1.1 “Internet 365” means either of Internet 365 (Pty) Ltd or any other entity which Internet 365 (Pty) Ltd may assign, cede or delegate any of their rights or obligations to.
1.2 “Internet 365 System” means equipment operated together as a system by Internet 365 to provide any Service, including without limitation servers, peripherals, routers, switches, Software, Databases, cables, generators, and uninterruptible power supplies.
1.3 “Internet 365 Website” means the Internet website published at the URL “www.internet365.co.za” or another URL that Internet 365 notifies the Client of from time to time.
1.4 “Agreement” means these General Terms, Acceptable Use Policy, and applicable Service Terms, Service Orders and all annexures to any of these documents.
1.5 “Application” means a request for initiation of a Service(s) and / or provision of Good(s);
1.6 “Business Day” means any day other than a Saturday, a Sunday or a public holiday in the Republic of South Africa.
1.7 “Business Hour” means a period of 60 minutes between the hours of 08h00 and 17h00 South African Time, on a Business Day.
1.8 “Client” is the party described as such on any Application or Service Order executed between it and Internet 365.
1.9 “Client Data” means Data:
1.9.1 transmitted to the Client using the Internet 365 System,
1.9.2 stored by the Client on the Internet 365 System (or on the Client System as the case may be), or
1.9.3 transmitted by the Client via the Internet 365 System,
1.9.4 in the day-to-day utilisation of a Service.
1.10 “Client Equipment” means any equipment installed at Internet 365’s premises by the Client that Internet 365 does not own, including without limitation servers, peripherals, routers, switches, Software, Databases, Data cables, and uninterruptible power supplies.
1.11 “Client Zone” means the Client account login area of Internet 365’s portal, accessed by using Client credentials and passwords;
1.12 “Data” means electronic representations of information in any form.
1.13 “Database” means a collection of related data including, but not limited to, text, images sound and video, all of which have been created and integrated using a method of connecting and displaying the data into a collection of interrelated independent files or data which are stored together.
1.14 “Domain” means an Internet subdomain registered with an authorised registrar appropriate to its top-level domain (“TLD”) and comprising its constituent domain name server records including, but not limited to, host names, aliases and mail exchange (“MX”) records.
1.15 “Emergency Maintenance” means maintenance to the Internet 365 System intended to remedy existing circumstances or prevent imminent circumstances that are likely to cause danger to persons or property, an interruption to the Communication Services, or substantial loss to Internet 365, the Client or any third party.
1.16 “Fee” in respect of each Service will be as noted in the Fee Schedule provided to the Client on initiation of the Service and adjusted from time to time.
1.17 “Goods” means any and all goods to be provided by Internet 365 to the Client in terms of this Agreement, including without limitation equipment, hardware and third party software.
1.18 “Good Industry Practice” means the exercise of that degree of skill, diligence, prudence and foresight which would reasonably be expected from a skilled and experienced service provider providing similar services to those provided under this Agreement. Such a service provider would seek in good faith to comply with its contractual obligations, and with all applicable laws, codes of professional conduct, relevant codes of practice, relevant standards, and all conditions of planning and other consents.
1.19 “Intellectual Property Rights” means patents, registered designs, trade marks (whether registered or otherwise), copyright, trade secret rights, database rights, design rights, service marks and other intellectual property rights and rights to claim something as confidential information, including in other jurisdictions, that grant similar rights.
1.20 “Malicious Code” means anything that contains any computer software routine or code intended to:
1.20.1 allow unauthorised access or use of a computer system by any party, or
1.20.2 disable, damage, erase, disrupt or impair the normal operation of a computer system,
1.20.3 and includes any back door, time bomb, Trojan horse, worm, drop dead device or computer virus.
1.21 “Multi-Factor Authentication” refers to the process of establishing a user’s identity using several concurrent means of verification such as one-time pin, security questions or other forms of validation.
1.22 “OTP” means One-Time Pin or One-Time Password that is used for login to Internet 365 systems or for verification purposes.
1.23 “RICA” means the Regulation of Interception of Communications and Provision of Communication-related Information Act 70 of 2003.
1.24 “Services” generally means internet services and access but for each specific service offering the meaning will be specified in more detail, as provided in the additional terms for each of the listed options.
1.25 “Service Order” means a goods, license, services and / or work order agreed to in terms of this Agreement describing the specific Goods or Services to be provided by Internet 365 to the Client.
1.26 “Service Terms” means a document describing the terms on which Internet 365 will provide a particular Good or Service, as amended from time to time.
1.27 “General Terms” means this document.
1.28 “Software” means any computer programme (whether source- or object code), as well as any database structure or content, artistic work, screen layout, cinematograph film, sound recording, preparatory material, user or technical documentation or any other work created in connection therewith and any modifications, enhancements or upgrades thereto.
1.29 “Supplier” means a supplier of goods and / or services to Internet 365.
1.30 “Two Factor Authentication” refers to the process of establishing a user’s identity using various methods, such as one-time pin and security questions.
1.31 “User/s” means the Client or any other person accessing any the Services provided by Afrihost.