Domain Registration and Hosting Agreement
This Agreement is between Webcom Kenya Limited and the person/persons who use our website hosting and domain service. Please read carefully to ensure you understand our terms before purchasing any of our products or services.
Webcom Kenya Limited agrees to provide the services stated for the price agreed at any given time. We do not mislead customers with hidden costs unlike many other web hosting companies.
All customers are responsible for monitoring their storage space and bandwidth transfer each month. Customers who go over the limit of their account will be sent an email with the option to either upgrade their account or reduce store and or storage. If customers continue to go over, we will do everything possible to fix the problem. We do hold to right to ban accounts for continuous problems. If customers sign up for an account and cancel it within the first month they will still be charged for the full charges.
Renewal notices are emailed 21 days before the actual renewal date in your account. Webcom Kenya reserves the right to change prices at any time but will always notify client in advance for and changes, unless other terms have been agreed upon. Any account not brought current within the expiry date is subject to suspension. YOU are responsible for all fees owed on the account from the time it was established to the time that YOU notify Webcom Kenya to request for termination of services. YOUR particular billing cycle corresponds to the contract length that was initially chosen at setup. There is no fee for cancelled accounts that have been paid for yearly. If you cancel an account on the yearly billing cycle Webcom Kenya cannot refund any payments made before.
All annual payments are non-refundable once the 30-day money back guarantee has passed. The only time your annual plan will end is if your account does not comply with our terms of service/acceptable usage policy. Both monthly and annual payments are non-refundable if your account does not follow our terms of service/acceptable usage policy.
Webcom Kenya Limited uses technical security measures to prevent the loss, misuse, alteration or unauthorized disclosure of information under our control. We use security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. All sensitive information is collected on a secure server. We use security measures including and not limited to: firewalls, non-public facing systems, complex passwords, antivirus, mitigation and detection software.
Customer represents and warrants to Webcom Kenya that the information he, she or it has provided and will provide to Webcom Kenya for purposes of establishing and maintaining the service is accurate. Webcom Kenya may rely on the instructions of the person listed as the Primary Customer Contact on the Order with regard to Customer’s account until Customer has provided a written notice changing the Primary Customer Contract.
UNSOLICITED EMAIL & SPAMMING
Webcom Kenya takes a zero-tolerance approach to SPAM originating from its servers or for spam advertising of domains hosted within our network. If found, YOUR account may be deactivated.
99.99% UPTIME GUARANTEE
(1.) COVERAGE – This 99.99% uptime guarantee applies to any Customer in good financial standing with Webcom Kenya at the time of a service outage.
(2.) SERVICE LEVEL AGREEMENT (‘SLA’) & SPECIFICATIONS – Webcom Kenya endeavours to have the content of YOUR website and emails available for http access by any party in the world 99.99% of the time. Network downtime (‘unavailability’) is defined as 100% packet loss from Webcom Kenya to its backbone providers. Downtime is measured past 10 minutes after notification of network failure via Webcom Kenya online ticketing system.
TECHNICAL SUPPORT BOUNDARIES
Webcom Kenya provides technical support for YOU that encompasses within our area of expertise only. Such expertise includes assistance, troubleshooting, and debugging of our cPanel control panel interface, servers within our immediate responsibility and any other hosting related issues.
Unlike many hosting companies we do our best to help with scripts, templates and programing languages. However, under no circumstances is Webcom Kenya obligated to help YOU in the installations of new application modules, templates and/or programming languages, nor in providing assistance for any errors produced by any applications that have been modified by YOU previously.
DOMAIN NAME REGISTRATION
YOU agree to pay Webcom Kenya prior to the effectiveness of the desired domain name registration, the then-current amount set forth in the Webcom Kenya price schedule for the initial registration of the domain name and, should YOU choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if YOUR domain name registration is suspended, cancelled or transferred prior to the end of YOUR then current registration term.
YOU hold all rights for the domain name you register with us.
Transfer domain away from Webcom Kenya
Webcom Kenya reserves all rights, without limitation, to reject the domain name transfer request for the following reasons, but not limited to:
– No response from the Registered Name Holder or Administrative Contact
– Domain name in Registrar Lock Status and there is no request from Registered Name Holder or Administrative
Contact for the status change
– Domain name registration period time will be expiring in less than 21 days or other constraints, other than during the first 60 days of initial registration or during the first 60 days after a registrar transfer.
Domain name registration period time will be expiring in less than 21 days and a renewal invoice has already been generated. In such cases the client will have to pay the invoice.
YOU agree and acknowledge that the failure or success of a domain name transfer will be his/her sole responsibility, and Webcom Kenya will not be held liable for the failure of a domain name transfer for any reason.
Suspension of Services/Termination
Customer agrees that Webcom Kenya may suspend services to Customer without notice and without liability if: (i) Webcom Kenya reasonably believes that the services are being used in violation of the AUP; (ii) Customer fails to cooperate with any reasonable investigation of any suspected violation of the AUP; (iii) Webcom Kenya reasonably believes that the suspension of service is necessary to protect its network or its other customers, or
The Agreement may be terminated by Customer prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if Webcom Kenya fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer’s written notice describing the failure in reasonable detail. The Agreement may be terminated by Webcom Kenya prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows: (i) upon fifteen (15) days’ notice if Customer is overdue on the payment of any amount due under the Agreement; (ii) Customer materially violates any other provision of the Agreement, including the AUP, and fails to cure the violation within thirty (30) days of a written notice from Webcom Kenya describing the violation in reasonable detail; (iii) upon one (1) days’ notice if Customer’s Service is used in violation of a material term of the AUP more than once, or (iv) upon one (1) days’ notice if Customer violates Section 5 (Customer Information) of this Agreement. Either party may terminate this agreement upon five (5) days advance notice if the other party admits insolvency, makes
an assignment for the benefit of its creditors, files for bankruptcy or similar protection, is unable to pay debts as they become due, has a trustee or receiver appointed over all or a substantial portion of its assets, or enters into an agreement for the extension or readjustment of all or substantially all of its obligations.
If you break our terms of service/acceptable usage policy, we hold the right to cancel any services. We will never cancel any services without trying our best to resolve the problem with you. However, in extreme cases such as website account containing child pornography we hold the right to cancel services without any prior warning. We do not refund any accounts breaking our terms of service/acceptable usage policy. For example, if we cancel your hosting account during your first month for breaching copyright, we will not refund you for the first month. This is to prevent people signing up for our services with the intention of breaching our terms.