web Wizard may impose immediate restrictions where necessary to:

• Protect infrastructure;
• Protect other clients;
• Protect security;
• Prevent service disruption.

43.2 No prior notice shall be required where urgent action is necessary.

44. No Liability

44.1 Wicked Web Wizard shall not be liable for any loss arising from:

• Resource restrictions;
• Fair use enforcement;
• Package limitations;
• Service throttling;
• Infrastructure protection measures.

8. Acceptable Use Policy (AUP)

45. General Obligation

45.1 The Client shall utilise the Services lawfully, responsibly and in accordance with these Terms.

45.2 The Client shall not utilise the Services in any manner which:

• Violates applicable laws;
• Violates third-party rights;
• Creates security risks;
• Creates operational risks;
• Damages Wicked Web Wizard's reputation;
• Damages infrastructure;
• Interferes with other clients.

45.3 Wicked Web Wizard may determine compliance in its reasonable discretion.

46. Unlawful Activities

46.1 The Client shall not utilise the Services for any unlawful activity.

46.2 Prohibited activities include but are not limited to:

• Fraud;
• Identity theft;
• Money laundering;
• Illegal gambling;
• Criminal activities;
• Distribution of unlawful content;
• Distribution of prohibited materials.

46.3 Wicked Web Wizard may immediately suspend Services where unlawful activity is suspected.

47. Copyright Infringement

47.1 The Client shall not host, distribute or transmit material that infringes:

• Copyright;
• Trademark rights;
• Patent rights;
• Design rights;
• Intellectual Property rights.

47.2 Wicked Web Wizard may remove allegedly infringing content pending investigation.

47.3 Wicked Web Wizard shall not be liable for removal of such content.

48. Fraudulent Activities

48.1 The Services may not be used for:

• Scams;
• Deceptive practices;
• False representations;
• Impersonation;
• Credential harvesting;
• Financial fraud.

48.2 Immediate suspension may occur without notice.

49. Phishing

49.1 Phishing activity is strictly prohibited.

49.2 Wicked Web Wizard may:

• Suspend Services;
• Disable domains;
• Disable hosting;
• Preserve evidence;
• Notify authorities.

49.3 No prior notice shall be required.

50. Malware

50.1 The Client shall not host, distribute or facilitate:

• Malware;
• Viruses;
• Worms;
• Trojans;
• Ransomware;
• Spyware;
• Keyloggers.

50.2 Wicked Web Wizard may immediately remove affected content.

51. Botnets

51.1 The Client shall not operate or facilitate:

• Botnets;
• Command and control systems;
• Distributed attack networks;
• Malicious automation networks.

51.2 Immediate termination may occur.

52. Spam

52.1 The Client shall not send, facilitate or promote spam.

52.2 Spam includes:

• Unsolicited bulk email;
• Mass unsolicited messaging;
• Bulk promotional messaging;
• Email list abuse.

52.3 Wicked Web Wizard's determination of spam activity shall be sufficient for purposes of protective action.

53. Blacklisting

53.1 The Client shall not engage in conduct resulting in:

• IP blacklisting;
• Domain blacklisting;
• Mail server blacklisting.

53.2 Wicked Web Wizard may suspend Services immediately.

54. Denial Of Service Activities

54.1 The Client shall not participate in:

• Denial of Service attacks;
• Distributed Denial of Service attacks;
• Traffic flooding;
• Network disruption.

54.2 Immediate suspension shall be permitted.

55. Network Abuse

55.1 The Client shall not engage in:

• Port scanning;
• Vulnerability scanning;
• Network probing;
• Network enumeration;
• Packet interception;
• Traffic manipulation.

55.2 Exceptions may apply where expressly authorised in writing.

56. Unauthorised Access

56.1 The Client shall not attempt to gain unauthorised access to:

• Systems;
• Networks;
• Applications;
• User accounts;
• Databases.

56.2 Attempts alone shall constitute breach.

57. Security Testing

57.1 Penetration testing, vulnerability testing and load testing require prior written approval.

57.2 Unauthorised testing may result in suspension.

58. Resource Abuse

58.1 The Client shall not intentionally consume excessive resources.

58.2 Resource abuse may result in:

• Throttling;
• Restrictions;
• Suspension;
• Termination.

59. Prohibited Content

59.1 The Client shall not host content which:

• Is unlawful;
• Promotes criminal conduct;
• Violates intellectual property rights;
• Contains malware;
• Facilitates fraud.

60. Adult Content

60.1 Wicked Web Wizard reserves the right to prohibit adult content at its discretion.

60.2 Where permitted, such content shall remain subject to all applicable laws and regulations.

61. Hateful Or Abusive Content

61.1 The Client shall not host content which unlawfully incites violence, discrimination or criminal conduct.

61.2 Wicked Web Wizard may remove such content where reasonably necessary.

62. Cryptocurrency Activities

62.1 The Client shall not utilise Services for:

• Cryptocurrency mining;
• Mining pools;
• Resource-intensive blockchain processing.

62.2 Such activities may result in immediate suspension.

63. File Sharing Services

63.1 Hosting services may not be used primarily for:

• File sharing;
• Piracy services;
• Warez distribution;
• Unauthorised software distribution.

64. Proxy Services

64.1 The Client shall not operate:

• Open proxies;
• Anonymous proxies;
• Relay services;
• Similar services.

without prior written approval.

65. Complaints

65.1 Wicked Web Wizard may investigate complaints received from:

• Registrars;
• Registries;
• Law enforcement;
• Rights holders;
• Third parties.

65.2 The Client shall cooperate with reasonable investigations.

66. Right To Remove Content

66.1 Wicked Web Wizard may remove, disable or restrict content where it reasonably believes:

• These Terms are being breached;
• Security risks exist;
• Legal risks exist;
• Infrastructure risks exist.

66.2 No liability shall arise from such action.

66.3 Wicked Web Wizard shall not be required to provide advance notice before removing, disabling or restricting content where it reasonably believes immediate action is necessary to protect infrastructure, comply with legal obligations, address security threats or prevent harm to third parties.

67. Right To Preserve Evidence

67.1 Wicked Web Wizard may preserve:

• Logs;
• Files;
• Emails;
• Access records;
• System records.

for investigative, compliance or legal purposes.

68. Reporting To Authorities

68.1 Wicked Web Wizard may report suspected unlawful activity to:

• Law enforcement;
• Regulators;
• Registrars;
• Registries;
• Rights holders.

68.2 No liability shall arise from such reporting where undertaken in good faith.

69. No Liability For Enforcement

69.1 Wicked Web Wizard shall not be liable for losses arising from:

• Investigations;
• Suspensions;
• Restrictions;
• Content removal;
• Service termination.

implemented under this Acceptable Use Policy.

70. Survival

70.1 The provisions of this Acceptable Use Policy shall survive suspension and termination to the extent necessary to enforce rights and obligations arising therefrom.

9. Security, Malware & Incident Response

71. General Security

71.1 Wicked Web Wizard shall implement commercially reasonable security measures designed to protect its infrastructure and Services.

71.2 The Client acknowledges that no hosting environment, server, network or internet-connected system can be guaranteed completely secure.

71.3 Wicked Web Wizard does not warrant that Services shall be immune from:

• Cyber attacks;
• Hacking attempts;
• Malware infections;
• Data breaches;
• Distributed Denial of Service attacks;
• Exploitation of software vulnerabilities;
• Unauthorised access.

72. Client Security Responsibilities

72.1 The Client shall maintain reasonable security practices.

72.2 The Client shall:

• Maintain strong passwords;
• Protect login credentials;
• Utilise supported software;
• Apply software updates;
• Maintain current plugins and themes;
• Remove unsupported software;
• Restrict unnecessary access.

72.3 The Client shall remain solely responsible for credentials issued to:

• Employees;
• Contractors;
• Consultants;
• Third parties.

73. Compromised Accounts

73.1 Where Wicked Web Wizard reasonably suspects an account has been compromised, it may:

• Suspend the account;
• Restrict access;
• Reset credentials;
• Disable services;
• Isolate systems.

73.2 Such action may be taken without prior notice.

73.3 Wicked Web Wizard shall not be liable for losses arising from protective action taken in good faith.

74. Compromised Websites

74.1 Where a hosted website is compromised, Wicked Web Wizard may:

• Suspend hosting;
• Disable public access;
• Remove malicious files;
• Quarantine content;
• Restrict services.

74.2 The Client shall cooperate with remediation efforts.

74.3 Website compromise shall not constitute evidence of negligence by Wicked Web Wizard.

75. WordPress And CMS Security

75.1 The Client acknowledges that content management systems may contain vulnerabilities.

75.2 Wicked Web Wizard shall not be liable for compromises arising from:

• Outdated software;
• Outdated plugins;
• Outdated themes;
• Weak passwords;
• Third-party code.

75.3 The Client remains responsible for maintaining supported software versions unless maintenance services have been expressly contracted.

76. Malware Detection

76.1 Wicked Web Wizard may scan systems for malware and malicious activity.

76.2 Where malware is detected Wicked Web Wizard may:

• Remove malware;
• Disable infected files;
• Suspend hosting;
• Isolate systems;
• Restrict access.

76.3 Wicked Web Wizard shall not be obligated to provide malware removal services without charge.

77. Malware Remediation Costs

77.1 Wicked Web Wizard may charge for:

• Malware investigations;
• Malware removal;
• Security audits;
• System recovery;
• Emergency support.

77.2 Such charges shall be billed at prevailing rates.

78. DDoS Attacks

78.1 Wicked Web Wizard may implement mitigation measures where a denial-of-service attack occurs.

78.2 Such measures may include:

• Traffic filtering;
• Traffic blocking;
• Service restrictions;
• Temporary suspension.

78.3 Wicked Web Wizard shall not be liable for service interruptions caused by DDoS mitigation.

79. Security Incidents

79.1 Wicked Web Wizard may investigate any suspected security incident.

79.2 The Client shall cooperate with reasonable requests for information.

79.3 Wicked Web Wizard may preserve evidence relating to security incidents.

80. Forensic Investigations

80.1 Where reasonably necessary, Wicked Web Wizard may conduct or commission forensic investigations.

80.2 Such investigations may include:

• Log analysis;
• Traffic analysis;
• File inspection;
• Security audits.

80.3 The Client may be charged for investigations arising from the Client's conduct or systems.

81. Vulnerability Management

81.1 Wicked Web Wizard may implement updates, patches and security changes without prior approval where reasonably necessary.

81.2 Such actions shall not constitute breach of contract.

82. Security Notifications

82.1 Wicked Web Wizard may notify the Client of security risks, vulnerabilities or incidents.

82.2 Failure to issue a notification shall not create liability.

82.3 The Client remains responsible for monitoring its own systems and services.

83. Third-Party Security Failures

83.1 Wicked Web Wizard shall not be liable for security incidents arising from:

• Registrars;
• Cloud providers;
• Software vendors;
• Third-party plugins;
• Third-party integrations;
• Payment gateways.

84. Client Negligence

84.1 Wicked Web Wizard shall not be liable for security incidents arising from:

• Weak passwords;
• Credential sharing;
• Failure to update software;
• Insecure development practices;
• Unauthorised access granted by the Client.

85. Account Credentials

85.1 The Client remains solely responsible for:

• Usernames;
• Passwords;
• Access tokens;
• API keys;
• Authentication credentials.

85.2 Any action performed using valid credentials shall be deemed authorised by the Client.

86. Security Emergencies

86.1 Wicked Web Wizard may take immediate action where a security emergency exists.

86.2 Such action may include:

• Suspension;
• Restriction;
• Service isolation;
• Infrastructure changes.

86.3 No prior notice shall be required where urgent action is necessary.

87. Incident Response Priority

87.1 During a security incident, protection of infrastructure, systems and other clients shall take priority over continued service availability.

87.2 Wicked Web Wizard shall determine appropriate response measures in its reasonable discretion.

88. No Security Guarantee

88.1 Wicked Web Wizard does not guarantee:

• Complete security;
• Immunity from attack;
• Immunity from compromise;
• Immunity from data loss.

88.2 The Client acknowledges and accepts such risks.

89. Cost Recovery

89.1 Where a security incident arises from the Client's conduct, negligence or systems, Wicked Web Wizard may recover:

• Investigation costs;
• Recovery costs;
• Legal costs;
• Third-party costs.

89.2 Such costs shall be immediately payable upon invoicing.

90. No Liability

90.1 Wicked Web Wizard shall not be liable for losses arising from:

• Security incidents;
• Malware;
• Hacking attempts;
• DDoS attacks;
• Cybercrime;
• Protective actions taken under this Section.

91. Survival

91.1 The provisions of this Section shall survive suspension, cancellation and termination to the extent necessary to protect the legitimate interests of Wicked Web Wizard and its clients.

10. Backups, Disaster Recovery & Data Retention

92. Client Responsibility For Backups

92.1 The Client acknowledges that it remains solely responsible for maintaining independent backups of all data, content, databases, emails, files and records.

92.2 The Client shall not rely exclusively upon any backup service provided by Wicked Web Wizard.

92.3 The Client shall regularly verify the integrity and recoverability of its own backups.

93. Courtesy Backups

93.1 Any backups provided by Wicked Web Wizard shall be provided as a convenience only.

93.2 Unless expressly agreed in writing, backups do not form part of the contracted Services.

93.3 Wicked Web Wizard reserves the right to modify, suspend or discontinue backup processes at any time.

94. No Backup Warranty

94.1 Wicked Web Wizard does not warrant:

• That backups will occur;
• That backups will be complete;
• That backups will be accurate;
• That backups will be recoverable;
• That backups will be retained for any specific period;
• That backups will be free from corruption.

94.2 The existence of a backup system shall not constitute a guarantee that data can be restored.

95. Restoration Requests

95.1 Wicked Web Wizard may, at its discretion, attempt restoration of data from available backups.

95.2 Restoration services may be subject to additional charges.

95.3 Wicked Web Wizard shall not guarantee successful restoration.

95.4 Failed restoration attempts shall remain billable where work has been performed.

96. Email Backups

96.1 Wicked Web Wizard does not guarantee backup, retention or recovery of email data.

96.2 Clients shall maintain independent copies of important email communications.

96.3 Wicked Web Wizard shall not be liable for loss of email messages.

97. Database Backups

97.1 Database backups may be provided as a convenience only.

97.2 Wicked Web Wizard does not guarantee:

• Database integrity;
• Database completeness;
• Point-in-time recovery;
• Successful restoration.

98. Disaster Recovery

98.1 Wicked Web Wizard may implement disaster recovery procedures where reasonably necessary.

98.2 Disaster recovery procedures are intended to reduce operational disruption and do not guarantee continuity of service.

98.3 Wicked Web Wizard shall determine disaster recovery priorities in its reasonable discretion.

99. Major Incidents

99.1 Major incidents may include:

• Infrastructure failures;
• Hardware failures;
• Data centre outages;
• Cyber attacks;
• Natural disasters;
• Power failures;
• Telecommunications failures.

99.2 Wicked Web Wizard shall take commercially reasonable steps to respond to such incidents.

100. No Guarantee Of Business Continuity

100.1 Wicked Web Wizard does not guarantee:

• Business continuity;
• Service continuity;
• Continuous access to data;
• Immediate recovery following an incident.

100.2 The Client remains responsible for its own business continuity planning.

101. Retention Of Client Data

101.1 Wicked Web Wizard may retain Client data for operational, legal, security or compliance purposes.

101.2 Retention periods shall be determined by Wicked Web Wizard unless otherwise required by law.

101.3 Retention of data shall not create any obligation to restore or provide such data.

102. Terminated Accounts

102.1 Following termination of Services, Wicked Web Wizard may retain data for a limited period.

102.2 Wicked Web Wizard shall have no obligation to notify the Client before permanent deletion.

102.3 The Client remains responsible for retrieving any required data prior to termination.

103. Abandoned Accounts

103.1 Where an account remains abandoned, inactive or unpaid, Wicked Web Wizard may permanently delete:

• Files;
• Databases;
• Emails;
• Backups;
• User records.

103.2 Such deletion may occur without liability.

104. Data Exports

104.1 Wicked Web Wizard may provide data export services upon request.

104.2 Data export services may be subject to additional fees.

104.3 Wicked Web Wizard shall determine the format and method of any export.

105. No Liability For Data Loss

105.1 To the maximum extent permitted by law, Wicked Web Wizard shall not be liable for loss of:

• Data;
• Files;
• Emails;
• Databases;
• Backups;
• Digital assets.

105.2 This exclusion shall apply regardless of whether such loss arises from:

• Hardware failure;
• Software failure;
• Human error;
• Cyber attack;
• Third-party failure;
• Disaster recovery activities.

106. Client Acknowledgement

106.1 The Client acknowledges that:

• Data loss is an inherent risk of technology services;
• No backup solution can guarantee recovery in all circumstances;
• Independent backups are essential;
• The pricing of Services reflects the limitations contained within this Section.

107. Archival Storage

107.1 Hosting services shall not be utilised as long-term archival storage.

107.2 Wicked Web Wizard may impose retention limits on stored content.

107.3 The Client shall maintain separate archival storage where required.

108. Legal Holds

108.1 Wicked Web Wizard may preserve data where required by:

• Law;
• Court order;
• Regulatory requirement;
• Investigation.

108.2 Preservation of data under this clause shall not create an obligation to preserve all Client data.

109. Recovery Priorities

109.1 Following a major incident, Wicked Web Wizard may prioritise recovery activities based upon:

• Infrastructure requirements;
• Security requirements;
• Operational requirements;
• Commercial requirements.

109.2 Wicked Web Wizard shall determine recovery priorities in its reasonable discretion.

110. Survival

110.1 The provisions of this Section shall survive:

• Suspension;
• Cancellation;
• Termination;
• Expiry of Services.

110.2 Such provisions shall remain enforceable to the extent necessary to protect Wicked Web Wizard and its infrastructure.

11. Third-Party Providers, Registrars & Infrastructure Dependencies

111. Third-Party Dependencies

111.1 The Client acknowledges that certain Services rely upon third-party providers, infrastructure, platforms and systems.

111.2 Such dependencies may include:

• Data Centres;
• Cloud Providers;
• Domain Registrars;
• Domain Registries;
• DNS Providers;
• Certificate Authorities;
• Email Providers;
• Payment Gateways;
• Telecommunications Providers;
• Internet Service Providers;
• Software Vendors;
• Infrastructure Vendors.

111.3 Wicked Web Wizard does not own or control all third-party systems utilised in providing Services.

112. No Liability For Third-Party Failures

112.1 Wicked Web Wizard shall not be liable for failures, interruptions, delays or errors arising from third-party providers.

112.2 This includes but is not limited to:

• Service outages;
• Infrastructure failures;
• DNS failures;
• Email delivery failures;
• Domain issues;
• Cloud outages;
• Software failures;
• API failures;
• Telecommunications failures.

112.3 Such failures shall not constitute breach by Wicked Web Wizard.

113. Registrars And Registries

113.1 Domain names remain subject to the policies and decisions of the applicable registrar and registry.

113.2 Wicked Web Wizard shall not be liable for:

• Domain suspension;
• Domain revocation;
• Domain transfer restrictions;
• Domain disputes;
• Registry actions;
• Registrar actions.

113.3 The Client acknowledges that registrars and registries retain ultimate authority over domain names.

114. Domain Disputes

114.1 Wicked Web Wizard shall not be responsible for resolving domain ownership disputes.

114.2 The Client shall bear all risks associated with:

• Domain ownership claims;
• Trademark disputes;
• Registry disputes;
• Registrar disputes.

114.3 Wicked Web Wizard may suspend domain-related services pending resolution of such disputes.

115. Data Centre Providers

115.1 Hosting services may rely upon third-party data centres.

115.2 Wicked Web Wizard shall not be liable for losses arising from:

• Data centre outages;
• Hardware failures;
• Power failures;
• Cooling failures;
• Connectivity failures.

115.3 The Client acknowledges that such risks are inherent in hosting services.

116. Cloud Infrastructure

116.1 Services may rely upon cloud infrastructure providers.

116.2 Wicked Web Wizard shall not be liable for interruptions caused by:

• Cloud provider outages;
• Cloud provider maintenance;
• Cloud provider restrictions;
• Cloud provider policy changes.

117. DNS Providers

117.1 DNS services may rely upon third-party providers.

117.2 Wicked Web Wizard shall not be liable for:

• DNS outages;
• DNS propagation delays;
• DNS resolution failures;
• DNS provider actions.

118. Certificate Authorities

118.1 SSL certificates remain subject to approval, validation and issuance by third-party certificate authorities.

118.2 Wicked Web Wizard shall not be liable for:

• Certificate revocation;
• Certificate suspension;
• Certificate rejection;
• Certificate authority failures.

119. Email Providers

119.1 Email services may depend upon third-party providers.

119.2 Wicked Web Wizard shall not be liable for:

• Email blocking;
• Email filtering;
• Email delays;
• Email rejection;
• Blacklisting.

120. Software Vendors

120.1 Certain Services may rely upon software supplied by third-party vendors.

120.2 Wicked Web Wizard shall not be liable for:

• Software defects;
• Vendor decisions;
• Licensing changes;
• Product discontinuation;
• Product modifications.

121. API Dependencies

121.1 Services may rely upon APIs operated by third parties.

121.2 Wicked Web Wizard shall not be liable where third parties:

• Modify APIs;
• Restrict APIs;
• Disable APIs;
• Charge fees for APIs;
• Discontinue APIs.

122. Payment Gateways

122.1 Payment functionality may rely upon third-party gateways.

122.2 Wicked Web Wizard shall not be liable for:

• Payment gateway outages;
• Payment gateway restrictions;
• Payment gateway delays;
• Payment gateway failures.

123. Third-Party Terms

123.1 Certain Services may be subject to third-party terms and conditions.

123.2 The Client agrees to comply with all applicable third-party requirements.

123.3 Wicked Web Wizard shall not be responsible for enforcing or interpreting third-party agreements.

124. Price Increases

124.1 Third-party providers may increase pricing at any time.

124.2 Wicked Web Wizard reserves the right to pass through such increases to the Client.

124.3 Continued use of the affected Service shall constitute acceptance of revised pricing.

125. Service Discontinuation

125.1 Third-party providers may discontinue products or services.

125.2 Wicked Web Wizard shall not be liable for losses arising from such discontinuation.

125.3 Wicked Web Wizard may substitute alternative providers where reasonably practical.

126. Force Majeure Of Third Parties

126.1 Failures affecting third-party providers shall be deemed force majeure events for purposes of these Terms where such failures are beyond the reasonable control of Wicked Web Wizard.

127. No Agency Relationship

127.1 Unless expressly stated otherwise, Wicked Web Wizard acts as an independent service provider and not as agent, representative or guarantor of any third-party provider.

128. Client Acknowledgement

128.1 The Client acknowledges that:

• Modern hosting services depend upon multiple third-party providers;
• Wicked Web Wizard cannot control all third-party systems;
• Third-party failures are unavoidable from time to time;
• The pricing of Services reflects this allocation of risk.

129. Survival

129.1 The provisions of this Section shall survive:

• Suspension;
• Cancellation;
• Termination;
• Expiry of Services.

129.2 Such provisions shall remain enforceable to the extent necessary to protect Wicked Web Wizard from liability arising from third-party providers.

12. Suspension, Abuse Handling & Enforcement

130. Right To Suspend Services

130.1 Wicked Web Wizard may suspend any Service immediately where it reasonably believes that:

• These Terms have been breached;
• Applicable law has been breached;
• Security risks exist;
• Abuse has occurred;
• Infrastructure is at risk;
• Other clients may be affected;
• Wicked Web Wizard may incur liability.

130.2 Suspension may occur without prior notice where immediate action is reasonably necessary.

131. Abuse Complaints

131.1 Wicked Web Wizard may investigate any complaint received regarding:

• Spam;
• Malware;
• Copyright infringement;
• Trademark infringement;
• Phishing;
• Fraud;
• Security incidents;
• Unlawful content;
• Network abuse.

131.2 Complaints may originate from:

• Clients;
• Registrars;
• Registries;
• Rights holders;
• Law enforcement agencies;
• Regulatory bodies;
• Third-party providers.

132. Investigation Rights

132.1 Wicked Web Wizard may investigate suspected breaches.

132.2 Investigations may include:

• Log analysis;
• Traffic analysis;
• File inspection;
• Email review;
• DNS review;
• Security review.

132.3 Wicked Web Wizard shall determine the scope of any investigation.

133. Client Cooperation

133.1 The Client shall cooperate fully with any reasonable investigation.

133.2 Failure to cooperate may constitute a material breach.

133.3 Wicked Web Wizard may suspend Services pending cooperation.

134. Preservation Of Evidence

134.1 Wicked Web Wizard may preserve:

• Logs;
• Files;
• Emails;
• Databases;
• Access records;
• Audit records;
• Server records.

134.2 Such evidence may be retained for:

• Legal proceedings;
• Regulatory investigations;
• Security investigations;
• Compliance purposes.

135. Copyright Complaints

135.1 Upon receipt of a copyright complaint, Wicked Web Wizard may:

• Remove content;
• Restrict access;
• Suspend Services;
• Request evidence from the Client.

135.2 Wicked Web Wizard shall not be liable for actions taken in good faith in response to copyright complaints.

136. Trademark Complaints

136.1 Wicked Web Wizard may investigate trademark complaints.

136.2 Wicked Web Wizard may suspend disputed content pending resolution.

137. Defamation Complaints

137.1 Wicked Web Wizard reserves the right to investigate complaints alleging unlawful defamatory content.

137.2 Wicked Web Wizard may take protective action where legal risk exists.

138. Security Complaints

138.1 Wicked Web Wizard may immediately suspend Services where security complaints indicate:

• Active compromise;
• Malware distribution;
• Phishing activity;
• Infrastructure abuse.

138.2 No prior notice shall be required.

139. Law Enforcement Requests

139.1 Wicked Web Wizard may comply with lawful requests issued by:

• Courts;
• Law enforcement agencies;
• Regulatory authorities;
• Government agencies.

139.2 Wicked Web Wizard may disclose information where required by law.

140. Regulatory Requests

140.1 Wicked Web Wizard may cooperate with regulatory investigations.

140.2 The Client shall bear responsibility for its own regulatory compliance.

141. Emergency Actions

141.1 Wicked Web Wizard may take emergency action where it reasonably believes immediate intervention is required.

141.2 Such action may include:

• Suspension;
• Content removal;
• DNS restrictions;
• Email restrictions;
• Server isolation.

141.3 Wicked Web Wizard shall not be liable for losses arising from emergency action taken in good faith.

142. High-Risk Accounts

142.1 Wicked Web Wizard may classify accounts as high-risk where they:

• Generate repeated abuse complaints;
• Create security incidents;
• Cause blacklisting;
• Cause infrastructure instability;
• Create legal exposure.

142.2 Additional restrictions may apply to high-risk accounts.

143. Repeat Offenders

143.1 Repeated violations may result in:

• Suspension;
• Permanent restrictions;
• Service termination;
• Refusal of future Services.

143.2 Wicked Web Wizard shall determine whether violations are repeated or persistent.

144. Abuse Response Costs

144.1 Where abuse complaints arise from the Client's conduct, Wicked Web Wizard may recover:

• Investigation costs;
• Administrative costs;
• Technical costs;
• Legal costs;
• Third-party costs.

144.2 Such costs shall be immediately payable upon invoicing.

145. False Complaints

145.1 Wicked Web Wizard may disregard complaints reasonably believed to be frivolous, malicious or unfounded.

145.2 Wicked Web Wizard shall determine the appropriate response to such complaints.

146. No Liability For Enforcement Action

146.1 Wicked Web Wizard shall not be liable for losses arising from:

• Investigations;
• Suspensions;
• Restrictions;
• Content removal;
• Evidence preservation;
• Law enforcement cooperation.

146.2 Such actions shall be deemed reasonable protective measures.

147. Termination Following Abuse

147.1 Wicked Web Wizard may terminate Services immediately where:

• Serious abuse occurs;
• Repeated abuse occurs;
• Legal risk exists;
• Infrastructure risk exists;
• Security risk exists.

147.2 No refund shall be due following termination for abuse.

148. No Prior Warning Requirement

148.1 Wicked Web Wizard shall not be required to provide warnings before taking protective action.

148.2 The urgency of the circumstances shall determine whether notice is appropriate.

149. Survival

149.1 The provisions of this Section shall survive:

• Suspension;
• Cancellation;
• Termination;
• Expiry of Services.

149.2 Such provisions shall remain enforceable to the extent necessary to protect Wicked Web Wizard, its infrastructure, its personnel and its clients.

13. Account Termination, Data Retention & Deletion

150. Termination By The Client

150.1 The Client may terminate Hosting Services by providing written notice to Wicked Web Wizard.

150.2 Termination shall not relieve the Client of any obligation arising prior to termination.

150.3 All outstanding fees, charges, interest and costs shall become immediately due and payable upon termination.

151. Termination By Wicked Web Wizard

151.1 Wicked Web Wizard may terminate Services immediately where:

• These Terms are breached;
• Payment remains outstanding;
• Abuse occurs;
• Unlawful activity occurs;
• Security risks exist;
• Continued provision of Services becomes commercially impractical.

151.2 Wicked Web Wizard may exercise termination rights without liability.

152. Effect Of Termination

152.1 Upon termination:

• Hosting services may cease;
• Email services may cease;
• DNS services may cease;
• Domain management services may cease;
• Access credentials may be disabled.

152.2 The Client acknowledges that Services may become unavailable immediately following termination.

153. Client Responsibility Prior To Termination

153.1 Prior to termination the Client shall:

• Download required files;
• Download required databases;
• Export required emails;
• Obtain copies of required records.

153.2 Wicked Web Wizard shall not be responsible for the Client's failure to retrieve data.

154. Data Access Following Termination

154.1 Wicked Web Wizard may, but shall not be obliged to, provide limited post-termination access for data retrieval.

154.2 Such access may be subject to:

• Outstanding accounts being settled;
• Administrative fees;
• Security requirements.

154.3 Wicked Web Wizard may refuse such access in its sole discretion.

155. Data Retention Periods

155.1 Wicked Web Wizard may retain Client data for a limited period following termination.

155.2 Retention periods shall be determined in Wicked Web Wizard's sole discretion unless otherwise required by law.

155.3 Retention of data shall not create an obligation to provide access or restoration services.

156. Deletion Of Data

156.1 Following expiry of any retention period, Wicked Web Wizard may permanently delete:

• Website files;
• Databases;
• Emails;
• Backups;
• Logs;
• User records;
• Hosted content.

156.2 Such deletion may occur without further notice.

157. No Obligation To Retain Data

157.1 Wicked Web Wizard shall have no obligation to retain Client data indefinitely.

157.2 The Client acknowledges that permanent deletion may be irreversible.

157.3 Once data has been permanently deleted, Wicked Web Wizard may have no technical ability to recover such data and shall have no obligation to attempt recovery.

158. Unpaid Accounts

158.1 Where accounts remain unpaid, Wicked Web Wizard may:

• Suspend Services;
• Restrict access;
• Disable accounts;
• Delete data after a reasonable period.

158.2 No liability shall arise from such action.

159. Abandoned Accounts

159.1 Accounts may be deemed abandoned where:

• Fees remain unpaid;
• Services remain inactive;
• The Client becomes uncontactable;
• The Client fails to respond to communications for an extended period.

159.2 Wicked Web Wizard may close abandoned accounts.

159.3 Data associated with abandoned accounts may be deleted.

160. Domain Names Following Termination

160.1 Domain names remain subject to registrar and registry rules.

160.2 Wicked Web Wizard shall not be liable where:

• Domains expire;
• Domains are released;
• Domains enter redemption;
• Domains are registered by third parties.

160.3 The Client remains responsible for domain management unless expressly transferred.

161. Domain Transfers Following Termination

161.1 Domain transfers remain subject to:

• Outstanding balances being settled;
• Registrar requirements;
• Registry requirements.

161.2 Wicked Web Wizard may withhold assistance until outstanding amounts have been paid.

162. Email Services Following Termination

162.1 Email hosting services may cease immediately following termination.

162.2 The Client remains responsible for exporting any required email data.

162.3 Wicked Web Wizard shall not be liable for loss of email messages following termination.

163. Backups Following Termination

163.1 Wicked Web Wizard may delete backups associated with terminated accounts.

163.2 The Client shall not assume that backups will remain available.

163.3 Backup restoration requests following termination may be refused.

164. Account Reactivation

164.1 Reactivation of terminated accounts shall be entirely at the discretion of Wicked Web Wizard.

164.2 Reactivation may require:

• Payment of outstanding fees;
• Payment of accrued interest;
• Payment of administrative fees;
• Payment of reactivation fees.

164.3 Wicked Web Wizard shall not guarantee successful reactivation.

165. Migration Requests

165.1 Following termination, the Client may request migration assistance.

165.2 Migration assistance shall be charged at Wicked Web Wizard's prevailing rates.

165.3 Wicked Web Wizard does not guarantee successful migration to third-party providers.

166. Legal Holds

166.1 Wicked Web Wizard may preserve data where required by:

• Court order;
• Regulatory requirements;
• Law enforcement requests;
• Ongoing investigations.

166.2 Preservation of data shall not create any obligation to preserve all Client data.

167. No Liability For Deletion

167.1 Wicked Web Wizard shall not be liable for losses arising from:

• Data deletion;
• Account closure;
• Service termination;
• Domain expiry;
• Email deletion;
• Backup deletion;

where such action is authorised under these Terms.

168. Survival

168.1 The provisions of this Section shall survive:

• Suspension;
• Cancellation;
• Termination;
• Expiry of Services.

168.2 Such provisions shall remain enforceable to the extent necessary to protect the rights and legitimate interests of Wicked Web Wizard.

14. Liability, Disputes & Legal Enforcement

169. Services Provided "As Is"

169.1 Hosting, domain, email, DNS, SSL and related services are provided on an "as is" and "as available" basis.

169.2 Wicked Web Wizard does not warrant that Services shall:

• Be uninterrupted;
• Be error-free;
• Be continuously available;
• Meet every expectation of the Client;
• Remain available indefinitely.

169.3 The Client acknowledges the inherent risks associated with internet-based services.

170. No Guarantee Of Uptime

170.1 Unless expressly agreed in a separate Service Level Agreement, Wicked Web Wizard does not guarantee any specific uptime percentage.

170.2 Downtime may occur as a result of:

• Maintenance;
• Security incidents;
• Third-party failures;
• Infrastructure failures;
• Force majeure events.

170.3 Such downtime shall not constitute breach of contract.

171. No Guarantee Of Email Delivery

171.1 Wicked Web Wizard does not guarantee:

• Email delivery;
• Email receipt;
• Inbox placement;
• Email routing success.

171.2 Email delivery remains dependent upon numerous third-party systems outside the control of Wicked Web Wizard.

172. No Guarantee Of Domain Availability

172.1 Wicked Web Wizard does not guarantee:

• Domain availability;
• Domain registration approval;
• Domain retention;
• Domain renewal.

172.2 Domain registrations remain subject to registrar and registry requirements.

173. Limitation Of Liability

173.1 To the maximum extent permitted by law, Wicked Web Wizard shall not be liable for:

• Loss of profits;
• Loss of revenue;
• Loss of business;
• Loss of goodwill;
• Loss of opportunity;
• Loss of anticipated savings;
• Business interruption;
• Reputational damage;
• Consequential damages;
• Indirect damages.

174. Exclusion Of Data Loss Liability

174.1 Wicked Web Wizard shall not be liable for:

• Loss of data;
• Loss of emails;
• Loss of backups;
• Loss of databases;
• Corruption of files;
• Loss of digital assets.

174.2 The Client remains solely responsible for maintaining independent backups.

175. Third-Party Failures

175.1 Wicked Web Wizard shall not be liable for failures arising from:

• Registrars;
• Registries;
• Data centres;
• Cloud providers;
• Email providers;
• DNS providers;
• Certificate authorities;
• Software vendors;
• Telecommunications providers.

175.2 Such failures shall not constitute breach.

176. Security Incidents

176.1 Wicked Web Wizard shall not be liable for losses arising from:

• Malware;
• Hacking;
• Cyber attacks;
• Ransomware;
• DDoS attacks;
• Credential compromise.

176.2 The Client acknowledges that no system can be guaranteed completely secure.

177. Client Indemnity

177.1 The Client indemnifies and holds harmless Wicked Web Wizard, its directors, employees, contractors and representatives against any claim arising from:

• Content hosted by the Client;
• Domain usage;
• Email usage;
• Spam activity;
• Intellectual property infringement;
• Unlawful conduct;
• Breach of these Terms.

177.2 This indemnity includes legal costs on the attorney-and-client scale.

178. Liability Cap

178.1 To the maximum extent permitted by law, the total aggregate liability of Wicked Web Wizard relating to Hosting and Domain Services shall not exceed the lesser of:

• The fees paid for the affected Service during the three (3) months immediately preceding the event giving rise to the claim; or
• The total fees paid for the affected Service.

178.2 This limitation shall apply collectively to all claims arising from the same event.

179. Exclusive Remedies

179.1 Where a valid claim exists, Wicked Web Wizard may elect to:

• Correct the issue;
• Restore the Service;
• Provide a workaround;
• Refund the fees paid for the affected Service.

179.2 Such remedy shall constitute the Client's sole and exclusive remedy.

180. Dispute Notice

180.1 Any dispute shall first be reduced to writing.

180.2 The dispute notice shall:

• Clearly identify the dispute;
• Provide supporting evidence;
• Specify the remedy sought.

181. Good Faith Negotiation

181.1 The parties shall attempt to resolve disputes through good faith negotiation.

181.2 Such negotiations shall continue for a period of fourteen (14) Business Days before legal proceedings are commenced.

182. Mediation

182.1 Either party may propose mediation.

182.2 Mediation shall take place within the Republic of South Africa.

182.3 Costs shall be shared equally unless otherwise agreed.

183. Evidence Of Performance

183.1 The following shall constitute prima facie evidence of performance by Wicked Web Wizard:

• Server logs;
• DNS records;
• Hosting records;
• Email records;
• Billing records;
• Audit logs;
• Support tickets;
• System logs;
• Monitoring records.

183.2 Such records shall be admissible in any dispute resolution process.

184. Evidence Of Client Activity

184.1 Wicked Web Wizard may rely upon:

• Login records;
• IP address records;
• Control panel logs;
• Email logs;
• User activity logs.

as evidence of Client activity.

185. Electronic Communications

185.1 Emails, support tickets, portal communications, SMS messages and electronic communications shall constitute admissible evidence.

185.2 Electronic acceptance shall be legally binding.

186. Certificate Of Indebtedness

186.1 A certificate signed by any director, manager or authorised representative of Wicked Web Wizard shall constitute prima facie proof of:

• Outstanding balances;
• Interest due;
• Costs recoverable.

186.2 Such certificate shall be sufficient for purposes of:

• Summary judgment;
• Default judgment;
• Debt recovery proceedings.

187. Legal Costs

187.1 The Client shall be liable for all costs incurred by Wicked Web Wizard in enforcing its rights.

187.2 Such costs shall include:

• Attorney fees;
• Advocate fees;
• Tracing fees;
• Collection costs;
• Sheriff fees;
• Court costs.

187.3 Such costs shall be recoverable on the attorney-and-client scale.

188. Jurisdiction

188.1 These Terms shall be governed by the laws of the Republic of South Africa.

188.2 The Client irrevocably consents to the jurisdiction of any court of competent jurisdiction within the Republic of South Africa.

188.3 Wicked Web Wizard may institute proceedings in:

• The Magistrates' Court;
• The Regional Court;
• The High Court of South Africa.

at its sole election.

189. Waiver

189.1 No failure or delay by Wicked Web Wizard in enforcing any right shall constitute a waiver.

189.2 Any waiver shall be effective only if reduced to writing and signed by a director of Wicked Web Wizard.

190. Severability

190.1 Should any provision of these Terms be found invalid or unenforceable, the remaining provisions shall remain in full force and effect.

190.2 The invalid provision shall be replaced by a lawful provision reflecting the original commercial intent as closely as possible.

191. Survival

191.1 The following provisions shall survive termination:

• Payment obligations;
• Interest obligations;
• Liability limitations;
• Indemnities;
• Intellectual Property rights;
• Dispute Resolution provisions;
• Legal Enforcement provisions.

192. Entire Agreement

192.1 These Hosting & Domain Terms, together with:

• The General Terms & Conditions;
• The Privacy Policy;
• The Acceptable Use Policy;
• Any Service Agreement;

constitute the entire agreement relating to Hosting & Domain Services.

193. Acknowledgement

193.1 The Client acknowledges that:

• It has read these Terms;
• It understands these Terms;
• It has had an opportunity to obtain independent legal advice;
• It voluntarily agrees to be bound by these Terms.

193.2 The Client further acknowledges that the limitations, exclusions and protections contained herein are reasonable and necessary to enable Wicked Web Wizard to provide Hosting and Domain Services on a commercially viable basis.