Hosting Terms and Conditions
Please note that this is no more than a summary of the terms and conditions for use of the deep-africa web hosting and designing services. All clients of deep-africa web hosting and designing services, must read this summary in conjuction with the conditions of use and abide fully by them as provided below, or which are otherwise available from the deep-africa website situated at deep-africa.com.
Unless otherwise defined herein, terms used in this summary will have the meanings ascribed to them in the conditions of use.
This is an Agreement between deepAfrica Co. Ltd and you, including your subsidiaries, assignees and affiliates. We offer website hosting and web design services subject to the terms and conditions set out in these terms and conditions.
This agreement is informed and governed by the Laws of Kenya and international laws, which may be, applicable to the supply of web hosting and web designing services.
“We”, “us” will, unless otherwise provided in this summary, mean the hosting service provider and designer which for this purpose will be deep-africa company limited and its constituent parties as may be relevant.
“Server” or “the server” will, unless otherwise provided, mean the computer server equipment operated by us in connection with the provision of the services.
“Service” or “services” will, unless otherwise provided, mean web hosting and designing as provided to you by us.
“You” “customer” or “client” will, unless otherwise provided, mean the person purchasing services from us.
“Website” will, unless otherwise provided, mean the location allocated by us to you for use by you as a site on the Internet.
“Termination of service” will, unless otherwise provided mean terminating service provision.
“Suspension of service” will, unless otherwise provided mean suspending service provision.
“Hacker(s)” will, unless otherwise provided means someone (people) that breaks into systems to damage it, or for the purpose of getting illegitimate access to resources.
1. Our services
Your account will be setup after full payment has been deposited with us and the verifying documents acquired.
You represent, undertake and warrant to us that you will use the Web Site allocated to you only for lawful purposes, in accordance to the relevant Kenyan and International laws .
In particular, you represent, warrant and undertake that:
1. You shall not use the Server in any manner which infringes the law governing this agreement or which infringes the rights of any third party, nor will you authorise or permit any other person to do so.
2. You will not send bulk email whether opt-in or otherwise from our network or will you promote a site hosted on our network using bulk email.
3. You shall keep secure, any identification, password and other confidential information relating to your account and shall notify us immediately of any known or suspected unauthorised use of your account or breach of security, including; loss, theft or unauthorised disclosure of your password or other security information.
4. Any access to other networks connected to deepAfrica Co. limited must comply with the rules appropriate for those other networks.
We shall be under no liability for non-receipt or misrouting of e-mail or any other failure as the case may be.
2. Service Availability
We shall reserve the right to suspend-without prejudice to the agreement-our services provided to you at any time and for any reason based on the terms and conditions herein, generally without notice, but if such suspension lasts or is to last for more than 7 days you will be notified of the reason.
Our services provided to you and your account with us cannot be transferred nor used by anyone else other than you.
You may use no more than one log in session under any one account at any time. If you have multiple accounts, you are limited to one log in session per system account at any time.
User programs may be run only during log in sessions.
If your account is found to have been transferred to another party, or shows other activity in breach of this sub clause, we shall have the right to cancel the account and terminate the services provided to you and/or this Agreement immediately.
We do not guarantee that the server will be free from unauthorized users or hackers.
NO refunds shall be made for services not provided due to suspension as above described.
Payment for the provision of the services shall be made in advance.
All charges payable by you for the services provided shall be in accordance with the scale of charges and rates published from time to time by us on our website.
We reserve the right to change pricing at any time before an agreement for the provision of services is sealed.
Payment is due each anniversary year following the date the Services were established until closure notice is given. If you choose to pay by credit or debit card you authorise deepAfrica Co. limited to debit your account renewal fees from your card.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled forthwith to suspend the provision of our services to you.
Once an account is suspended, access to files, databases and other content shall be explicitly denied.
All files, databases and other content including the account itself will be permanently deleted ten days, after the suspension of the services.
Account re-activation shall be required for access to the files, databases or any other content, before they are deleted.
NO refunds shall be made for services suspended in the cases above..
Termination of services
Provision of services shall be terminated if payment is not made as it falls due.
Without prejudice to the other terms and conditions provided above, we may terminate provision of services without due notice given if payment is not made as earlier been agreed upon.
Contravention of any of the terms and conditions above may lead to termination of our service provision and/or this agreement and may attract legal action as the case may be.
Service provision shall be terminated without prior notice, if incase of a company, the company is liquidated or falls under a receiver or enters into a voluntary arrangement with the creditors. .
We reserve the right to suspend our services and/or terminate this Agreement at any time if anything occurs that causes the provision of the services a criminal act or if it is inconsistent with the laws that informs it.
You may cancel our services at any time but no refunds will be made.
On termination of this Agreement or suspension of our services, we shall be entitled to immediately block your Web Site and to remove all data located on it.
5. Limitation of Liability
All conditions, terms, representations and warranties relating to our services supplied under this Agreement, whether imposed by statute or operation of law or otherwise, that are not expressly stated in these terms and conditions including, without limitation, the implied warranty of satisfactory quality and fitness for a particular purpose are hereby excluded, subject always to the following point.
Our total aggregate liability to you for any claim in contract, tort, negligence or otherwise arising out of or in connection with the provision of our services shall be limited to the charges paid by you in respect of our services, which are the subject of any such claim.
In any event, no claim shall be brought unless you have notified us of the claim within one year of it arising.
In no event shall we be liable to you for any loss of business, contracts, profits or anticipated savings or for any other indirect, consequential, or economic loss whatsoever
All communication shall be made through e-mail, fax, or recorded delivery to the address provided by either party while sealing the agreement or such other address as may be communicated to either party.
You will provide us with an e-mail address, which is not at the domains you are signing up under.
Provision of false contact information, leads to automatic termination of your account at discovery.
You will be communicated to, through the primary e-mail address you provide.
You shall endeavour to update us of any changes of your e-mail or any other contacts on file to ensure uninterrupted communication.
We reserve the right to revise, amend or modify these terms and conditions and any of our policies as may affect the above terms and conditions.
In agreeing to these terms and conditions, you have not relied on any representation other than those expressly stated in these terms and conditions and you agree that you shall have no remedy in respect of any misrepresentation that has not been made expressly in this Agreement.
8. Comments or Questions.
If you have any questions, comments or concerns arising from our services, the terms and conditions, policies and notices or the way in which we are handling your personal information please contact us.