Kenya Web Hosting Experts Ltd

IMPORTANT NOTICE:
All deposits and payments via BANK & MPESA for any online services are strictly non-refundable. By making a payment, you acknowledge that you are paying for a full year of service, and no refunds will be issued under any circumstances.

1. Interpretation

1.1 In these Terms and Conditions:

“CONTRACT” means the agreement for the provision of the Services.

“CUSTOMER” means the person, company, or partnership with whom the Company enters into the Contract and for whom the Company has agreed to provide the Services.

“DOCUMENT” includes any written record, map, plan, design, drawing, picture, image, or other information record in any form.

“DOMAIN NAME” means the Internet Protocol name identifier registered or reserved by the Company with the relevant authorities on behalf of the Customer as requested in the Specification Sheet.

“HOSTING” means the making available of the Customer’s Domain Name and website to the Internet.

“ILLEGAL” means any act capable of breaching the criminal laws of Kenya.

“INPUT MATERIAL” means any documents, data, or other information provided by the Customer relating to the Services.

“MATERIAL” means any work, information, product, comment, message, service, or other material uploaded or posted onto the Website.

“SERVER” means the computer system and equipment operated by the Company (or its subcontractors) in connection with the provision of the Services.

“SPECIFICATION SHEET” means the document appended to these Terms or on the Company’s website specifying the Services.

“SERVICES” means any services provided by the Company, including but not limited to Domain Name Registration, Website Hosting, Website Forwarding, and Email Forwarding.

“COMPANY” means Kenya Web Hosting Experts Ltd (registered in Kenya).

“STANDARD CHARGES” means the charges published by the Company from time to time on its website or other literature.

“TERM” means a period of one (1) year from the date of the Contract, unless otherwise specified in the Specification Sheet.

“TRANSFER AGREEMENT” means the agreement for transferring any Domain Name or Website to a third party or new registrar.

“TRANSFER FEE” means the administration fee levied for transferring a Domain Name or Website.

“WEBSITE” means the area on the Server allocated by the Company for the Customer’s use as an Internet site.

“WWW” means the World Wide Web service.

1.2 Headings are for convenience only and do not affect interpretation.

2. Supply of Services

2.1 The Company shall provide the Services in accordance with these Terms. Any changes must be agreed in writing.

2.2 The Customer shall provide all necessary Documents, materials, and information at its own expense and ensure their accuracy.

2.3 Services will be provided as described in the Specification Sheet and the Company’s published literature.

2.4 The Company may correct typographical errors without liability.

2.5 The Company may make changes to comply with statutory requirements or minor adjustments that do not materially affect the Services.

3. Charges and Payment

3.1 The Customer shall pay the Company’s Standard Charges and any additional sums arising from the Customer’s instructions, errors, or omissions.

3.2 The Company may vary its Standard Charges with at least one month’s written notice.

3.3 All charges are exclusive of VAT.

3.4 The Company may invoice the Customer in full at the commencement of Services if payment is not made in advance.

3.5 Payments are due within 14 days of the invoice date.

3.6 Late payment may result in:

Interest at 4% above Barclays Bank Kenya base rate, and/or

Termination of unpaid Services.

3.7 Non-Refundable Payments:
All deposits and payments via BANK & MPESA for any online services are non-refundable. Payments are for a full year of service, and no refunds will be issued under any circumstances.

3.8 If the Contract is terminated due to the Customer’s breach, no refund will be issued, and all outstanding amounts remain payable.

4. Intellectual Property

4.1 Property and copyright in Input Material remain with the Customer.

4.2 The Customer warrants that Input Material will not infringe third-party rights and indemnifies the Company against any claims.

5. Warranties and Liability

5.1 Services are provided with reasonable care and skill. The Company does not guarantee uninterrupted service or third-party goods/services.

5.2 The Company is not liable for issues arising from incorrect or incomplete Customer-provided information.

5.3 Except for death or personal injury caused by negligence, the Company is not liable for indirect or consequential loss. Liability is limited to the Charges paid.

5.4 The Company is not liable for delays caused by events beyond its reasonable control.

5.5 The Company is not liable for loss or dispute regarding Domain Names.

5.6 Downloading any Material is at the Customer’s risk.

5.7 The Customer indemnifies the Company against claims arising from:

Use of the Website or Services,

Illegal or inappropriate content,

Breach of these Terms.

5.8 Claims must be notified in writing within one year of arising.

6. Domain Name Registration

6.1 No representation is made that requested Domain Names can be registered.

6.2 Registration is subject to the relevant authority’s terms; any third-party charges are non-refundable.

6.3 The Company is not liable for Domain Name disputes.

6.4 Final responsibility for renewal rests with the Customer.

6.5 Registration does not prevent third-party objections.

6.6 Domain Names are registered for a maximum of one year.

6.7 The Company may resell unpaid Domain Names.

7. Website Hosting and Email

7.1 Hosting is provided “as is” with no warranty of uninterrupted service.

7.2 The Customer must insure data stored on the Server.

7.3 The Customer must not use the Services for illegal, immoral, or infringing purposes.

7.4 Viruses must not be uploaded; the Customer indemnifies the Company for any breach.

7.5 The Company may remove Material that violates intellectual property rights.

7.6 The Company may monitor and remove unsuitable content, informing authorities if necessary.

7.7 Excessive bandwidth use may incur additional charges.

7.8 Spamming or unsolicited bulk emails are prohibited.

8. Transfer of Websites or Domain Names

8.1 Transfer Fees apply to any relocation or transfer. Services will not be transferred until all charges are paid, and necessary agreements signed.

8.2 The Company is not liable for any service interruption during transfers.

9. Termination

9.1 The Contract continues for one year unless terminated with 3 months’ notice.

9.2 Either party may terminate for breach not remedied within 30 days or in case of bankruptcy/liquidation.

9.3 On termination, the Company may block or remove the Customer’s Website and data.

10. General

10.1 These Terms constitute the entire agreement.

10.2 Notices must be in writing.

10.3 No delay or waiver affects rights under the Contract.

10.4 Invalid provisions do not affect the remainder of the Terms.

10.5 The Company is not liable for force majeure events.

10.6 The Customer may not assign the Contract. The Company may assign with notice.