GENERAL TERMS AND CONDITIONS
These General Terms and Conditions contains the general terms and conditions applicable to all Services; the specific Product Terms and Conditions containing the additional terms for the particular Hosting Services you are buying; the Acceptable Use Policy; and The Agreement is effective as of the date of the email sent to you by Bitsimba Telecommunications expressly confirming acceptance of your order or the date you accept this terms and conditions.
Some words used in the Agreement have particular meanings:
“Acceptable Use Policy” or “AUP” means the Bitsimba Telecommunications Acceptable Use “Affiliate” means a subsidiary or holding company of either party to this Agreement and any subsidiary of such holding company.
“Business Day” or “Business Hours” means 8:00 a.m. – 5:00 p.m. Monday through Friday, excluding public holidays in Kenya.
“Confidential Information” means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including:
(i) for you, all information transmitted to or from, or stored on, your Hosted System,
(ii) for both of us, information that is marked or otherwise conspicuously designated as confidential. Information that is independently developed by one of us, without reference to the other’s Confidential Information, or that becomes available to one of us other than through breach of the Agreement or applicable law, shall not be “Confidential Information” of the other party.
“Country Specific Terms” means the addendum or addenda that may be incorporated into your Hosting Services Agreement if a portion of your Services are to be provided from a non-kenyan jurisdiction for which we have special legal terms.
“Hosted System” means a combination of hardware, software and networking elements that comprise an information technology system. Depending on the Services you are buying, the Hosted System may consist of a dedicated system for your use only, or the right to use certain parts of a shared system that Bitsimba Telecommunications maintains for many customers, or a combination of some dedicated elements and some shared elements.
“Hosting Services” means:
(i) Bitsimba Telecommunications‟s provision for your use of the Hosted System described in the Services Description, and
(ii) Support. “Product Terms and Conditions” means the terms and conditions for the particular Hosting Services you are buying.
“Services Description” means a written description of the Hosted System and/or Supplementary Services you are buying from Bitsimba Telecommunications, and related fees, that is incorporated by reference in the Agreement, including any “plan” or other name given to a Services description that you submit to Bitsimba Telecommunications as part of an online order process.
“Service Level Guarantee(s)” means:
(i) a guarantee or guarantees identified as a “Service Level Guarantee” or “Service Level Guarantees” in the applicable Product Terms and Conditions or
(ii) any provision which provides a specified credit or financial remedy for an identified failure to deliver or provide the Services.
“Services” means Hosting Services and Supplementary Services, collectively.
“Supplementary Services” means those Services you purchase from Bitsimba Telecommunications other than the Hosting Services, including time and materials based professional or consulting services (such as database administration or “DBA” services), one-time or non-recurring services which are not part of the existing Support (such as support for the application that you operate on your Hosted System), and any other services identified as “Supplementary Services” on the applicable Services Description. “Support” has the meaning stated in the applicable Product Terms and Conditions.
Domain Name Registration
Bitsimba Telecommunications offers domain name registration and renewal services in partnership with ICANN accredited registrars such as Kenya Network Information Centre (KENIC). Bitsimba Telecommunications processes registration and renewal services through these respective registrars at its discretion. Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate. Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the Automatic Domain Renewal service via the Client Area. If your hosting plan includes a free domain name, Bitsimba Telecommunications may automatically renew your domain name for you upon expiry as part of your hosting plan’s benefits, regardless of your Automatic Domain Renewal settings. You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer. Bitsimba Telecommunications is authorized to deny any such transfer requests. You acknowledge and agree that Bitsimba Telecommunications may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized or hostile transfers of your domain name. Domain transfer services are included only for active domain names that are either registered or renewed through Bitsimba Telecommunications at the regular rate. Clients may transfer expired domain names and domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.
Termination / Plan Change / Refund Policy
Bitsimba Telecommunications may terminate your Service under the following circumstances (non-exclusive list):
Non-payment of fees
You are in breach of any term or condition of this Agreement if Your use of the Service disrupts Bitsimba Telecommunications business operations or affects any other party. All client’s data is removed from Bitsimba Telecommunications servers for such terminations. You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the homepage of our website: https://www.bitsimba.com. When submitting your cancellation request, you must provide the correct Client ID and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account. Refunds will not be given for services that are billed monthly or for one-time service fees, such as web design fees, file recovery fees, domain redemption fees, etc. You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:
1. If you cancel your account within 30 days of sign-up (30 Days money Back Guarantee), you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
2. If you cancel your account within 45 days of a hosting service renewal, you will, upon request, receive a full refund on the hosting fees paid on your most recent renewal.
3. If you cancel your account within 30 days of a hosting plan change, you will, upon request, receive a full refund on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees. If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse Bitsimba Telecommunications for the domain name registration when you do any of the following before your hosting plan subscription expires:
1. You cancel your hosting plan subscription.
2. You change to a hosting plan or term that does not offer a free domain name.
3. You transfer the domain name to another domain registrar.
The amount of this fee will vary depending on the domain type and on the registration term. Only one refund may be issued for each invoice. Bitsimba Telecommunications reserves the right to grant or deny any refund requests. Domain name registrations, regardless if it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
Prohibited Conduct/Acceptable Use Policy(AUP)
Bitsimba Telecommunications does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Client engaging in the sending of Spam through the Bitsimba Telecommunications network or promoting information on websites hosted by Bitsimba Telecommunications will be considered in breach of this Agreement and will be suspended from the Service immediately. Your use of the Service must be in compliance with Kenya and US laws, and the laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupts the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU or bandwidth capacity. The following is a non-exclusive list of content and behavior prohibited by the Service:
a) Content that contains or contains links to: nudity, pornography, adult content, materials with sex or foul language.
b) Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
c) Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Bitsimba Telecommunications account will result in immediate account suspension.
d) Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
e) Content or otherwise that exploits children under 18 years of age.
f) Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
g) Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
h) Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
i) Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
j) Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Bitsimba Telecommunications service, solution or technology.
k) Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
Customer Requested Cancellation: Customer agrees to notify us of request to cancel at least 15 days prior to the next bill date. When canceling two (2) or more dedicated servers within any given 30 day period, customer agrees to notify us of request to cancel at least 30 days prior to the next bill date. When canceling ten (10) or more dedicated servers within any given 30 day period, customer agrees to notify us of request to cancel at least 60 days prior to the next bill date.
Unacceptable Resource Usage
You may not:
Reservation of Rights
Bitsimba Telecommunications reserves the right and sole discretion to:
a) Censor any website hosted on its servers that is deemed inappropriate.
b) Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
c) Terminate any account for non-payment of fees, for providing fraudulent account information or fraudulent payment information.
d) Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Bitsimba Telecommunications or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
e) Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar distructive activities, activities whether lawful or unlawful that Bitsimba Telecommunications determines to be harmful to its other customers, operations or reputation, or for any breach of this agreement.
f) Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves.
You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
We have zero tolerance for abusive language and/or abusive behavior towards our company and/or service we provide and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund. Furthermore, posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our “support ticket” or “support email” department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients, and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our support department first.
We try and maintain frequent back-ups for all our clients files. However, Backups are not included as part of any service. It is the customer’s sole responsibility to make backups and save them elsewhere off server. Availability of server backups is not guaranteed and we are not responsible for loss of customer data. Customers are advised to make backups of the information they store on our servers on a regular basis. Our Control Panel provides tools that allow customers‟ to make data backups, download data, download backups, etc.
Customer agrees that they will protect, indemnify, save and hold Bitsimba Telecommunication Ltd harmless from any and all stipulations, liabilities, losses, expenses and claims, including but not limited to reasonable attorney‟s fees assessed against Bitsimba Telecommunication, its agents, customers, officers, employees, officers, shareholders, directors and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by it’s customers, agents, employees, officers, shareholders, directors, or assigns. Customer agrees to defend, indemnify and hold Bitsimba Telecommunications Ltd harmless against liabilities arising out of;
(1) any injury to person or property caused by any products sold or distributed in association with Bitsimba Telecommunication’s Services;
(2) any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright, trademark patent, or other intelluctual property violation and any defective products sold to a customer from Bitsimba Telecommunication’s Services.
BITSIMBA TELECOMMUNICATIONS WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. BITSIMBA TELECOMMUNICATIONS MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. BITSIMBA TELECOMMUNICATIONS DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, FAILED BACKUPS, FAILED HARDWARE, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY BITSIMBA TELECOMMUNICATIONS AND ITS EMPLOYEES, DATACENTER, CONTRACTORS. BITSIMBA TELECOMMUNICATIONS RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE. Failure to follow any terms and conditions may result in account deactivation or termination without notice. Bitsimba Telecommunications furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy. Finally, Bitsimba Telecommunications wishes to emphasize that in accepting services, customers indemnify Bitsimba Telecommunications for the violation of any law or Bitsimba Telecommunications policy, that results in loss to Bitsimba Telecommunications or the bringing of any claim against Bitsimba Telecommunications. This means that if Bitsimba Telecommunications is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against Bitsimba Telecommunications, plus costs and reasonable attorneys’ fees.