Terms and Conditions 
1. Legend & Definitions 
1.1. 1 The Customer is the legal entity with whom any of the subsidiaries of Hozit Domain 
Hosting has the business relationship. 
1.2. 2 A person is connected with an individual if that person is the individual’s spouse, or 
is a relative, or the spouse of a relative, of the individual or of the individual’s spouse. 
1.3. 3 The percentage of shareholding with voting rights is a good indicator of control over 
a legal person (the Customer), as a shareholder with a significant percentage of shareholding, 
in most cases, exercises control. It may also include the natural person who exercises control 
over the management of the legal person, including in the capacity of an executive officer, 
non-executive director, independent non-executive director, director, or manager (including 
executive control over a partnership). 
1.4. 4 Ultimate Beneficial Owner is the natural person that exercises ultimate ownership or 
control of the legal entity. 
1.5. 5 Source of Wealth means the activities that have generated the total net worth of the 
Customer, that is, the activities that produced the Customer’s funds and property (for 
example inheritance, savings, cash flow from business activities, etc). 
1.6. 6 Source of Funds means the origin of the funds involved in a business relationship or 
single transaction. It includes both the activity that generated the funds used in the business 
relationship (for example the Customer’s salary, occupation, business activities, proceeds of 
sale, corporate dividends, etc.), as well as the means through which the Customer’s funds 
were transferred. 
1.7. 7 A Bearer Share is a share certificate which is the property of whoever happens to be 
in possession of it at any given time. Accordingly, no record of ownership is maintained by 
the issuing company. 
1.8. 8 A Politically Exposed Person (PEP) / Prominent Influential Persons (PIP) is an 
individual who holds or has held a prominent public function. Within this position, the person 
has a level of influence and control over public funds, benefits and decision-making. FICA 
distinguishes between two types of politically exposed persons, a DPIP and a FPPO. 
1.9. 9 DPIP - Domestic Prominent Influential Person is an individual who holds, including 
in an acting position for a period exceeding six months, or has held at any time in the 
preceding 12 months in South Africa, a prominent public function as listed in Schedule 3A of 
FICA, 2017. 
1.10. 10 FPPO - Foreign Prominent Public Official is an individual who holds or has held, at 
any time in the preceding 12 months, in any foreign country, a prominent public function as 
listed in Schedule 3B of FICA, 2017. 
1.11. The goods mean any goods, including software and or warranties delivered 
electronically, and services as indicated on any forms, price lists, quotations, orders, or 
invoices of Hozit Domain Hosting (Pty) Limited ("Hozit Domain Hosting") or supplied by 
Hozit Domain Hosting. 
1.12. ESD means Electronic Software Delivery. 
1.13. Vis Major means any event that is outside of Hozit Domain Hosting’ reasonable control 
including but not limited to: any national state of disaster or other circumstances impacting 
the availability of the goods as required by Hozit Domain Hosting and within the times 
required by Hozit Domain Hosting, or preventing the free supply of goods or free movement 
of people or goods; pandemic; war (declared or not); terrorism; robbery or theft; hi-jacking; 
civil unrest; loss of warehousing; fire; explosion; strikes; lockouts; international restrictions; 
any actions of government (foreign or local); the inability of the vendor / manufacturer to 
meet an order of Hozit Domain Hosting within usual and / or required time frames for any 
reason; or the inability or failure of the vendor / manufacturer to supply or deliver the goods 
to Hozit Domain Hosting in South Africa within usual and / or required time frames for any 
reason. 
1.14. Hozit Domain Hosting has committed to protecting the Customers PI and to complying 
with the Protection of Personal Information Act 4 of 2013 (“POPI”) as amended and all other 
applicable legislation. 
1.15. For purposes hereof the terms “Personal Information” (or PI) and “Processing” have the 
meanings given in POPI. “Process” and “Processed” shall be defined with reference to 
Processing. 
2. Prices and Quotations 
2.1. Where no quote is issued, the price of the goods shall be the price as set out in the price 
lists published by Hozit Domain Hosting (Pty) Limited ("Hozit Domain Hosting") at the time 
that the order is accepted or, where there is no published price, then the usual price charged 
by Hozit Domain Hosting. Hozit Domain Hosting reserves the right to change prices and 
price lists from time to time. 
2.2. Prices quoted are valid for a period of twenty-four (24) hours from date of quote, and 
are subject to the conditions below: 
2.2.1. The terms and conditions as set out in this agreement shall apply to the exclusion of all 
the Customers’ terms, in respect of all transactions concluded between Hozit Domain Hosting 
and the Customer and shall apply to all quotations issued by and all orders processed by 
Hozit Domain Hosting and to the supply, sale and delivery of all goods or services by Hozit 
Domain Hosting, including delivery by ESD. 
2.2.2. The placing of any order for goods shall be deemed and is agreed to constitute 
agreement to these terms and conditions and to the provision of the POPI Consent. 
2.2.3. Foreign Exchange: prices quoted are subject to foreign currency fluctuations. 
2.2.4. If the Rand fluctuates against the applicable foreign currency from the date of the 
quotation and the date on which the Customer’s Purchase Order is accepted by Hozit Domain 
Hosting, Hozit Domain Hosting reserves the right to re-quote and Hozit Domain Hosting 
reserves the right to increase the price of such goods in accordance with the Exchange Rate 
increase. 
2.2.5. In the event of the shipping, airfreight or other transportation costs increasing between 
the date of the quotation and the date on which the Customer’s Purchase Order is accepted by 
Hozit Domain Hosting, Hozit Domain Hosting reserves the right to increase the price of such 
goods in accordance with the cost increase. 
2.2.6. the event of a manufacturer’s price being increased between the date of the quotation 
and the date on which the Customer’s Purchase Order is accepted by Hozit Domain Hosting, 
Hozit Domain Hosting reserves the right to increase the price of such goods in accordance 
with the manufacturer’s price increase. 
2.2.7. A purchase order or order placed against a quotation is deemed to be and shall 
constitute acceptance of that quote. Hozit Domain Hosting may accept any orders received 
from the Customer or their duly appointed specified users on Hozit Domain Hosting ’s online 
Portal in respect of goods constituting software. 
2.2.8. Hozit Domain Hosting reserves the right to invoice Customers for goods ordered on 
Hozit Domain Hosting ’s online Portal and those which were procured upon written request 
either via a non-cancellable irrevocable order, official purchase order or an email instruction 
received. 
2.2.9. Orders for software placed on Hozit Domain Hosting ’s online Portal by the Customers 
duly appointed specified users shall bind the Customer and be orders of the Customer. 
2.2.10. Hozit Domain Hosting reserves the right not to accept any order. 
2.2.11. Acceptance by Hozit Domain Hosting of any order and all delivery obligations are 
always subject to the availability of the goods. 
2.2.12. All goods shall remain the property of Hozit Domain Hosting until paid for in full and 
are sold only with the original equipment manufacturers warranty. Hozit Domain Hosting 
gives no additional warranty and excludes all other warranties on goods save to the extent 
that a South African law expressly imposes a warranty that cannot be excluded. The 
Customer shall be responsible for checking specifications of goods and that they are fit for 
purpose before placing the order. 
2.2.13. Errors and Omissions are exempted and shall not bind Hozit Domain Hosting. Hozit 
Domain Hosting reserves the right, at any time, to correct any error or omission. 
2.2.14. Unless otherwise stated in the quote, prices exclude VAT. 
3. Payment And Invoices 
3.1. The Customer shall pay the amount on the tax invoice. Payment is due immediately 
save for credit approved Customers, in which event payment is due within thirty (30) 
calendar days of date of the statement. 
3.2. Where the Customer uses the postal (or any third party or delivery) service for any 
purpose, such service shall be deemed to be the agent of the Customer. Likewise, where the 
Customer uses Internet banking, the bank shall be deemed to be the agent of the Customer. 
3.3. The Customer hereby consents and agrees that Hozit Domain Hosting may issue tax 
invoices, credit notes and debit notes (collectively “Invoices”) to the Customer in electronic 
form (this includes Emails). Hozit Domain Hosting may issue separate invoices for each 
delivery. The Customer agrees to retain the invoices in encrypted and readable form for at 
least 5 years. 
3.4. The Customer shall not for any reason withhold payment or make set offs or 
deductions from any payment due by it. No extension of payment terms will be effective 
unless reduced to writing and signed by a director or duly authorized representative of Hozit 
Domain Hosting. 
3.5. Hozit Domain Hosting shall have the right to suspend deliveries and to exercise its 
rights in terms of clause eight if any amount due by the Customer is unpaid. 
3.6. If any amount is not settled in full on due date Hozit Domain Hosting shall be entitled, 
without prejudice to any of its rights, to: 
3.6.1. immediately institute action against the Customer and/or 
3.6.2. cancel the sale and / or any outstanding orders or deliveries, and in all cases claim 
damages. 
3.7. Should any amount not be paid by the Customer on due date, the full outstanding 
amount in respect of all purchases by the Customer shall automatically become due and 
payable, and the Customer shall be liable to pay interest in respect of amounts unpaid at the 
compound rate of a 5% (five per cent) above the prime overdraft rate of Nedcor Bank 
Limited on all overdue amounts from due date until date of payment, calculated and payable 
monthly in advance. A certificate from Nedcor Bank Limited, signed by any manager of such 
bank, whose authority and capacity it shall not be necessary to prove, shall be prima facie 
proof of the interest rate charged. 
3.8. Hozit Domain Hosting will not give notice of a change of banking details other than by 
way of a letter, signed in manuscript (not electronically) by a director of Hozit Domain 
Hosting. The Customer is warned and agrees not to act on any other notice of a change of 
banking details and does so at its risk. 
3.9. Notwithstanding anything to the contrary in any agreement providing for the payment 
of allowances, rebates, or advertising contributions (hereinafter “Allowances”) by Hozit 
Domain Hosting to the Customer, where an Allowance is to be settled in cash, Hozit Domain 
Hosting and the Customer agree that that the Customer will issue Hozit Domain Hosting with 
a tax invoice. Hozit Domain Hosting and the Customer further agree that in this case, the 
Allowance is regarded as consideration for the supply of a service. 
4. Credit Facilities 
4.1. Hozit Domain Hosting shall have an unfettered discretion to grant, increase, decrease 
or withdraw credit facilities to the Customer and to determine the nature and extent thereof 
from time to time without prior consultation with the Customer. 
5. Orders 
5.1. The Customer hereby confirms that the goods and services on the tax invoice issued 
duly represent the goods and services ordered by the Customer (or its duly appointed 
specified users in the case of software) at the prices agreed to by the Customer and where 
performance/delivery has already taken place that the services and goods were inspected and 
that the Customer is satisfied that these conform in all respects to the quantity ordered and 
were received in good order and condition. 
5.2. Hozit Domain Hosting is entitled to accept written or oral orders. All such orders and 
any variations to orders will be binding, subject to these standard terms and conditions and 
may not be varied or cancelled without prior written consent from Hozit Domain Hosting. 
Hozit Domain Hosting will not be responsible for any errors or misunderstandings 
occasioned by the Customer’s failure to make the order in writing. 
5.3. Orders shall constitute irrevocable offers to purchase the goods in question at the usual 
prices of Hozit Domain Hosting as at the date when the Customer places the order of the 
goods, subject to clause two above, and shall be capable of acceptance by Hozit Domain 
Hosting by the written acceptance of the purchase order or delivery of the goods. 
5.4. Hozit Domain Hosting reserves the right to cancel or refuse any order or sale at any 
time without any claim from the Customer (other than return of payments already made for 
the goods), if: the exchange rate fluctuates by more than 3% between the date of acceptance 
of the order and the date that the goods are received by Hozit Domain Hosting from the 
vendor / manufacturer; or where any Vis Major event endures or is likely to endure for longer 
than ten (10) calendar days or where the vendor terminates or cancels the rights of Hozit 
Domain Hosting to distribute their goods or where the vendor cannot or will not supply the 
goods for any reason not attributable to the fault of Hozit Domain Hosting. 
5.5. The Customer shall provide Hozit Domain Hosting with an order number when placing 
an order. 
5.6. Any order marked for “Collections” and not collected within 3 days of placing the 
order may at Hozit Domain Hosting’s election be cancelled and the goods put back into stock 
for re-sale. 
5.7. Hozit Domain Hosting shall not be obliged to accept any order and may cancel an 
order or resultant sale, at any time, without claim from the Customer, if the goods cannot be 
obtained at usual prices from the vendor for any reason. 
5.8. The Customer shall be solely responsible for ensuring that all goods ordered from and / 
or reflected in any quote issued by Hozit Domain Hosting is correct, meets the end users’ 
requirements and will be fit for purpose. Hozit Domain Hosting shall not be liable for errors 
by the Customer or their duly appointed specified users in selecting or ordering any goods. 
5.9. All quotations and all sales and transactions are subject to Hozit Domain Hosting ’s 
Standard Terms and Conditions applicable as at the time of our acceptance of any order, to 
the exclusion of all other terms and conditions. A copy of the Standard Terms and Conditions 
are available on request and on our website at www.Hozit Domain Hosting.co.za/terms-and
conditions. 
5.10. Terms added by Hozit Domain Hosting to any quote shall be additional to those 
contained herein and the terms herein shall, unless otherwise expressly stated in the quote, 
prevail to the extent of any conflict. 
5.11. Hozit Domain Hosting will not be held responsible for any misuse or fraud by the 
Customer or its duly appointed specified users of the Hozit Domain Hosting Portal or any 
software purchased and delivered. 
5.12. Hozit Domain Hosting may require the Customer to register users on the Hozit Domain 
Hosting Portal as a condition of use. The Customer shall be liable for and bound by all 
orders placed using its log on credentials or account. The Customer shall be responsible for 
managing its users and for removing users that are no longer authorized by the Customer to 
place orders on the Customers behalf. 
6. Delivery 
6.1. Any delivery note (copy or original) signed by the Customer and/or its authorized 
representative and/or its nominated agent and held by Hozit Domain Hosting, shall be prima 
facie proof that delivery was made to the Customer. 
6.2. Hozit Domain Hosting shall be entitled, at its discretion, to split the delivery and 
invoicing of the goods ordered in the quantities and on the dates that it decides save where 
Hozit Domain Hosting has agreed that a specific order may not be delivered in parts. 
6.3. In the event of the Customer choosing to engage its own third party to transport the 
goods, the Customer indemnifies Hozit Domain Hosting against any claims of any nature 
whatsoever that may arise from such an agreement with the third party or from any act or 
omission of the third party. Receipt of the goods by the third party shall constitute delivery to 
the Customer and the third party shall be the agent of the Customer. 
6.4. Hozit Domain Hosting is entitled to engage a third party(ies) on its behalf to address 
the logistics, storage and transport all goods purchased by the Customer to the delivery 
address stipulated by the Customer. 
6.5. Should the Customer wish to receive delivery of the goods by a more expensive 
method of transportation than that normally used by Hozit Domain Hosting, the Customer 
shall make such request in writing and, in the event that Hozit Domain Hosting agrees to 
arrange such special delivery the additional charges shall be debited to the Customer’s 
account and shall be payable by the Customer. 
6.6. Hozit Domain Hosting does not guarantee that the goods will be dispatched or 
delivered on any particular date and time, and the Customer shall have no claim against Hozit 
Domain Hosting in respect of any loss occasioned by any delay in dispatch or delivery of any 
goods ordered and/or services rendered, nor may the Customer cancel any order by reason of 
such delay. 
6.7. All obligations of Hozit Domain Hosting to deliver or supply any goods shall be 
suspended during a Vis Major event or whilst the Customer is in material breach of any 
obligation, including to pay any amount, to Hozit Domain Hosting. 
6.8. Where the goods delivered do not match the delivery note for the delivery, the goods 
must not be accepted, the details of the discrepancy between the delivery note and the goods 
delivered must be recorded by the Customer on the delivery note and all the goods must be 
given to the driver of the delivery vehicle for return to Hozit Domain Hosting. 
6.9. Goods received in a damaged condition must either be rejected or accepted, and a note 
of the item and type of damage made on the front of the delivery note. Where the goods are 
rejected, the goods must be returned as per 6.8, above. 
6.10. All goods taken on an evaluation, approval, demonstration basis or all goods taken on 
consignment by the Customer are deemed sold to the Customer at Hozit Domain Hosting’s 
usual price if not returned to Hozit Domain Hosting in perfect condition in the original 
packaging and with all accessories and manuals intact within 5 (five) working days of 
delivery thereof to the Customer. 
6.11. Hozit Domain Hosting reserves the right to stipulate minimum quantities and values of 
goods that can be ordered and to charge delivery charges, as and when necessary. 
6.12. Goods constituting software may be delivered by way of ESD to the Customer. ESD 
may be by way of email, use of the Hozit Domain Hosting Portal, other electronic download, 
or provision of a software activation code, any of which shall constitute valid delivery of the 
goods. Hozit Domain Hosting may monitor the ESD process. Acceptance of the vendors 
license shall be a condition of any download or use or software. 
7. Ownership & Risk 
7.1. All risk in and to goods sold by Hozit Domain Hosting to the Customer shall pass to 
the Customer on delivery thereof. 
7.2. Ownership in all goods shall remain vested in Hozit Domain Hosting until the full 
purchase price has been paid. 
7.3. Goods in the possession of the Customer bearing Hozit Domain Hosting’s name, 
trademark, labels and/or serial no. are deemed to be those for which payment has not yet been 
made, and should any breach of these terms occur, may be re-possessed by Hozit Domain 
Hosting and the Customer consents in such circumstances to the grant of a Court order 
entitling Hozit Domain Hosting to take possession of such goods. The Customer shall fully 
insure the goods purchased from Hozit Domain Hosting against loss or damage until the 
Customer has paid the full purchase price for such goods. Pending payment to Hozit Domain 
Hosting for goods purchased, all benefits in terms of the insurance policy relating to the 
insurance of such goods shall be and is hereby ceded to Hozit Domain Hosting. 
7.4. The Customer shall inform the property owner of the premises at which the goods are 
kept that such goods are the sole and absolute property of Hozit Domain Hosting until such 
time as the Customer has paid the full purchase price to Hozit Domain Hosting. 
8. Breach of Contract and Limitations 
8.1. In the event of a breach of these terms and conditions by the Customer, or if the 
Customer is sequestrated or placed into liquidation or judicial management or commits any 
act of insolvency or enters into any compromise with its creditors or fails to satisfy a 
judgment granted against it within 7 (seven) days of the date of judgment or changes the 
structure of its ownership, Hozit Domain Hosting shall, without prejudice to any further 
rights herein or at common law, be entitled to: 
8.1.1. Claim specific performance or cancel this agreement and claim immediate payment of 
all outstanding amounts and interest as well as any damages suffered: and 
8.1.2. Take possession of all goods that have not been paid for in full and the Customer 
consents in such circumstances to the grant of a Court order entitling Hozit Domain Hosting 
to take possession of such goods. 
8.2. All obligations of Hozit Domain Hosting shall be suspended without claim from the 
Customer where the Customer is in breach of any obligation to Hozit Domain Hosting. 
8.3. No claim, from Customer, under these terms and conditions will arise unless the 
Customer has, within 30 (thirty) days of the later of the date on which the alleged breach or 
defect occurred, or the date on which the Customer should reasonably have been aware of the 
alleged breach or defect, given Hozit Domain Hosting 30 (thirty) days written notice to 
rectify any defect or breach of contract. 
8.4. Neither party shall be liable to the other for any indirect, consequential, or special 
damages howsoever caused or arising. Neither party shall be liable for any direct damages 
how so ever arising from any breach (proven or non-proven) between the End User and the 
Original Equipment Manufacturer "OEM". 
8.5. The Customer agrees that neither Hozit Domain Hosting nor any of its employees will 
be liable for any negligent or innocent misrepresentations made to the Customer, nor shall the 
Customer be entitled to resile from these terms and conditions on those grounds. 
9. Processing of Personal Information 
9.1. The Customer’ personal information and documents, which may be protected by data 
protection legislation including amongst others, Protection of Personal Information Act, 2013 
(POPI), may be uploaded to Hozit Domain Hosting’s designated Customer Verification 
Third-Party Software Provider (the Software Provider). 
9.2. You are authorising Hozit Domain Hosting and its Software Provider to process the 
data provided by the Customer and forward personal and other information, including 
biometric information, provided by the Customer to Hozit Domain Hosting, to the Service 
Provider and Third Parties (including but not limited to the South African Department of 
Home Affairs, the South African Revenue Services, educational institutions, credit bureaus, 
Anti Money Laundering Fraud Prevention screening services and fraud prevention 
organisations) for verification purposes for Hozit Domain Hosting to comply with FICA. 
9.3. The Customer confirms that Hozit Domain Hosting may rely on the records, 
representations, warranties, and agreements given by the Customer. Additional information 
may be requested as needed. 
9.4. To the fullest extent permissible in law, the Customer unconditionally and unreservedly 
indemnifies and holds the Software Provider, its affiliates, public officers, directors, 
employees, consultants, agents, licensors and service providers, harmless against all loss, 
damages, claims, liability and / or costs, of whatsoever nature, howsoever and whensoever 
arising, as a result of and without limitation, from the use by Hozit Domain Hosting of the 
Software Provider. In addition, the Customer warrants that they will not seek recourse against 
the Software Provider on any basis in connection with any information given, or, in the 
Customer’s view, not given. 
9.5. The Software Provider’s software is hosted on a South African Microsoft Azure server 
following all industry leading security standards such as encrypted data, secure socket layers 
and firewalls amongst other security practises. The server is further protected by Eset Server 
anti-virus. All server security patches are applied, and data breach simulations are tested to 
ensure security due to the fluid nature of security threats. The data is stored individually, and 
no party has access to another party’s data at any time. 
10. Legal Proceedings 
10.1. These terms and conditions shall be governed and construed under and in accordance 
with the laws of the Republic of South Africa. 
10.2. Hozit Domain Hosting shall, at its option and notwithstanding that the amount of its 
claim or the nature of the relief sought exceeds the authority of the Magistrate’s Court be 
entitled to institute action out of such court. 
10.3. A certificate issued and signed by any director or any duly authorized representative of 
Hozit Domain Hosting, whose authority need not be proved, in respect of any indebtedness of 
the Customer to Hozit Domain Hosting or in respect of any other fact, including but without 
limiting the generality of the foregoing, the fact that such goods were sold and delivered, 
shall be prima facie proof of the Customer’s indebtedness to Hozit Domain Hosting and 
prima facie proof of delivery of the goods in terms of this contract. 
10.4. Any printout of computer evidence tendered by Hozit Domain Hosting shall be 
admissible evidence and the Customer shall not be entitled to object to the admissibility of 
such evidence purely on the grounds that such evidence is computer evidence. 
10.5. The Customer’s chosen domicilium address and email address in the reseller application 
form shall be recognized as the Customer’s domicilium for all purposes in terms of this 
contract whether in respect of the serving of any court process, notices that payment of any 
amount is due or communications of whatever nature. Any service that comes to the attention 
of a director of a party shall be effective from such date regardless of the address or method 
of delivery. 
10.6. In the event of the Customer breaching any of its obligations and/or failing to timeously 
make payment of any amount to Hozit Domain Hosting, the Customer agrees to pay, and 
shall be liable to pay, all legal costs incurred by Hozit Domain Hosting in enforcing its rights 
in terms of these terms and conditions on the attorney/own Customer scale including 
collection charges, tracing agent’s fees, air fares and export fees. 
10.7. Any document will be deemed duly received by the Customer within: 
10.7.1. 24 (twenty-four) hours of being emailed to the Customer’s chosen domicilium email 
address; or 
10.7.2. on being delivered by hand to the Customer or any director or member of the 
Customer. 
11. Arbitration 
11.1. Hozit Domain Hosting may elect at its sole discretion, to refer any dispute arising from 
or in connection with this contract to arbitration which arbitration award shall be final and 
binding on the Customer and Hozit Domain Hosting. 
11.2. The arbitrator will be a person agreed upon by the parties or failing agreement, 
appointed by the Arbitration Foundation of Southern Africa (AFSA), who shall then finally 
resolve the dispute or issue in accordance with the Commercial Rules of the Arbitration 
Foundation of SA. Hozit Domain Hosting may elect not to have the arbitration administered 
by AFSA. 
11.3. The arbitration shall be held at Sandton. 
11.4. The arbitrator shall give a reasoned written judgement and may award (and tax) costs 
on the High Court tariff. 
11.5. There shall be a right of appeal where the quantum exceeds two million rand. 
11.6. The provisions of this clause shall not preclude either party from access to an 
appropriate court of law for: 
11.6.1. interim relief in the form of an interdict, mandamus, or order for specific 
performance, pending the outcome of an arbitration in terms hereof; or 
11.6.2. any other form of relief on the basis of facts which are not disputed, provided that if 
a dispute arises in the course of the proceedings and Hozit Domain Hosting elects to refer the 
dispute to arbitration, they shall be stayed pending an arbitration on the dispute in terms 
hereof. 
12. Negotiable Instruments 
12.1. Acceptance of a negotiable instrument from the Customer shall not be deemed to be a 
waiver of Hozit Domain Hosting’ rights under this contract. 
13. Returned Goods 
13.1. Whilst Hozit Domain Hosting is under no obligation to accept the return of goods, the 
Customer may apply to Hozit Domain Hosting for permission to return goods and if written 
permission is given: 
13.1.1. the Customer may return any defective goods to the premises of Hozit Domain 
Hosting or its nominee at the Customer’s own cost. 
13.1.2. any item delivered to Hozit Domain Hosting will form the object of a pledge in 
favour of Hozit Domain Hosting for present and past debts of the Customer to Hozit Domain 
Hosting and Hozit Domain Hosting will be entitled to retain such pledge at a value 
determined as follows: 
13.1.2.1. 
the difference between the selling price and the value of the goods at the time 
that the debt became due. 
13.1.2.2. 
the value of any repossessed goods or retained pledge goods will be deemed to 
be the value placed on them by any sworn valuator after such repossession and such valuator 
will be prima facie proof of the value. 
13.2. Hozit Domain Hosting reserves the right to charge a handling fee on goods returned. 
13.3. The credit control department must be notified of the relevant invoice, packing slip and 
batch numbers before any claim will be considered. 
13.4. Goods that are not as ordered must be returned, unopened and unused, forthwith and in 
all cases within 3 days. Goods, whether according with those ordered or not, that are 
delivered and used, will in all circumstances be deemed to have been ordered at TD’s usual 
prices and must be paid for. Only unused goods that are not as ordered and that are unused 
may be returned. 
13.5. Hozit Domain Hosting will follow the policies on any returned and/or faulty goods or 
goods which the vendor regards as “dead on arrival”, as prescribed by the vendor responsible 
for the brand of goods. Details of prescribed vendor policies are obtainable from Hozit 
Domain Hosting. 
14. Warranties & Indemnities 
14.1. Goods are sold only with the manufacturer’s product specific warranties. All other 
guarantees and warranties, including common law guarantees and warranties in relation to 
goods and services, are hereby specifically excluded to the maximum extent permissible in 
law by Hozit Domain Hosting. 
14.2. All warranties are immediately null, and void should any equipment be tampered with 
or should the “seals” on the equipment be broken by anyone other than Hozit Domain 
Hosting or its appointed nominee, or should the goods be operated outside the manufacturer’s 
specifications or warranty terms. 
14.3. To be valid, warranty claims must be supported by the original tax invoice and the 
goods must be accompanied by all accessories and manuals. All items must be returned in “as 
new” condition. 
14.4. No warranties whether express or implied shall apply, other than those provided 
expressly in these Standard Terms and Conditions. Hozit Domain Hosting specifically 
disclaims the implied warranty of merchantability and fitness for a particular purpose. No 
representation or warranty, including but not limited to statements of capacity, suitability for 
use or performance made by employees of Hozit Domain Hosting shall be considered to be a 
warranty by Hozit Domain Hosting. Any such statements made shall not give rise to any 
liability of whatsoever nature on the part of Hozit Domain Hosting, its employees, 
subcontractors, or subsidiaries. Hozit Domain Hosting will not be liable to the Customer for 
any loss, damage, or expense of any nature, whether direct, special, indirect, or consequential, 
including but not limited to loss of profits arising out of Hozit Domain Hosting’s 
performance or the use of the goods or services rendered. 
14.5. The Customer indemnifies and holds Hozit Domain Hosting (including its employees, 
subcontractors or subsidiaries) harmless against all claims of whatsoever nature that may be 
brought or threatened against Hozit Domain Hosting by any third party arising from or in 
connection with any act or omission of the Customer or its employees or any breach of any 
term of this Agreement by the Customer or arising out of any claim by the Customers duly 
appointed specified users. 
14.6. The Customer shall not duplicate copyrighted material. In the event of the Customer 
duplicating copyrighted material, each attempt to do so will immediately render the full 
prevailing price in respect thereof payable to Hozit Domain Hosting. 
15. Repairs 
15.1. Hozit Domain Hosting’s liability in terms of a manufacturer’s warranty is restricted to, 
in Hozit Domain Hosting or the manufacturer’s discretion, the cost of repair or replacement 
of faulty goods or services or the granting of credit. Hozit Domain Hosting assumes and shall 
have no liability at all for the preservation or loss of any data on any goods returned to Hozit 
Domain Hosting. 
15.2. In the case of repairs undertaken by Hozit Domain Hosting repair quotes given are 
merely estimates and are not binding on Hozit Domain Hosting. 
15.3. The Customer hereby agrees that any item returned for a repair may be sold by Hozit 
Domain Hosting to defray the cost of such repair if the item remains uncollected for a period 
of 30 (thirty) days after the repairs have been completed and the Customer having been 
notified thereof. 
16. General 
16.1. Hozit Domain Hosting reserves the right in its sole discretion to vary or amend any or 
all these terms and conditions from time to time and any such amended or varied terms and 
conditions shall be binding on the Customer from the time that the Customer is notified 
thereof. Hozit Domain Hosting may give notice of such changes on its website, in email 
signatures, on quotations or any other manner likely to come to the Customers’ attention. The 
standard terms and conditions are available on our website at www.hozit.co.za/terms-and
conditions 
16.2. This contract represents the entire agreement between Hozit Domain Hosting and the 
Customer on the matters dealt with herein and shall govern all future contractual relationships 
between Hozit Domain Hosting and the Customer. 
16.3. No amendment and/or alteration and/or variation and/or deletion and/or addition and/or 
cancellation of these terms and conditions, including this clause, whether consensual, 
unilateral, or bilateral shall be of any force and effect unless reduced to writing and signed by 
a director of Hozit Domain Hosting. No agreement, whether consensual, unilateral, or 
bilateral, purporting, or obligate Hozit Domain Hosting to sign a written agreement to amend, 
alter, vary, delete, add, or cancel these terms and conditions shall be of any force and effect 
unless reduced to writing and signed by a director of Hozit Domain Hosting. 
16.4. No relaxation or indulgence with Hozit Domain Hosting may grant the Customer shall 
prejudice or be deemed to be a waiver of any Hozit Domain Hosting’ rights in terms of these 
terms and conditions. 
16.5. The Customer shall not cede its rights nor assign its rights or obligations under these 
terms and conditions. 
16.6. The Customer undertakes to notify Hozit Domain Hosting within 7 (seven) days of any 
change of address or change of director, shareholder, address, or the information as set out in 
this contract. 
16.7. The headings in this document are included for convenience and are not to be 
considered for the purpose of interpreting this contract. 
16.8. Each of the terms herein shall be separate and divisible terms and if any such term 
becomes unenforceable for any reason whatsoever, then that term shall be severable and shall 
not affect the validity of the other terms. 
16.9. The Customer undertakes to inform Hozit Domain Hosting in writing at least 14 
(fourteen) days prior to the intended selling or alienating of the whole of or any part of the 
Customer’s business and failure to do so will constitute a material breach of this contract 
entitling Hozit Domain Hosting to cancel the contract without further notice to the Customer. 
16.10. Sales of certain goods are subject to the US Government enhanced proliferation 
control initiative (EPCI) which states that these goods may not be sold to or be used for the 
purpose of nuclear weapons/explosive devices, for chemical or biological weapons including 
key components for the production of such weapons, or for the purpose of missiles or missile 
systems which deliver weapons for mass destruction. The Customer undertakes to exercise 
due care to ensure that no such restrictions are breached by it. 
16.11. Certain of the vendors (“Listed Vendors”) of goods that we distribute require that 
Hozit Domain Hosting incorporates and imposes terms and conditions specified by the 
vendor (“Specified Vendor Terms”), into any sale or of their goods or services. The names of 
the Listed Vendors and the Listed Vendors Specified Terms are available at www.Hozit 
Domain Hosting.co.za/terms-and-conditions. Where any goods of a Listed Vendor are sold or 
supplied by Hozit Domain Hosting, the Listed Vendors Specified Vendor Terms shall apply, 
in addition to these terms and conditions, to the sale or supply of the Listed Vendors goods 
and are deemed to be incorporated herein. Customers are advised to check the list of Listed 
Vendors and the Specified Vendor Terms regularly as these may be changed and updated 
from time to time by the vendors. 
16.12. Goods are manufactured for standard commercial use and are not intended for use in 
critical safety systems or nuclear facilities. 
16.13. Hozit Domain Hosting shall at any time, in its sole discretion, be entitled to cede, 
assign, or subcontract all or any of its rights or obligations in terms of these terms and 
conditions, including the right to collect any payment, to any third party without prior notice 
to the Customer. 
17. Disclosure of Personal Information & Consent 
17.1. By using or continuing to use their Hozit Domain Hosting account or conducting 
business with a member of the Hozit Domain Hosting group of companies (“Hozit Domain 
Hosting”), the Customer (“Customer”) accepts and agrees to Hozit Domain Hosting 
processing Personal Information (“PI”) supplied to, held or collected or Processed by any 
member of the Hozit Domain Hosting group whether the PI was or is obtained previously, 
now or in the future. 
17.2. The Customer hereby gives the consent to process Personal Information as set out in 
The Consent to Process Personal Information available at www.Hozit Domain Hosting.co.za, 
as amended from time to time, and shall be bound by the contents thereof. All obligations of 
Hozit Domain Hosting are conditional on the Customers consent to process personal 
information remaining in place. This consent is provided voluntarily and expressly. 
17.3. The Customer will ensure continued compliance with all global anti-corruption laws as 
they relate to themselves and their entire supply chain. Each party will comply with the 
applicable laws and regulations, including those governing consumer transactions. Each 
party is expected to conduct business in strict legal compliance with the highest ethical 
standards. 
17.4. The Customer will comply with all applicable laws against bribery, corruption, 
inaccurate books and records, inadequate internal controls, and money-laundering, including 
the U.S. Foreign Corrupt Practices Act, the UK Bribery Act 2010 and the South African 
Prevention and Combatting of Corrupt Activities Act 12 of 2004 (“Anti-Corruption Laws). 
17.5. Customer undertakes to have its own policies regarding the above and further 
undertakes to provide annual training to its employees who resell, distribute or market the 
products or services in compliance with all Anti-Corruption Laws. The Customer certifies 
that this Anti-Corruption training has been provided to its employees and if not, the Customer 
agrees to participate annually in Anti-Corruption training made available by the Supplier or 
its Suppliers and certifies that its completion, understanding and compliance therewith. 
17.6. With the amendments made to the Financial Intelligence Centre Act (FIC Act no 38 of 
2001) (refer to Proclamation no 109 of 2022), new accountable institutions were added to fall 
under the scope of the FIC Act. Under item 20 of the amendments which made provision for 
High Value Goods Distributors, Hozit Domain Hosting had to register as an accountable 
institution and therefore with effect from 19 December 2022 we are obligated to adhere to the 
law as set out by the FIC. This means that Hozit Domain Hosting reserves the right to 
perform customer due diligence exercises on all registered partners at any given time with a 
minimum of once a year to comply with the law. 
17.7. Failure by the partner to supply Hozit Domain Hosting with the necessary information 
to conduct the customer due diligence checks (irrespective of the type of account and the 
terms enjoyed by the partner) may result in the partner’s account being temporarily 
suspended until the information is received and Hozit Domain Hosting have finalized the due 
diligence exercise. 
17.8. Hozit Domain Hosting may also at its discretion close any accounts without prior notice 
if the partner refuses to comply with the obligations as set out in the FIC Act. 
18. Juristic Person 
18.1. The Customer undertakes, represents, and warrants to the Supplier that it is a juristic 
person as contemplated in Section 1 of the CPA and Section 1 of the NCA, whose asset value 
or annual turnover exceeds the monetary threshold. 
18.1.1. for the purposes of Section 5(2)(b) of the CPA, as stipulated and calculated in the 
Regulations contained in Government Gazette No.294 of 01 April 2011, and’ 
18.1.2. for the purposes of Section 4(a)(i) of the NCA, as stipulated and calculated in the 
Regulations contained in General Notice 713 in Government Gazette No. 28893 of 01 June 
2006.