1. About Us & Legal Information

These Terms of Service ("Terms") govern your use of services provided by Infinity CD's (Pty) Ltd (trading as Infinity CDS), a private company incorporated in the Republic of South Africa. In these Terms, "we", "us", "our" or "the Company" refers to Infinity CD's (Pty) Ltd, and "you", "your" or "the Client" refers to any person or entity who registers for, purchases or uses our services.

In accordance with section 43 of the Electronic Communications and Transactions Act 25 of 2002 ("ECTA"), the following disclosures are made:

  • Full legal name: Infinity CD's (Pty) Ltd
  • Company registration number: 2013/166041/07
  • Registered address: 382 Deetlefs Street, Wolmer, Pretoria North, Gauteng, 0182
  • Physical address: 382 Deetlefs Street, Wolmer, Pretoria North, Gauteng, 0182
  • Director: Marcel Paul Swart
  • Tax number: 9195211199
  • VAT number: 4720308313
  • Email: support@infinitycds.co.za
  • Telephone: 012 111 8252
  • Website: https://infinitycds.co.za

By placing an order, creating an account, or using any of our services, you acknowledge that you have read, understood and agreed to be bound by these Terms, together with our Privacy Policy and Acceptable Use Policy, which are incorporated by reference.

2. Definitions

  • "Services" means any service we provide, including web hosting, domain registration, web design and development, IT support and consulting, email and cloud services, and SSL certificates or related add-ons.
  • "CPA" means the Consumer Protection Act 68 of 2008.
  • "ECTA" means the Electronic Communications and Transactions Act 25 of 2002.
  • "POPIA" means the Protection of Personal Information Act 4 of 2013.
  • "AUP" means our Acceptable Use Policy set out in clause 9.
  • "Business Day" means any day other than a Saturday, Sunday, or official public holiday in the Republic of South Africa.

3. Services We Provide

We offer the following Services, each of which may be subject to additional service-specific terms provided at the point of sale:

  • Web Hosting — shared, VPS, and dedicated hosting solutions.
  • Domain Registration — registration, renewal and transfer of domain names, subject to the rules of the relevant registry (e.g. ZACR for .co.za, ICANN for gTLDs).
  • Web Design & Development — design, build, and deployment of websites and related digital assets.
  • IT Support & Consulting — technical support, configuration, troubleshooting and advisory services.
  • Email & Cloud Services — hosted email, cloud storage, and collaboration tools.
  • SSL Certificates & Add-ons — SSL/TLS certificates and other supplementary products.

The specific Service, specifications, term, and price applicable to you are set out in the order you place and the invoice we issue for that order.

4. Your Account & Responsibilities

You agree that you will:

  • provide accurate, current and complete information when registering and keep your account details up to date;
  • keep your login credentials, API keys and other access information confidential, and not share them with unauthorised parties;
  • be solely responsible for all activity that occurs under your account, including actions taken by anyone you authorise;
  • notify us without undue delay if you suspect unauthorised access to or misuse of your account; and
  • ensure that any content or data you upload, store or transmit through our Services complies with South African law and these Terms.

5. Fees, Invoicing & Payment

Fees for Services are set out in the quotation, order confirmation or invoice issued to you. All prices are quoted in South African Rand (ZAR) and, where applicable, include VAT at the prevailing rate.

Invoicing cycle. Renewal invoices are issued approximately 21 days before the due date of the next service period. It is your responsibility to ensure payment is received on or before the due date.

Overdue accounts & suspension. If an invoice remains unpaid, the relevant Service may be suspended 13 days after the due date. Suspended Services may be reactivated once the outstanding amount (and any applicable reactivation fee) has been paid, subject to the Service not yet having been terminated.

Termination for non-payment. We reserve the right to terminate a suspended Service and delete associated data after a reasonable further period has elapsed without payment. We will endeavour to provide notice before termination but are not obliged to do so where the account has already been suspended for non-payment.

Renewal & cancellation notice. Services renew automatically at the end of each billing period unless cancelled. To avoid being charged for a new period:

  • if you pay by debit order, cancellation must be received at least 14 days before the renewal date;
  • if you pay by any other method, cancellation must be received on or before the due date of the renewal invoice.

If you instruct us to renew or reinstate a Service (for example, by asking us to reconnect a suspended service or process a renewal on your behalf), the invoice issued pursuant to that instruction remains payable in full.

Late payment. We reserve the right to charge interest on overdue amounts at the rate prescribed by the Prescribed Rate of Interest Act 55 of 1975, as well as reasonable costs of collection.

6. Refunds

Refunds may be issued where a Service paid for was not provided, or where a refund is otherwise required in terms of the Consumer Protection Act or other applicable law. Cancellations take effect at the end of the already-invoiced service period, and fees for that period are not pro-rated unless the Service was not provided.

Approved refunds are processed according to our internal administrative schedule and may not be issued immediately upon approval. This processing schedule is operational only and does not limit or exclude any rights you may have under the Consumer Protection Act or other applicable legislation.

Refunds are generally not available for domain registrations (which are payable to third-party registries and non-refundable once registered), completed professional services already rendered, or digital goods that have been delivered and used, except where required by law.

7. Service Level & Availability (Hosting)

We target a 99.9% monthly uptime for our standard shared hosting services, measured on a monthly basis and excluding scheduled maintenance, emergency maintenance, events of force majeure, issues caused by third-party networks outside our reasonable control, and downtime caused by the Client's own content, code or configuration.

Where we fail to meet this target in a given calendar month and the failure is attributable to our infrastructure, you may request a pro-rata service credit against your next invoice, calculated on the monthly hosting fee for the affected Service. Service credits are the sole and exclusive contractual remedy for downtime and must be requested in writing within 30 days of the end of the affected month. Your statutory rights under the CPA are not affected.

8. Backups

We perform courtesy backups of shared hosting environments from time to time as an operational convenience. These backups are not guaranteed, are provided on an "as is" basis, and must not be relied upon as the Client's primary backup solution.

You remain solely responsible for maintaining your own independent, regularly tested backups of all data, websites, databases, email and configuration hosted on our Services. We will not be liable for any loss of data where the Client has failed to maintain an independent backup.

9. Acceptable Use Policy

You may not use our Services to host, transmit, store, publish or facilitate any content or activity that is unlawful under South African law, or that infringes the rights of any third party. In particular, and without limiting the generality of the foregoing, the following are prohibited:

  • content or activity that is illegal under South African law, including (without limitation) child sexual abuse material, content inciting violence, terrorism or hatred, fraud, unlawful gambling, or any conduct prohibited by the Cybercrimes Act 19 of 2020;
  • adult or pornographic content on shared hosting. While you must at all times ensure your websites comply with South African law, adult-oriented content (even if lawful) is not permitted on shared hosting environments. Enquire about alternative hosting options if you require it;
  • cryptocurrency mining or any similar resource-intensive activity, on any hosting product;
  • on shared hosting: public VPN or proxy endpoints, anonymisation services, high-CPU or long-running scripts, torrent trackers, or any use that disproportionately impacts shared resources;
  • sending unsolicited bulk email (spam), harvesting email addresses, or breaching the direct marketing provisions of the CPA or POPIA;
  • distributing malware, viruses, phishing kits, or tools designed to compromise the security of any system;
  • infringing copyright, trade marks, or any other intellectual property rights of any third party; and
  • any activity that compromises the integrity, security, or performance of our infrastructure or the experience of other clients.

Reselling. You may resell Services provided each underlying account is separately invoiced and the end users comply with this AUP. You remain responsible for your end users' compliance.

We reserve the right to suspend or terminate a Service immediately, without prior notice, where we reasonably believe that the Service is being used in breach of this AUP or in a manner that poses a legal, security or operational risk.

10. Web Design & Development Terms

Web design and development projects are governed by these Terms together with the specific quotation or statement of work issued for the project.

Deposit & payment structure. Unless otherwise agreed in writing, a 50% deposit is payable before work commences, and the remaining 50% balance is payable on completion, prior to final delivery or transfer of project files.

Revisions. Unless the quotation specifies otherwise, each project includes up to three (3) rounds of revisions within the agreed scope. Additional revisions, or changes that fall outside the originally agreed scope, will be quoted separately and billed at our then-current hourly rate.

Intellectual property. Upon receipt of full payment for a project, ownership of the final, bespoke deliverables created specifically for the Client transfers to the Client. The following carve-outs apply:

  • third-party components (including open-source libraries, stock imagery, fonts, plugins and themes) remain subject to their respective licences, and it is the Client's responsibility to ensure that any ongoing licensing, renewal or commercial-use fees for such components are maintained;
  • we retain ownership of any pre-existing tools, frameworks, code libraries or know-how used in delivering the project, and grant you a perpetual, non-exclusive licence to use them as incorporated into the deliverables;
  • ongoing maintenance, updates, security patches and content changes after project handover are not included in the project fee and are the Client's responsibility, unless a separate maintenance or retainer agreement is put in place with us.

Portfolio rights. Unless you expressly request otherwise in writing, we may reference the completed project in our portfolio and marketing materials.

11. Domain Registrations

Domain registrations are subject to the terms and conditions of the relevant registry (for example, ZACR for .co.za domains and ICANN for gTLDs). You are responsible for providing accurate WHOIS information, keeping your contact details current, and renewing the domain on time. Domain fees are paid to the registry and are generally non-refundable once registered. We are not liable for loss of a domain resulting from the Client's failure to renew or to keep contact details current.

12. Privacy & POPIA

We process personal information in accordance with the Protection of Personal Information Act 4 of 2013 and our Privacy Policy. By using our Services you acknowledge that we may process personal information for the purposes of providing Services, billing, support, security, fraud prevention and compliance with legal obligations.

Where we process personal information on your behalf as an Operator (as defined in POPIA) — for example, data stored on your hosting account — you are the Responsible Party for that information and are responsible for obtaining any required consents, responding to data subject requests, and complying with your own obligations under POPIA.

You may exercise your rights under POPIA (including the right to access, correction and deletion of your personal information) by contacting us using the details in clause 1. Our Information Officer can be contacted at the same email address.

13. Intellectual Property

All intellectual property rights in our Services, website, systems, branding and documentation (other than Client-owned content and deliverables as set out in clause 10) remain vested in us or our licensors. You are granted a limited, non-exclusive, non-transferable right to use these solely for the purpose of receiving the Services.

You warrant that you have all necessary rights in any content you upload to or transmit through our Services, and you indemnify us against any third-party claim arising from your breach of this warranty.

14. Limitation of Liability

Nothing in these Terms excludes or limits any liability that cannot lawfully be excluded or limited under South African law, including liability for gross negligence, fraud, wilful misconduct, death or personal injury caused by negligence, or any rights you have as a consumer under the CPA.

Subject to the paragraph above, and to the fullest extent permitted by law:

  • we are not liable for indirect, incidental, special, consequential or punitive damages, including loss of profits, loss of business, loss of data, or loss of goodwill, arising out of or in connection with the Services;
  • our total aggregate liability to you in respect of any claim arising under or in connection with these Terms is limited to the fees paid by you to us for the affected Service in the three (3) months immediately preceding the event giving rise to the claim; and
  • we are not liable for any failure or delay in performing our obligations caused by events beyond our reasonable control (force majeure), including but not limited to power failures, load shedding, failures of upstream providers, natural disasters, civil unrest, pandemics, or acts of government.

15. Suspension & Termination

In addition to the rights set out elsewhere in these Terms, we may suspend or terminate any Service with immediate effect where:

  • you materially breach these Terms, including the AUP, and (where the breach is capable of remedy) fail to remedy the breach within a reasonable period after written notice;
  • we are required to do so by law, court order, or direction of a competent authority; or
  • continuing to provide the Service would, in our reasonable opinion, pose a legal, security or operational risk.

You may cancel a Service in accordance with clause 5. On termination, your right to use the affected Service ends immediately and any data associated with the Service may be deleted after a reasonable retention period. It is your responsibility to retrieve your data before termination takes effect.

16. Dispute Resolution

If a dispute arises out of or in connection with these Terms, the parties agree to first attempt to resolve the dispute amicably through good-faith discussions. Failing resolution within 14 days, the parties agree to refer the dispute to mediation before a mediator mutually agreed between the parties (or, failing agreement, appointed by AFSA — the Arbitration Foundation of Southern Africa).

If the dispute is not resolved through mediation within a reasonable period, either party may institute legal proceedings. The parties consent to the jurisdiction of the Magistrate's Court for the district of Pretoria North, or the Gauteng Division of the High Court of South Africa (Pretoria), as appropriate having regard to the nature and value of the claim.

Nothing in this clause prevents either party from seeking urgent interim relief from a court of competent jurisdiction.

17. General

Governing law. These Terms are governed by and construed in accordance with the laws of the Republic of South Africa.

Changes to these Terms. We may amend these Terms from time to time. Material changes will be communicated to you by email or by notice on our website or client area at least 30 days before taking effect. Your continued use of the Services after the effective date constitutes acceptance of the amended Terms.

Severability. If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions remain in full force and effect.

No waiver. Our failure to enforce any right under these Terms does not constitute a waiver of that right.

Assignment. You may not assign or transfer your rights under these Terms without our prior written consent. We may assign our rights and obligations to a successor entity on written notice to you.

Entire agreement. These Terms, together with the Privacy Policy, AUP, and any order or statement of work, constitute the entire agreement between you and us regarding the Services and supersede all prior agreements and understandings.

Notices. Formal legal notices to us must be sent to support@infinitycds.co.za and to our registered address in clause 1. Notices to you will be sent to the email address on your account.

Last updated: October 15 2026 · Version 1.0