Legal Notices
Domain Name Terms of Service

With regard to the support of domain names for "shared hosting", "reseller hosting", "dedicated servers" and "parking", several points of policy apply:

1.1. The CO.ZA Administrator runs the registry system used to process .co.za domain names related transactions initiated by Domain Name Registrars, such as DigiServ™, which include domain registrations, domain updates, domain renewals, domain deletions, domain queries and domain transfers.

1.2. DigiServ™ has been accredited as an independant Registrar to register Domain Names on the CO.ZA Adminstrator’s registry system. All Domain Names that we register on your behalf within the .co.za domain name space are subject to the Administrator Policies located at www.registry.net.za, and may be amended from time to time.

1.3. DigiServ™ act on your instructions to the extent that those instructions are possible and lawful. Domain Name Administrators (registries) have the right to cancel, transfer or suspend a Domain Name registration in certain circumstances. For example where it would put the Adminstrator in conflict with any law or upon receipt of a court order or ruling of an arbitrator. Likewise DigiServ™ may cancel the registration or suspend the name service of a domain name in exceptional circumstances such as the application of the order of a Court, the use of the name for illegal purposes or where a domain name could cause technical problems on the Internet.

1.4. DigiServ™ also use the Services of an international registrar to register generic Top Level Domains (gTLDs such as .com and .org) as well as Top Level Domains in non-South African country codes (ccTLDs such as .uk and .eu). This registration is subject to the terms of the relevant registrar. Registration, maintenance, or transfer of a Domain Name is subject to the terms of the relevant registry governing the Domain Name. We cannot guarantee the registration of any Domain Name selected by you.

1.5. The following principles apply with regard to Domain Name registrations:

1.5.1. Domains Names are made available on a “first come, first served” basis. We therefore do not guarantee that the Domain Name requested by you is available for registration.

1.5.2. We do not permit “cybersquatting” (also known as “domain squatting”): registering a Domain Name in bad faith with the intention of profiting from the goodwill of a trademark belonging to someone else.

1.5.3. The use of any domain name that is considered offensive, defamatory, libelous or violate of any local, state, federal or international law including any violation of intellectual property, copyright, trademark, trade secret, misappropriation and anti-dilution laws is strictly prohibited. It is the sole responsibility of the domain name owner (registrant) to take all steps necessary to ensure that the domain name selected is not violative of any law or any other party's rights. DigiServ™ reserves the right to refuse to host, register, or support domain names that it finds offensive or libelous. Judgement of what constitutes "offensive" or "libelous" shall be at the sole discretion of DigiServ™.

1.5.4. Registering a Domain Name is like getting a licence. As long as the Domain Name is current, you can continue to use it. Domain Names are not regarded as property and cannot be “owned” by anyone. However, the domain name will be registered in the name of the “Registrant”. We are a proud member of Internet Service Providers’ Association (ISPA) and uphold the ISPA Code of Conduct by not registering domain names in our name.

1.5.5. Registering any domain to our DNS nameservers without the intent of paying our fees or the authoritative registrar's fees is expressly prohibited.

1.5.6. It is important to ensure that the correct person or entity is reflected as the Registrant as DigiServ™ will only act on the instructions of the Client Area Account Owner or anyone authorised to act on the DigiServ™ Client Area. In certain instances the Registrant might not be the Client Area Account Owner.

1.5.7. You as Registrant or your agent will retain control of your Domain Name. We will maintain the Domain Name for you as part of the Service.

  • 1.5.8. We will insert our details as the billing and technical contact of the Domain Name, unless you register the Domain Name yourself or manage the Domain Name record directly with the applicable Registry.

1.5.9. Any Internet Protocol (IP) address that we allocate to you will remain our sole property. We give you a non-exclusive, non-transferable licence to use the IP address for the duration of our agreement with you.

  • 1.5.10. If you are a DigiServ™ Reseller, you agree not to make yourself the Registrant of your customer’s Domain Name. If you do so, we reserve the right to terminate your Reseller status.

1.5.11. Domain Names are registered for one year. Whilst we will try to ensure that your Domain Name does not lapse, it is your responsibility to ensure that your Domain Name does not lapse. We will try to send you a reminder. It sometimes happens that reminders are not received due to events beyond our control and we will not be liable.

1.6. You must provide us with all the information that we request from you. We will not be held responsible if you give us incomplete or inaccurate information that will lead to a delay in the registration process, subsequently resulting in the Domain Name being registered by someone else.

1.7. The following fees will be incurred by you:
  • 1.7.1. the annual Administrator Fee for the Domain Name;
  • 1.7.2. our Service fee for applying for, and where applicable, maintaining the registration of a Domain Name on your behalf; and
  • 1.7.3. all reasonable expenses or charges relating to the registration, transfer, or renewal of the Domain Name.
These service fees are non-refundable.

1.8. You warrant that:
  • 1.8.1. you are entitled to register and use the Domain Name; or
  • 1.8.2. you have the consent of the Registrant to use the Domain Name if you are not the owner; or
  • 1.8.3. you are not prohibited by law or otherwise from registering the Domain Name; and
  • 1.8.4 in using the Domain Name, you have not violated any Intellectual Property Rights of any person who may lawfully claim title to the Domain Name or to any word or name forming an essential part of the Domain Name.

1.9. You indemnify us against any loss or damage that we may suffer arising from your registration or use of the Domain Name. DigiServ™ does not accept any responsibility for the use of any Domain Name on the Register of Domain Names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts. DigiServ™ will not be held liable for any disputes arising out of domain name registrations or hosting on behalf of The Customer.

1.10. DigiServ™ will not refund the Customer for any domain name if the domain name has already been successfully registered/renewed with the relevant registry/registrar.

1.11. DigiServ™ may from time to time change the registrar that a domain is held with. The Customer agrees to allow DigiServ™ to do so as it sees fit and without notice.

1.12. The Customer shall at all times comply with the terms and conditions for the registration of domain names published by the relevant naming authority and generally to the terms and conditions of any such authority having similar force and to which the client may become subject as a result of services provided by DigiServ™.

1.13. The Customer shall check the domain name as reported on any of DigiServ™'s documents sent to the Customer, such as the invoice, customer information sheet or otherwise, is spelt correctly. In the event of any error, the Customer should notify DigiServ™ promptly before the domain name is registered with the relevant registry/registrar.

The following relevant registry/registrar terms of service, policies and regulations are hereby incorporated into this Agreement by reference:

International Domain Names

1.14. If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.

1.15. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area.

1.16. Should an expired domain enter the redemption period, the cost of restoring the domain shall be no more than USD $250.

Changes to .co.za Domain Name and Domain Name Information

2.1. It is not possible for us or the Administrator to amend the actual Domain Name itself. If there has been an error in the spelling of a Domain Name it will need to be cancelled and a new registration created. Unless you request the change before the domain name has been registered with the relevant registry/registrar, you will be required to pay a fee.

2.2. Either the Registrant or its agent (as described below) can change .co.za Registrant information (for example the Registrant’s name, email address, telephone number and physical address) through the Client Area.

2.3. If the Registrant has a DigiServ™ Client Area account, the Registrant can make the changes.

2.4. If the Registrant has appointed an agent with a DigiServ™ Client Area to administer the Domain Name, the Domain Name will be linked to that agent’s Client Area and the agent will be able to make the changes.

2.5. DigiServ™ will only act on the instructions of the Client Area Account Owner or anyone authorised to act on the Client Area Account.

2.6. Where a change takes place, the Domain Name status will change to “pending update” and the pending update period of five consecutive days will commence. This five day period has been instituted by the Administrator and cannot be modified by DigiServ™. On expiry of the pending update period, the Domain Name information will automatically be updated. 

2.7. The Registrant can ask DigiServ™ to create a Client Area Account and transfer control of the Domain Name to the Registrant’s Client Area at any time, provided any requirements laid down by DigiServ™ are met.

Disputes

3.1. In the event of a dispute around a Domain Name between the Registrant and someone else (including his agent) regarding control of the Domain Name or DigiServ™ Client Area to which the Domain Name is linked, we will prevent either party from accessing or performing domain updates through the Client Area until such time as the dispute has been resolved or we receive written instructions to change the name of the Registrant from:

3.1.1. the liquidator of an incorporated or unincorporated business, where the business has been wound up, whether provisionally or finally, whether compulsory or voluntary;
3.1.2. a written and valid resolution of the members, shareholders or trustees of a close corporation, company or trust authorising the transfer of the Domain Name to the new Registrant;
3.1.3. a written consent signed by all the partners in a partnership where a partner requests that the Domain Name be transferred to the partner;
3.1.4. a letter from the executor where the Registrant of the Domain Name has died requesting that the Domain Name be transferred to a named entity;
3.1.5. an order of Court in relation to any of the above; or
3.1.6. an order of an Arbitration Tribunal of competent jurisdiction requiring action in any administrative proceeding, conducted under the Uniform Dispute Resolution Policy adopted by ICANN, Alternate Dispute Resolution Regulations in South Africa or any similar proceedings in another ccTLD or gTLD to which you are a party.

3.2. In certain circusmtances, the Domain Name might be “locked”. A “locked” Domain Name can only be transferred by the Adminstrator. The ability to lock a Domain Name is generally intended for situations where a court, or other recognised authority such as an accredited Domain Name dispute resolution provider, intends presiding over a dispute concerning the Domain Name and has informed the Administrator. The Domain Name will be "frozen" until a hearing or adjudication on the matter has been finalised. Only the Administrator is able to lock and unlock a Domain Name.

3.3. The Registrant indemnifies us against any loss or damage that we may suffer arising from us preventing either party from accessing or performing Domain Name updates through the Client Area.

Domain Name Cancellations

4.1. A Domain Name can be cancelled at any time other than during a grace period.

4.2. Initiating a Domain Name cancellation request will result in the Domain Name being suspended and ultimately deleted from the Registry.

4.3. Once initiated, a period of five consecutive days must run (the “pending suspension” period) whereafter the status of the Domain Name will automatically change to the “pending deletion” period which will run for another five consecutive days. At the end of the pending deletion period the Domain Name will automatically be deleted and revert back into the pool of available Domain Names. Domain Names that have been deleted from the Registry database cannot be reinstated.

4.4. The Pending Suspension and Pending Deletion periods are a fixed system parameter instituted by the Administrator and cannot be modified by us.

Domain Name Renewals

5.1. We will give you a renewal reminder by email within 60, 30, 15, 7 and 1 days prior to the renewal date of your Domain Name.

5.2. If you do not want to renew the Domain Name, you must give written notice 35 days prior to the domain name renewal date.

5.3. If you do not give the required notice we may automatically renew the Domain Name and a renewal fee will be added to your next invoice.

Payment Default of the Domain Services

6.1. If you fail to pay us any cost or charge relating to the registration, renewal, update, change, or administration of any Domain Name, we may:

  • 6.1.1. exercise a lien (right to withhold) over the Domain Name until the relevant cost or charge has been paid;
  • 6.1.2. obtain or allow the suspension, termination, or deletion of the Domain Name; or
  • 6.1.3. transfer the Domain Name to another Registrant.

Termination of the Domain Services

7.1. If the Domain Service is terminated for any reason, we may, without incurring any liability, notify the relevant Registrar or Registry of the termination and instruct the Registrar or Registry to remove us or any of our systems as the host of the Domain Name even if no replacement is available.

7.2. If any of the Registrars or Registries amend, suspend or terminate its provision of a Domain Service or any other aspect of its services upon which we depend for the provision of the Domain Service to you, we will try to ensure the continuance of the Domain Service. If we are unable to ensure the continuance under any circumstances, we will not be liable to you or any other third party for any loss or damages you or any third party may suffer arising from, or in any way relating to, the termination of the Domain Services.

Domain Name Disputes

8.1. Various alternate dispute resolution mechanisms apply for Domain Names registered globally. These include:

  • 8.1.1. the Uniform Dispute Resolution Policy adopted by ICANN for certain gTLDs;
  • 8.1.2. the Alternate Dispute Resolution Regulations applicable in South Africa; and
  • 8.1.3. similar proceedings in other ccTLDs.

8.2. Disputes between you and any third party about registration or use of any Domain Name registration may be brought under any available alternate dispute resolution mechanisms, Court, or Arbitration Tribunal.

8.3. We will not participate in any way in a dispute between you and a third party. If you involve us in any dispute, you indemnify us against any loss or damage that we may suffer or expense that we may incur (including legal costs we incur on the attorney and own client scale and you will be liable to pay our attorney’s fees).

8.4. Note that the Domain Name will be ‘”frozen” until a hearing or adjudication on the matter has been finalised. Locked Domain Names, although not removed from the zone file, will not be able to be updated, cancelled, re-instated or released until they are unlocked.

Free Domain Name Registration

9.1. Your free domain registration is provided with the clear assumption that you intend to host with DigiServ™ for the foreseeable future. If your intention is to just use our free policy to get your domain registered and then immediately cancel your hosting account then we will not pay for your registration. In the case that the money-back guarantee option is used, the domain name registration must be paid to us per year per domain name.

9.2. If, however you do have a legitimate reason for cancelling your account immediately, then we will review it on the merits and pay for your registration in good faith.

9.3. Our hosting and free registration is sold as a bundled package and cannot be separated, i.e. we will not pay for your registration if it is not combined with any of our hosting packages. The domain name registration will remain free for the entire period that you host with DigiServ™.

9.4. DigiServ™ will not tolerate any intended abuse of our free registration policy. Any such abuse will result in the immediate termination of your account and Service Agreement.

Important Note

We are strongly opposed to anyone collecting large numbers of domain names and selling them off. If you need to hold onto a couple of names for future projects, that's fine; if you are registering hundreds of names just because they're combinations of words, or because you think someone might want the names from you in the future, you'll have to find service elsewhere.