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Terms and Conditions

Terms and Conditions

 

This Terms of Service (“Agreement”) is a legally binding contract between Megistos Pvt Ltd (“Ihost Africa”) and you (“Customer,” “you” or “your”) that shall govern the purchase and use, in any manner, of the services provided by Ihost Africa (collectively, the “Services”).

By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract in Zimbabwe.

If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of Ihost Africa and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Ihost Africa to cancel your Services.

  1. Ownership and Services Purchased

1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.

1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. Ihost Africa may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by Ihost Africa as set out on the Service Description Page, are referred to as the “Services.”

1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.

  1. Term of Agreement

2.1. This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of Ihost Africa, or by the posting by Ihost Africa

2.2. The term of this Agreement is set to the Customer’s billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.

  1. Compliance with Applicable Law

3.1. Ihost Africa is registered and located within Zimbabwe and as such, we are required to comply with the laws of Zimbabwe, regardless of where the Services are provided.

3.2. You agree to comply with all applicable laws, rules, and regulations, including without limitation all local rules where you reside or your organization is located regarding user content, user websites, online activities, email and your use of the Services. More specifically, but without limitation, you agree to comply with all applicable laws regarding the transmission of technical data exported to or from Zimbabwe or the country in which you reside. The Services are controlled and operated by us from our offices within Zimbabwe

 

  1. Payments and Billing

 

4.1. Ihost Africa will automatically bill your payment method on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, Ihost Africa will attempt to bill your payment method on file up to five (5) days prior to due date. All fees are billed in Zimbabwean Dollar and Suspensions are done every last day of the month if no payment is done.

4.2. Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.

  1. Late Payments

5.1. Any account not paid in full by the end of the  of the Billing Term (Last day of the month) will be given suspended. If payment is not made within the seven (7) day It will be Terminated, Ihost Africa reserves the right to terminate Service(s) for non-payment.

5.2. Ihost Africa is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Ihost Africa reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

  1. Cancellation of Services

6.1. Either party may terminate this Agreement by providing notice to the other as provided herein.

6.2. Cancellations must be requested via the email indicated above 48 hours or more prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.

8.6. Ihost Africa may terminate this Agreement at any time by providing notice to Customers via email. Should ihost Africa terminate this Agreement for any reason other than a material breach, or violation of Ihost Africa Acceptable Use Policy, any prepaid fees shall be refunded.

8.7. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

  1. Refusal of Service

9.1. Ihost Africa reserves the right to refuse service to anyone at any time. Any material that, in Ihost Africa’s judgment, is obscene, threatening, illegal, or violates Ihost Africa terms of service in any manner may be removed from Ihost Africa servers (or otherwise disabled), with or without notice.

9.2. Similarly, Ihost Africa reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Ihost Africa is not responsible for any damages or loss of data resulting from such suspension or termination.

9.3. If any manner of communication with Ihost Africa’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.

  1. Support Policy

15.1. Ihost Africa will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year..

 

15.2. Limited support will be provided, at Ihost Africa’s discretion and subject to availability of staff, via telephone and/or live chat. Ihost Africa will always do its best to provide fast, friendly, and helpful support over the telephone and live chat, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.

  1. Backup Services

 

17.1. Your use of ihost Africa Services is at your sole risk. This service is provided to you as a courtesy. Ihost Africa is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Ihost Africa’s servers. Any and all backup services provided by Ihost Africa, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.

17.2. Backups are performed on servers that house shared and reseller packages only. No backups are performed for virtual private server (VPS/VDS), cloud hosting, semi-dedicated or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 100,000 inodes, the account will not be included in Ihost Africa’s automatic backup process.

will never charge a backup fee to restore a backup to address an error or omission caused by Ihost Africa.

  1. Governing Law and Disputes

27.1. This agreement shall be governed by the laws of Zimbabwe, exclusive of its choice of law principles, and the laws of Zimbabwe, as applicable.

  1. Partial Invalidity

28.1. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. Ihost Africa and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

  1. Changes to the Terms of Service

29.1. Ihost Africa reserves the right to modify this Agreement, in whole or in part, from time-to-time. Ihost Africa will provide you with notices of such a change by posting notice on your control panel. Unless Ihost Africa is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.

  1. Assignment

30.1. This Agreement may be assigned by Ihost Africa. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

  1. Force Majeure

31.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

  1. No Waiver

32.1. No waiver of rights under this Agreement or any Ihost Africa policy, or agreement between Customer and Ihost Africa shall constitute a subsequent waiver of this or any other right under this Agreement.

  1. No Agency

33.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.