Legal Agreements
- Published: Thursday, 30 December 2021 12:22
Domain & Hosting: Terms & Condition
Provider agrees to provide, and Client agrees to receive, Domain and hosting services according to the following terms and conditions;-
1.0: Financial Arrangements: {Monthly / Quarterly / Semi-Annual / Annual.}:
- Client agrees to a month to month, quarterly, semi-annual or annual contract, beginning after Provider's receipt of a signed contract with payment or verbal agreement with payment.
- Payment is due the 1st day of each month. If payment is not received at 12:01 A.M. of the 10th day of the month a late charge of 10% will be applied. If payment is not received by the 20th day of the month the account will be terminated, and Any and All Collection Fees will be paid by contract clients.
- If Client chooses to pay for an entire year, they receive a discount of one month if any. This discount only applies if a whole year is paid up front, and is not refundable.
- Provider reserves the right, in its sole discretion, to deactivate the Clients account upon an indication of credit problems including delinquent payments.
- If your check is returned for Non-Sufficient Funds, a Tzs 20,000/= fee will be charged, and we will no longer be able to accept checks from you or your company as payment. Payment will have to be made by way of Cashier’s Check, Money Order, or Cash.
- We accept payment via Microsafi Bank Account, Mobiles payment and online payment displayed via Microsafi website and invoices sent to clients.
1.1: Service:
- The provider's service is provided on an "as is, as available" basis. The provider gives no warranty, expressed or implied, for the Domain and Hosting services provided, including, and without limitation, warranty of the merchantability and warranty of fitness for a particular purpose. This no warranty expressly includes any reimbursement for losses of income due to disruption of service by provider or its providers.
- Client will use the account in a manner consistent with any and all applicable laws of Business and the laws of republic of Tanzania Government.
- While Provider shall make every reasonable effort to protect data stored on its servers, client is solely responsible for maintaining data, file, and directory structure as well as back-ups.
- Provider makes no representations, warranties or assurances that Client's equipment will be compatible with Provider's services.
2.0: Billing and Payment Information
2.1: Prepayment
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, at our sole discretion, payments may be applied to outstanding invoices in your billing account.
2.2: Auto renewal.
Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the Services, you may be billed, but we are not obligated to bill you, on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
2.3: Advance Account.
If you maintain a credit balance, we will deduct from the credit balance when you purchase products or services from us. If the credit balance is insufficient for processing the order the order may not be processed. Any negative balance in the Advance Account will become immediately payable. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without any notice.
2.4: Taxes.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority, unless otherwise provided. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
2.5: Late Payment or Non-Payment.
Any invoice that is outstanding may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by the Company, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have ten (10) days from the expiry date to pay the outstanding amount due for a dedicated server. After 10 days, the data on the dedicated server will be permanently deleted and cannot be restored.
2.6: Domain Payments.
- Domain registrations. No refunds will be given once a domain is registered.
- Domain Renewals. You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.
2.7: Fraud.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
2.8: Invoice Disputes.
If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
2.9: Price Change
The Company reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.
3.0: Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.
4.0: Cancellations and Refunds:
4.1: Refunds.
Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
4.2: Non-refundable Products and Services.
Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on Sectigo WebDNS, dedicated servers, or additional products or services such as Codeguard, Digital Certificates, shared VPS hosting, SiteLock install fees for custom software, and/or any other products or services of the Company.
4.3: Non-refundable Fees.
Fees paid by Subscriber in connection with the purchase of add-on services, including without limitation, SSL certificates, App Machine, Site Backup Pro, Pay Per Click Marketing (PPC), cPanel QuickStart, WordPress QuickStart, Site Doctor, website transfer, Design Service Standard, Design Service Plus, Design Service Premium, SEO Package, SiteLock, domain privacy, and domain names are non-refundable, as are payments made by check for $10.00 equivalent to TZS 25,000 or less due to processing fees, unless otherwise expressly provided.
5.0: Money-back Guarantee
5.1: 30 Day Money-Back Guarantee
If client purchase an account with a thirty (30) day money-back guarantee, you may receive a full refund of all hosting fees paid (the "Money-back Guarantee Refund") if you cancel within the first thirty (30) days of the Initial Term (the "Money-back Guarantee Period").
To request a Money-back Guarantee Refund, please contact our billing department by calling +255 763 110 110 or by using our online LiveChat. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this Section 5.
- Money-back Guarantee Refunds only apply to hosting services and certain add-on products or services and do not apply to domain registration fees, setup fees, or any fees for additional Services see Section 4.
- The Money-back Guarantee Refund is valid for credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods.
- Payment made via such as without limitation mobile money, cheques, transfer will be refunded after deducts any fee (including without limitation, administrative fee and/or tax).
5.2: Dedicated Servers
There are no refunds on dedicated servers. The thirty (30) days money- back guarantee does not apply to dedicated servers.
5.3: Managed shared, VPS and Reseller Services
The Company offers a thirty (30) day money- back guarantee for shared, VPS, and reseller hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for only hosting not domain .This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for any additional products or services. For more information about our refund policy on additional products or services please refer to the section Non-refundable Products and Services see Section 4.
5.4: Domain Registration Fees.
In the event Subscriber cancels the Services prior to the expiration of thirty (30) calendar days and requests a refund in compliance with the terms and conditions of this Section 5, Subscriber will receive a Money-back Guarantee Refund provided that if Subscriber registers any domain name as part of a "Free Domain Name" promotion in connection with the Services, Subscriber's refund will automatically be reduced by the regular cost per domain name. Subscriber will retain full ownership and control of any such domain names.
6.0: Cancellation Process.
You may terminate or cancel the Services from the control panel or by notes within 10 days. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term.
Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.
We reserve the right to deny or cancel any order within thirty (10) days of processing such order. In such case we will refund the fees charged for the order.
6.1: Cancellations After 30 Days.
Microsafi does not offer refunds for cancellations that occur after thirty (30) calendar days following the purchase.
7.0: Trademarks and Copyrights:
Client hereby agrees that any material submitted for publication to provider through clients account(s) will not violate or infringe any copyright, trademark, patent, statutory, common law or proprietary rights of others, or contain anything harmful.
8.0: Limited Liability:
Client hereby agrees that abusive and unethical materials such as: pornography, obscenity, nudity, racism and any illegal activity will be cause for immediate termination.
9.0: Termination:
This Agreement may be terminated by either party, without cause, by giving the other party 30 days written notice. Notwithstanding the above, Provider may terminate service under this Agreement at any time, without penalty, if Client fails to comply with the terms of this Agreement.
We may terminate your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, with notice in the event that:
- you fail to pay any fees due hereunder to Microsafi;
- you violate the terms and conditions of this Agreement;
- your conduct may harm Microsafi or others, cause Microsafi or others to incur liability, or disrupt Microsafi's business operations (as determined by Microsafi in its sole discretion);
- you are abusive toward Microsafi's staff in any manner; or
- for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement. In such event, Microsafi will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
10.0: Changes to the Agreement or the Services
We may change or modify this Agreement at any time. We will post a notice of any significant changes to this Agreement on our website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised. Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page. If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified. If you do not agree to abide by this Agreement, you are not authorized to use or access the Services.