This agreement is between Waycomp Solutions Private Limited - registered in at 47 Craster Road, Southerton, Harare - (herein referred to as "We" or "Us" or "Our") and You as the Customer (herein referred to as "You" or "Your" or "Customer" or "Customers" or "Client" or "Clients") regarding Our hosting products and services. The use of "Staff" or "Agent" or "Agents" herein refers to any employee, director or representative of Waycomp Solutions Private Limited.
The use of "Account" or "Accounts" or "Package" or "Packages" or "Product" or "Products" or "Service" or "Services" herein signifies any product or service We make available, including but not limited to: web hosting, business web hosting, reseller web hosting, domain name registration, domain name transfer , server management.
To "Suspend" or "Suspension" is to temporarily shut down, ban or disable an Account or Accounts or Service or Services. To "Terminate" or "Terminated" is to permanently close an Account or Accounts or Service or Services and delete all subsequent data, thus Termination is irreversible.
From time to time we may amend, add or remove points, paragraphs or clauses from Our Terms of Service. We may not always inform you in advance of changes to Our Terms of Service where such changes will not materially disadvantage you. However we will use our best efforts to notify you in advance of changes to Our Terms of Service that may impede Your Services.
We provide all customer, technical and billing support in English only. We cannot be held responsible in any way for problems, issues or faults due to translation and/or language breakdown.
Our Products and Services are available to individuals and companies in most countries around the world, however you must use the Products and Services in compliance with Zimbabwean laws & regulations in addition to your local laws & regulations. We reserve the right to refuse, cancel and/or terminate Your Services, with or without prior notice, at our sole discretion, where we believe your use of a Product or Service may be unlawful.
We reserve the right to change, edit or alter the specifications of Our Products and Services at any given time, though we will use our best efforts to notify you in advance of such changes, edits or alterations.
You must be at least 18 (eighteen) years of age to make use of any of Our Products and Services. We may ask that you provide valid proof of age and/or identification before activating Products or Services.
When you order a new Product or Service from us an invoice will be automatically generated. We must receive payment in full for this invoice before Your Product or Service is activated.
With the exception of Domain Names, SSL Certificates and unless otherwise explicitly stated in your order, all Products and Services run on a yearly rolling contract.
We will automatically generate invoices 30 (thirty) days in advance of Products and Services that are renewing. We will receive automatic payment from you if there is a Paynow Subscription or other valid means of scheduled billing. Else, you are expected to make payment in full for the invoiced amount on or before the renewal date of the invoice.
If we are not in receipt of payment in full for the invoiced amount following the 30th (thirtieth) day of the invoice renewal date, Your Product or Service will be terminated.
All billing and invoice transactions including billing and invoice support are processed during 9AM through 5PM GMT or BST where applicable, Monday through Friday, excluding all Zimbabwean public holidays.
Waycomp Solutions Private Limited is not registered for VAT in Zimbabwe. This means all sales to individuals and companies within Zimbabwe will not incur VAT.
You may request the Cancellation of Your Products or Services by creating a support ticket via our Portal available at http://support.waycomp.net, sending an email to support@waycomp.net.
Cancellations are processed by our billing department whose working hours are defined in clause 1.6. Please consider and make an allowance for the working hours as set out in clause 1.6 and any possible delays which we may encounter that inflict the receipt and/or processing of your cancellation request.
Upon receipt of your cancellation request, your Products or Services will be terminated imminently and at our sole discretion. We may not issue you with notification or timescale or warning before Terminating Your Products or Services.
If you request cancellation within 30 (thirty) calendar days of Your Products or Services becoming active, available or live, we will issue you with a refund EXCLUDING the used or consumed value of Your Products or Services up until the point of cancellation. This clause may be used only once per Customer.
With the exception of clause 3.1 and/or a billing problem or fault on our part, we reserve the right to refuse any refund request.
We will not issue a refund for Products and Services such as Domain Names and/or SSL Certificates where such Products and Services may continue to be used or wholly consumed after your cancellation request.
We will not issue you with a refund for any credit you may have with us.
We endeavour to issue all refunds within 7 (seven) working days of receipt of cancellation, where working days and working hours are defined in clause 1.6.
We will only issue a refund using the same method of payment as when you purchased Your Products or Services.
All refunds are issued at our sole discretion.
You agree that you are liable for all charges levied by your telephone and/or Internet access provider arising from contact with our Agents.
Our Agents are kind, friendly and not aggressive towards customers, thus we expect the same attitude to be shown towards them. If we believe that you are abusive towards any of Our Agents, We reserve the right to suspend and/or terminate Your Services immediately without any prior warning. As such, we will not tolerate any of the following: use of profanity, aggressiveness, rudeness, threatening or any other type of abuse.
Telephone support for Products and Services is available between the hours of 9AM through 5:00PM GMT. Monday through Friday, excluding all Zimbabwean public holidays.
Ticket, e-mail and live chat support for Products and Services is available between the hours of 9:00AM through 5:00PM GMT. Monday through Friday, excluding all Zimbabwean public holidays.
The terms set out in clause 5 are applicable only to our web hosting, business hosting and reseller hosting Products as made available through Waycomp Hosting.
We will try but cannot guarantee to provide support for any third-party scripts or software that you may have installed or uploaded on your hosting Product.
You have the ability to create and download full web site backups at any time through your 'cPanel' software interface. We advise you to make use of this ability at regular opportunities, and/or implement an alternate method of backup for your additional safety.
Some Products allow you to choose or set the location you wish for Your Product to be hosted. This is on an "as available" basis; if the location you choose is at full or near full capacity, we will provision Your Product elsewhere in another location.
Our web hosting, business hosting and reseller hosting Products operate on a shared IP basis, whereby your site may be hosted upon an IP address that is shared between many other sites or Customers. Some Customers may request an SSL Certificate to be installed on to their Product, in such cases this is undertaken through the use of Server Name Indication which is an extension to the TLS protocol.
Customers with a Reseller Hosting Product are responsible for supporting their own customers at all times. You are therefore required to have basic knowledge of web hosting, so that you are able to support and address simple faults without the intervention of us. Should a more severe or server-side fault occur, we will be happy to deal with you to resolve such fault. We shall not deal with or contact your customers directly under normal circumstances.
Should an account belonging to a Reseller Hosting Customer violate Our Terms of Service, under most circumstances we shall only terminate the specific account in question, without prior warning or notice. We shall notify the Reseller Hosting Customer of such termination and a brief explanation of why the termination was undertaken. Should the Reseller Hosting Customer host many accounts that violate Our Terms of Service, We may, at our sole discretion, terminate the Reseller Hosting Customer's account in its entirety, without prior warning or notice.
All web hosting, business hosting and reseller hosting Products have SSH "Shell" access disabled by default. This procedure is enforced to better protect our servers and customer data stored upon them. We may, in some scenarios and at our sole discretion, enable SSH access for some customers providing there is a genuine requirement for this feature, and we are confident the security of our server shall not be compromised.
The terms set out in clause 6 are applicable only to domain name registration, domain name renewal and domain name transfer Services as offered by our brands.
Placing a domain name registration order with us acknowledges you are giving us permission to register an otherwise unregistered domain name on your behalf. You agree that your name, postal address, e-mail address and telephone number (or such details of your company or organisation) will be publicly viewable via a WHOIS lookup. You are required to keep your details accurate and up-to-date at all times. Failure to do so may result in your domain name being suspended.
In some scenarios it may be required for you to provide us with an EPP code, transfer secret, change or update of an IPS tag, or other registrar-specific details, in order to fulfil a domain name transfer in to us. We are able to offer guidance for such scenarios, however we are not able to communicate or interface directly with your current domain name registrar on your behalf.
We are able to offer WHOIS Privacy Protection to personal (home) users on some TLDs (i.e. .com, .co.zw, .net). If WHOIS Privacy Protection is selected, some or all of your personal details such as contact name, postal address, e-mail address and telephone number will be excluded from Our WHOIS database. Instead, our details will be in place in the WHOIS database for your domain; any e-mails we receive on your behalf will therefore be forwarded on to you, however we will not accept telephone calls or postal letters on your behalf and any such calls or letters will be disregarded.
We make every effort to notify you of the domain names you have with us that are soon to expire; as such, we send e-mails 30, 10 and 5 days in advance to the domain name expiring to the registered e-mail address in our database. We accept no liability for expired domain names should you miss these e-mails, if they fail to deliver, if they are flagged as spam, you do not personally receive them and such like.
When you register, renew or transfer a domain name with us, by default this domain name will be configured to use our nameservers (ns1.waycomp.net, ns2.waycomp.net, ns3.waycomp.net and ns4.waycomp.net). We can change them for you if required you need to send in an email to support@waycomp.net with the request.
It is important to understand we not a direct domain registrar. We work on a wholesale/reseller basis with multiple agents including eNom, Inc. and web enchanter whereby we register and/or renew and/or transfer your domain name(s) through one or multiples of these agents. Should you have any issues with your domain name(s), you should firstly raise the issue(s) with us. Any issues requiring escalations to a higher level will be disputed by us on your behalf to our relevant domain name agent(s).
The terms set out in clause 7 are applicable only to SSL certificate Products as offered by us.
We are able to fully support all SSL Certificates provided by us when used on our web hosting, business hosting and reseller hosting Products, or when used with our server support services, or used on our managed hosting Products. Should you self-host your SSL Certificate on a VPS or dedicated server, or if Your SSL Certificate is hosted on an alternate web hosting provider, we shall offer our support on a best effort and complimentary basis. As such, we cannot fully guarantee to install / maintain / troubleshoot SSL Certificates hosted on alternate hosting providers or VPS or dedicated servers.
Our network, Your Products and Services must not be used for any of the following activities, including but not limited to:
Illegal use, including supporting or encouraging any type of illegal activities. We reserve the right to work and cooperate with the appropriate authorities and/or businesses regarding illegal use or activities.
Harming, or attempting to harm minors in any way, including the storage, sending or receiving of child pornography.
Threatening any person, business, organization or authority, including storing or sending material which threatens or encourages the destruction of property or bodily harm.
Copyright infringement, including fraudulently selling items, products or services. We reserve the right to work and cooperate with the corresponding copyright holders or authorities regarding copyright infringement.
Forgery or Impersonation, including tampering with network header information or attempting to illegally impersonate any person, business, organization or authority. The use of anonymous re-mailers or nicknames does not constitute impersonation.
Misuse of Networks and Services, including executing DDoS attacks, attempting to or accessing data not intended for you, or using excessive network resources which may result in the disruption of any Networks. We reserve the right to work and cooperate with the appropriate authorities regarding the disruption of Networks or Services.
Unsolicited e-mailing, including spamming and mail bombing.
IRC servers, IRC clients, IRC bots or any other IRC activities, including linking to external IRC servers.
The use of any form of open-access/anonymous/public proxy or VPN applications, including 'web proxies' and 'ToR Relay/Exit Nodes'. (Private, personal and business VPN applications are permitted.)
We do not allow the hosting of any types of pornography or adult-related content on Our Products and Services. Examples of such content can include, but not be limited to, erotic videos/ pictures/ stories, forums or blogs with links to third party sites containing such content.
Our web hosting, business hosting and reseller hosting Products operate on a shared server environment, meaning that many users share the same server on which your site is also hosted. If we feel that your web hosting, business hosting and reseller hosting Product is using excessive network bandwidth or another server resource which is detrimentally affecting other user's Products, We may temporarily restrict Your Product. We will contact you regarding an upgrade to your web hosting, business hosting and reseller hosting Product, if deemed necessary. If excessive usage continues, we may take steps to permanently reduce such excessive usage, with for example the removal of some/ certain scripts, reducing allowances, or ultimately Product suspension.
We believe you should be able to use Your Products and Services the way you wish to use them, which may include hosting a personal or business web site, sharing images and photos, storing video and music clips, and sending & receiving e-mails. However, you must not use Your Products and Services in any way which we believe, at our sole discretion, may be unlawful, indecent or objectionable.
We do not allow the hosting of any types of pornography or adult-related content on Our Products and Services. Examples of such content can include, but not limited to, erotic videos/pictures/stories, forums or blogs with links to third party sites containing such content.
It is your responsibility for all use Your Products and Services, including any misuse, even if misuse was not caused directly by you. Therefore, actions should be taken to ensure it is not possible for others to gain unauthorized access to any part of Your Products and Services.
You should keep all access details including usernames and passwords secured in a safe place where access to this is restricted. It is prohibited to inform or share your access details with unauthorized users. Attempting to access or gaining access to another user’s account, Product or Service is strictly prohibited.
We operate a zero-tolerance spam and network abuse policy. You are required to offer easily accessible opt-out procedures for bulk e-mail lists and mailshots. It is preferred for all Customers to operate SPF and DKIM on their e-mail services.
Whilst we make reasonable efforts to ensure all IP addresses belonging to us are not listed on spam or abuse blacklists, we cannot guarantee this. Should we assign You an IP address that is blacklisted, we are willing to assist you in removing such IP address from any blacklists.
If we believe Your Product or Service is, or has, been used in such a way that violates any part(s) of the Acceptable Use Policy as set out in clause 8, we reserve the right to instantly suspend the offending Product or Service, and in some scenarios terminate the offending Product or Service with or without informing you beforehand.
All web hosting, business hosting, reseller hosting and managed hosting Products carry a 99.9% monthly uptime guarantee
Where You have a web hosting, cloud hosting, business hosting or reseller hosting Product, Our uptime guarantee covers the hardware and network link of the server Your Product is hosted on. The uptime guarantee does not cover individual web sites as they can face coding problems, redirects, manipulation of HTTP status codes and such like that may mark them as offline.
This Web Site Availability Service Level Agreement (SLA) applies to you ("customer") if you have ordered any of the following Linux hosting account services from Waycomp (the "Services") and your account is current (i.e., not past due) with Waycomp: Linux Shared Web Hosting Plans (Starter, Business, Pro, Ultra) . As used herein, the term "Web Site Availability" means the percentage of a particular month (based on 24-hour days for the number of days in the subject month) that the content of customer's Web site is available for access by third parties via HTTP and HTTPS, as measured by Waycomp.
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Waycomp's goal is to achieve 100% Web Site Availability for all customers. If the Web Site Availability of customer's Web site is less than 100%, Waycomp will issue a credit to customer in accordance with the following schedule, with the credit being calculated on the basis of the monthly service charge for the affected Services, subjected to Sections 3 and 4 below.
Web Site Availability
Credit Percentage
99% to 100%
0%
98% to 98.9%
10%
95% to 97.9%
25%
90% to 94.9%
50%
89.9% or below
100%
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of Web Site Availability caused by or associated with: a. circumstances beyond Waycomp's reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, armed conflict, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, virus attacks or hackers, failure of third party software (including, without limitation, ecommerce software, payment gateways, chat, statistics or free scripts) or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of this SLA; b. Failure of access circuits to the Waycomp Network, unless such failure is caused solely by Waycomp; c. Scheduled maintenance and emergency maintenance and upgrades; d. DNS issues outside the direct control of Waycomp; e. Issues with FTP, POP, or SMTP customer access; f. False SLA breaches reported as a result of outages or errors of any Waycomp measurement system; g. Customer's acts or omissions (or acts or omissions of others engaged or authorized by customer), including, without limitation, custom scripting or coding (e.g., CGI, Perl, HTML, etc.), any negligence, wilful misconduct, or use of the Services in breach of Waycomp's Terms and Conditions and Acceptable Use Policy; h. e-mail or webmail delivery and transmission; i. DNS (Domain Name Server) Propagation. j. Outages elsewhere on the Internet that hinder access to your account. Waycomp is not responsible for browser or DNS caching that may make your site appear inaccessible when others can still access it. Waycomp will guarantee only those areas considered under the control of Waycomp: Waycomp server links to the Internet, Waycomp's routers, and Waycomp's servers.
To receive a credit, the customer must make a request therefore by contacting us at billing@waycomp.net. Each request in connection with this SLA must include the customer's account number (per Waycomp's invoice) and the dates and times of the unavailability of customer's Web site and must be received by Waycomp within ten (10) business days after the customer's Web Site was not available. If the unavailability is confirmed by Waycomp, credits will be applied within two billing cycles after Waycomp's receipt of the customer's credit request. Credits are not refundable and can be used only towards future billing charges.
Notwithstanding anything to the contrary herein, the total amount credited to customer in a particular month under this SLA shall not exceed the total hosting fee paid by customer for such month for the affected Services. Credits are exclusive of any applicable taxes charged to customer or collected by Waycomp and are customer's sole and exclusive remedy with respect to any failure or deficiency in the Web Site Availability of customer's Web site.
We accept no responsibility for the suspension or termination of Your Products or Services should You miss any e-mails from us, or if they fail to deliver, flagged as spam, you do not personally receive them and such like.
In no event shall we be liable either in contract, tort (including negligence) or otherwise for indirect, incidental or consequential damages, including without limitation, loss of income, data, use or information.
You accept all responsibility and liability for any data published or made available to the Internet through the use of Our Products and Services. Furthermore, we cannot be held responsible for any software or services provided by third parties made available through the use of Our Products and Services or the Internet.
We cannot be held responsible for failure or delay in performing Our obligations due to circumstances beyond our direct control, including but not limited to acts of God or a government body, war, fire, strike or labour disturbance, unavailability of telecommunications, failure of third party hardware or software, inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Products and Services.
You agree that you shall indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against us, our agents, customers, offices and Staff, that may arise or result from any acts or omissions of You, Your agents, staff or assigns in connection with the use of our Products and Services.
You agree that We are not liable for any consequential damages which You may suffer as a result of loss of business, contracts, profits, clients or otherwise. We are unable to monitor or control any traffic over the Internet and exclude all liability for the publication of inaccurate, misleading, offensive or otherwise obscene materials which breach our Terms of Service or any laws.
You shall agree that a court may strike out or override any part of these Terms of Service if it considers them to be illegal, unenforceable or unfair and in such cases enforce only the Terms of Service as if the offending issues had never been contained in them.
