General Terms of Service
These Terms of Service (the "Agreement") are an agreement between Hosting-for-Africa.com a division of Kirby Browne (Pvt) Ltd ("Hosting for Africa" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Hosting for Africa and of the Hosting-for-Africa.com website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
1. Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Privacy Policy
Acceptable Use Policy
"Unlimited" Usage Policy
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
2. Account Eligibility
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Hosting for Africa is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, you may utilize the Hosting for Africa Client Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
The Service and any data you provide to Hosting for Africa is hosted in the United Kingdom (U.K.) unless otherwise provided. If you access the Service from outside of the U.K., you are voluntarily transferring information (potentially including personally-identifiable information) and content to the U.K. and you agreeing that our collection, use, storage and sharing of your information and content is subject to the laws of the U.K., and not necessarily of the jurisdiction in which you are located.
3. Hosting for Africa Content
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Hosting for Africa Content"), are the proprietary property of Hosting for Africa or Hosting for Africa's licensors. Hosting for Africa Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Hosting for Africa Content. Any use of Hosting for Africa Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Hosting for Africa Content. All rights to use Hosting for Africa Content that are not expressly granted in this Agreement are reserved by Hosting for Africa and Hosting for Africa's licensors.
4. User Content
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Hosting for Africa that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Hosting for Africa a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Hosting for Africa does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Hosting for Africa exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Hosting for Africa's computers, network hubs and points of presence or the Internet. Hosting for Africa does not monitor User Content. However, you acknowledge and agree that Hosting for Africa may, but is not obligated to, immediately take any corrective action in Hosting for Africa's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Hosting for Africa shall have no liability due to any corrective action that Hosting for Africa may take.
5. Third Party Products and Services
Third Party Providers
Hosting for Africa may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Hosting for Africa does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Hosting for Africa is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Hosting for Africa as Reseller or Licensor
Hosting for Africa may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Hosting for Africa Products"). Hosting for Africa shall not be responsible for any changes in the Services that cause any Non-Hosting for Africa Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Hosting for Africa Products, either sold, licensed or provided by Hosting for Africa to you will not be deemed a breach of Hosting for Africa's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Hosting for Africa Product are limited to those rights extended to you by the manufacturer of such Non-Hosting for Africa Product. You are entitled to use any Non-Hosting for Africa Product supplied by Hosting for Africa only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Hosting for Africa Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Hosting for Africa Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Hosting for Africa ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.
6. Account Security and Hosting for Africa Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Hosting for Africa may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Hosting for Africa may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Hosting for Africa of an issue, we reserve the right to leave access to services disabled.
Hosting for Africa reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
7. Compatibility with the Services
You agree to cooperate fully with Hosting for Africa in connection with Hosting for Africa's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Hosting for Africa is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Hosting for Africa to provide the Services, which may be changed by Hosting for Africa from time to time in our sole discretion.
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Hosting for Africa does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
8. Billing and Payment Information
Prepayment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Autorenewal
Unless otherwise provided, you agree that until and unless you notify Hosting for Africa of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
Taxes
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Hosting for Africa's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment
All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Hosting for Africa may suspend or terminate your account and pursue the collection costs incurred by Hosting for Africa, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Hosting for Africa will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment we do not automatically reactivate the dedicated servers. Contact Hosting for Africa directly after you make a late payment to reactivate the dedicated server.
Domain Payments
It is solely your responsibility to notify Hosting for Africa's Billing department via a support ticket created from https://clients.hosting-for-africa.com/submitticket.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Hosting for Africa is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
Fraud
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Hosting for Africa may report any such misuse or fraudulent use, as determined in Hosting for Africa's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
Invoice Disputes
You have ninety (90) days to dispute any charge or payment processed by Hosting for Africa. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
9. Money-back Guarantee
Dedicated Servers
There are no refunds on dedicated servers. The fourteen (14) day money-back guarantee does not apply to dedicated servers.
Managed shared, VPS and Reseller Services
Hosting for Africa offers a fourteen (14) day money-back guarantee for Hosting for Africa's managed shared, VPS, and reseller hosting services only. Subject to the terms described in Section 13 below, if you are not completely satisfied with these hosting services and you terminate your account within fourteen (14) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
10. Cancellations and Refunds
Payment Method
No refunds will be provided if you use any of the following methods of payment: bank transfers, Western Union payments, EcoCash. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
Money-back Guarantee
If an account with a fourteen (14) day money-back guarantee is purchased and then cancelled within the first fourteen (14) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Hosting for Africa Support Team (the "Refund Request") within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to Hosting for Africa for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this Section 10. Requests for these refunds must be made in writing to the Hosting for Africa Support Team. Refunds will only be issued for basic shared, VPS and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Refund Eligibility
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services
There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Hosting for Africa's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
Cancellation Process
You may terminate or cancel the Services by giving Hosting for Africa written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Hosting for Africa may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes, bank charges and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form we will inform you in writing (typically email) that your account has been scheduled for cancellation. Your scheduled cancellation confirmation will contain a link to get support. If you were not expecting a cancellation request or have changed your mind you should immediately open a ticket by clicking on the link or visit https://clients.hosting-for-africa.com/submitticket.php If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately via phone at:
+263 782 778 235
We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
Domains
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Hosting for Africa's Billing department via a support ticket created from https://clients.hosting-for-africa.com/submitticket.php to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.
Currency Fluctuations
Exchange rate fluctuations for payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Hosting for Africa is not responsible for any change in exchange rates between the time of payment and the time of refund.
Termination
Hosting for Africa may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Hosting for Africa or others or cause Hosting for Africa or others to incur liability, as determined by Hosting for Africa in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Hosting for Africa shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Hosting for Africa may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.