WEB HOSTING TERMS OF SERVICE

Last Updated: 1 July 2026

This Terms of Service Agreement (“Agreement”) is entered into by and between 1Up Digital (“Agency,” “we,” “us,” or “our”) and the party subscribing to or purchasing web hosting services (“Client,” “you,” or “your”).

By subscribing to, paying for, or utilizing any Web Hosting Services provided by 1Up Digital, you agree to be bound by the terms outlined below.

1. Scope of Hosting Services

1Up Digital agrees to provide web hosting infrastructure and server space to host Client’s website files and database as specified in the selected hosting plan.

1.1 Uptime & Server Infrastructure

• Hosting services are provided on 1Up Digital’s managed server infrastructure.

• 1Up Digital targets a 99.9% network uptime per calendar month, excluding scheduled maintenance windows, network provider outages, or upstream infrastructure disruptions beyond our reasonable control.

1.2 Maintenance Windows & Server Updates

• 1Up Digital handles server-level security, operating system patches, and web server software updates.

• Scheduled server maintenance will be carried out during low-traffic hours where possible.

1.3 Backups & Disaster Recovery

• 1Up Digital performs automated server-level backups for disaster recovery purposes.

• While server-level snapshots are maintained, Client remains solely responsible for maintaining independent backups of their website files, media, and databases. 1Up Digital is not liable for data loss caused by Client actions or third-party code errors.

2. Service Exclusions & Out-of-Scope Work

This Agreement covers infrastructure and server hosting only. It explicitly excludes website design, application maintenance, or code debugging.

• Excluded Services:

  • CMS core, theme, or plugin updates (e.g., WordPress/WooCommerce updates).

  • Fixing website layout bugs, broken code, or database errors.

  • Content updates, graphics edits, or custom feature development.

  • Security cleanup or malware removal resulting from outdated plugins/themes maintained by Client.

• Any technical support or troubleshooting requested by Client outside of basic server-level availability will be quoted separately and billed at 1Up Digital’s standard hourly technical rate.

3. Server Access, Acceptable Use & Account Security

• Acceptable Use Policy: Client agrees not to use 1Up Digital’s hosting infrastructure for any unlawful purpose. Hosting or transmitting illegal content, copyright-infringing materials, malware, phishing pages, adult content, or sending unsolicited bulk email (spam) is strictly prohibited.

• Resource Usage: If Client’s website consumes excessive server resources (such as CPU, RAM, or bandwidth) that negatively impacts server stability for other hosted accounts, 1Up Digital reserves the right to request a plan upgrade or temporarily throttle resources.

• Security & Credentials: Client is responsible for maintaining strong passwords for all website administrator accounts and FTP/cPanel/control panel logins.

4. Billing, Payment & Subscriptions

• Recurring Hosting Fees: Web hosting services are billed on a recurring monthly or annual basis, payable in advance on the first day of each billing period.

• Payment Authorization: Client authorizes 1Up Digital to charge the designated payment method (via credit card, debit order, or recurring payment gateway) on the scheduled renewal date.

• Late Payments & Suspension:

  • Accounts unpaid after 7 days from the invoice due date may incur a late fee of 5% or face temporary service suspension.

  • If hosting fees remain unpaid for more than 30 days, 1Up Digital reserves the right to terminate the account and purge website files from the server.

5. Cancellation, Termination & Data Migration

5.1 Cancellation by Client

• Client may cancel hosting services at any time by giving 30 days’ written notice prior to the next billing renewal cycle.

• Hosting fees paid in advance are non-refundable for partial monthly billing cycles.

5.2 Offboarding & Server Migration

• Upon termination and settlement of all outstanding invoices, 1Up Digital will provide Client with a full backup archive (.zip file and database export) of the hosted website.

• Migration of the website files to an external host outside of 1Up Digital’s infrastructure is the responsibility of Client unless a separate migration fee is agreed upon.

6. Limitation of Liability & Indemnification

• No Liability for Indirect Loss: To the maximum extent permitted by South African law, 1Up Digital shall not be held liable for any lost revenue, lost profits, business interruption, or indirect damages resulting from server downtime, hardware failures, cyberattacks, or loss of data.

• Maximum Liability: 1Up Digital’s maximum aggregate financial liability under this Agreement is strictly limited to the total hosting fees paid by Client to 1Up Digital during the three (3) months immediately preceding the event giving rise to the claim.

• Indemnification: Client agrees to indemnify and hold harmless 1Up Digital against any claims, losses, or legal costs arising from Client’s website content, business practices, or intellectual property infringements.

7. Governing Law

This Agreement is governed by and construed in accordance with the laws of the Republic of South Africa. Any legal proceedings or disputes arising under this Agreement shall be subject to the exclusive jurisdiction of the courts of Gauteng, South Africa.

Contact Details

For hosting support or billing inquiries, please contact:

Company: 1Up Digital

Email: taariqmotara@gmail.com

Phone: 083 661 7414