Legal Notices
Reseller Agreement

The purpose of this agreement is to clearly lay out DigiServ™ Technologies’ reseller policies and procedures so that all resellers have a clear understanding what can be expected of us and what we expect of you, as a valued reseller. We ask that every reseller read through this policy and familiarize themselves with it. We look forward to providing high quality support for all your hosting needs.

The following agreement is in addition to our Terms and Conditions & Acceptable Usage Policy specific to Resellers between DigiServ™ Technologies cc, (here forth known as "DigiServ™"), and you (here forth known as "Reseller").

In consideration of the mutual promises contained herein, the parties agree as follows;

1. Violation of Terms by 3rd Parties

1.1. Actual or attempted violations of these terms and conditions by a customer's end user shall be considered violations of the terms by the customer regardless of intention and will be acted upon accordingly. Your customers have to abide by the same terms and conditions as you do, or we have the right to cancel any of your reseller accounts, in addition, if you abuse our services, we reserve the right to cancel your account, which will also cancel your customers' accounts. 

1.2. When you apply for any Service on behalf of your client, you must ensure that your client agrees to Our Hosting Terms, which includes DigiServ™’s Acceptable Use Policy and Privacy Policy. 

2. Financial Arrangements

2.1. Resellers agree to engage in the business of reselling DigiServ™ products and services for profit.

2.2. Resellers understand that they are responsible for collection of payment from their resold accounts, and any default of payment for resold services cannot be passed along to DigiServ™. You are solely responsible for processing all billing for your clients and for all debt collection relating to your clients. 

2.3. This agreement will automatically renew for the same successive period(s) specified by the Reseller on the initial order unless cancelled by email or through the Client Area 30 days prior to the renewal date. Renewal of services by the Reseller indicates agreement to Contract revisions.

2.4. DigiServ™ shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Resellers for DigiServ™'s services. Resellers agree to take full responsibility for all taxes and fees of any nature associated with such products sold.

2.5. In the event of non-payment exceeding 21 days, DigiServ™ reserves the right to close and or absorb all corresponding accounts.

2.6. All fees will be payable to DigiServ™ as soon as they become due.

2.7. In the event of a dispute arising between the parties, you are obliged to continue paying the Service Fees as and when they become due and payable in terms of this Agreement.

3. Administration & Account Management

3.1. All administrative functions resellers are able to perform using the web based facilities must be managed by the reseller. These include, but are not limited to creating domains, email account setups, password management, email client setup, domain transfers etc...

3.2. As a Reseller you have access to our WHM Control Panel in order to manage settings, including, but not limited to email settings as well as the ability to view and manage domain names and run reports. You must only provide access to employees, authorised by yourself (“Authorised Users”) to have access to your WHM Control Panel. As a Reseller, you are responsible for all access to your WHM Control Panel by your Authorised Users and for any actions taken by any of the Authorised Users.

4. Support

4.1. Resellers are responsible for providing technical support to all resold accounts. As a reseller, you have complete control over the relationship with your customer, which includes billing and first line support. Therefore as a DigiServ™ reseller we would expect you to have sufficient resources in place in order to deliver consistent levels of customer service in line with that of DigiServ™.  We reserve the right to terminate a reseller relationship should we believe that the reseller is operating in contravention of our service agreement.

4.2. Resellers are responsible for supporting their clients. We don’t provide support to our Reseller's clients. If a Reseller's client contacts us, we reserve the right to place the client’s services on hold until the reseller can assume their responsibility for their client. All support requests must be made by the Reseller on their clients' behalf for security purposes. We reserve the right to terminate your Service with DigiServ™ if you fail to provide adequate first line support to your clients. Only when a reseller has exhausted their own resources in resolving a problem should they direct inquiries to the DigiServ™ support channel.

4.3. As a Reseller, you recognise that DigiServ™ is ultimately responsible for the provision of the Service. Under certain circumstances DigiServ™ may be compelled to deal directly with your client. This may happen for example where:

  • 4.3.1. you are unable to attend to any requests by your client due to unavailability i.e. you are not contactable over a period of 48 hours,
  • 4.3.2. you fail to comply with any lawful client request or effect technical changes to enable your client to receive the Services,
  • 4.3.3. you fail to pay any amounts owing to DigiServ™ on due date or
  • 4.3.4. you die. In such event you irrevocably appoint DigiServ™ as your attorney and agent to do all such things and sign all documents relating to the Service as may be necessary.  

    Web Hosting Specific:
    While DigiServ™ may provide the service of registering/transferring the domain names of resold accounts, DigiServ™ is not responsible for any problems or delays in conjunction with this service.

Technical Support:
You, as a reseller are entitled to receive "Free Technical Support", however, technical support is only available via email and is limited to issues directly related to Web hosting such as server connectivity, HTTP, FTP and email services. DigiServ™ does not provide technical support for configuring, using and/or troubleshooting third party applications. Most answers to your questions may be on our support pages available at: https://www.digiserv.biz/clients/DigiServ™ WILL NOT provide technical support to your customers. You are solely responsible for providing direct support to your customers. 

5. Miscellaneous

5.1. You agree not to publish or distribute any advertising material or make any public or press statements regarding DigiServ™ or our Services without prior written consent from DigiServ™.

5.2. You may not use the name “DigiServ™” or any abbreviation in any manner without the prior written consent from DigiServ™. 

5.3. We reserve the right to take whatever action we feel necessary at any time to preserve the security and reliable operation of our infrastructure and you undertake that you will not do or permit anything to be done which will compromise DigiServ™’s security. 

5.4. You authorise DigiServ™ to act on any instruction given by or purporting to originate from yourself or your client, even if it transpires that DigiServ™, yourself and your client have been defrauded by someone else, unless you or your client has notified DigiServ™ prior to DigiServ™ acting on a fraudulent instruction. 

5.5. You unconditionally and irrevocably indemnify DigiServ™ and agree to hold DigiServ™ free from and harmless against all losses suffered or incurred by DigiServ™ as a direct or indirect result of your or your client’s use of the Services, or any downtime, outage, interruption in or unavailability of the Services.

6. Competency

6.1. Use of DigiServ™'s reseller service requires a certain level of knowledge in the use of Internet languages, protocols, and software, and English language skills. This level of knowledge varies depending on the anticipated use and desired content of Client's web space by the Reseller.

6.2. Resellers must have and maintain a good, fundamental understanding of DigiServ™'s products, services, and features offered in its web hosting services. Resellers must also have a firm understanding of relevant Internet related technologies including, but not limited to HTML, diagnosing, FTP, Telnet, basic server-side scripting languages, and e-mail services.

6.3. Resellers are expected to read all associated, supplied documentation.

6.4. The following examples are offered:

Web Publishing: requires knowledge of HTML, properly locating and linking documents, FTP'ing documents, creating graphics, text, sound, image mapping, etc.

E-mail: knowledge of POP3 service, mail forwarding, use of mail clients to receive mail, etc.

6.5. The Reseller agrees that he or she has necessary knowledge to utilise DigiServ™'s service without reliance on DigiServ™, the responsibility to provide this knowledge or Customer Support outside of the defined service of DigiServ™ is solely the Resellers' responsibility.

7. Transferring Non-Resold Accounts to your Reseller Account.

7.1. If you have previously referred clients to DigiServ™ through our Affiliate Program, or you hold other non-resold accounts with DigiServ™, you can transfer up to five (5) of these non-resold accounts to your Reseller Account under the following conditions:

  • 7.1.1. You must be listed as the registered affiliate or account holder for the hosting account;
  • 7.1.2. The hosting account must have been hosted by DigiServ™ for at least 6 months;
  • 7.1.3. The account holder must confirm to us that they wish to move their hosting account to your Reseller Account.

7.2. Please note that any fees paid for a non-resold account prior to transferring it to your Reseller Account are nonrefundable. Therefore we recommend that you transfer non-resold accounts to your Reseller Account just prior to the end of the current billing cycle for the non-resold account.

7.3. DigiServ™ reserves the right to disallow account transfers at our discretion.

8. Shell Accounts

8.1. Shell accounts are available for the purpose of editing and setting up your web site. Shell accounts should not be used as a development platform for issues unrelated to your web site. Users must not leave their home directories at any time and must not attempt to gain the privileges of another user. In the event that such user causes any server crashes/damages, and/or interferes with any of the following files their shell access privileges will be revoked and denied for any future use: .bash_history, .bash_logout, .bash_profile, .bashrc.

8.2. Before shell access can be enabled on your account, you will need to fax a copy of your drivers license, passport or other legal document and reason for requiring Shell access. Shell accounts are only available for the main reseller account. Sub-accounts are not entitled to shell access, no exceptions will be made.