Hostiko Cloud Service Agreement
Effective Date: 01/01/2024
Last Updated: 01/01/2024
1. Introduction
This Service Agreement (“Agreement”) is entered into by and between Hostiko Cloud (“Provider,” “we,” “us,” or “our”) and the customer (“Customer,” “you,” or “your”). This Agreement governs your use of the services provided by Hostiko Cloud, including but not limited to web hosting, domain registration, cloud solutions, and related services (“Services”).
By using our Services, you agree to be bound by this Agreement. If you do not agree to these terms, please do not use our Services.
2. Services
2.1 Web Hosting
Hostiko Cloud offers various web hosting plans, including shared hosting, VPS hosting, dedicated servers, and cloud hosting. The specifics of each plan, including storage, bandwidth, and other features, are detailed on our website and may be subject to change.
2.2 Domain Registration
We offer domain registration services, including the purchase and renewal of domain names. Domain registration is subject to availability and adherence to ICANN regulations.
2.3 Cloud Solutions
Our cloud solutions provide scalable and secure hosting options, tailored to meet your business needs.
2.4 Additional Services
Hostiko Cloud may offer additional services, including but not limited to SSL certificates, email hosting, and website builder tools.
3. Customer Responsibilities
3.1 Account Information
You agree to provide accurate and complete information when creating an account and to keep your account information up to date. You are responsible for maintaining the confidentiality of your account credentials and for all activities conducted under your account.
3.2 Acceptable Use
You agree to use our Services only for lawful purposes. You may not use the Services to engage in any activity that is illegal, harmful, or violates the rights of others. This includes, but is not limited to, spamming, phishing, hacking, and distributing malware.
3.3 Content and Data
You are solely responsible for the content and data you upload, store, or transmit through our Services. Hostiko Cloud does not monitor or control the content hosted on our servers, but we reserve the right to remove any content that violates this Agreement or applicable laws.
4. Payment and Billing
4.1 Fees
Fees for our Services are detailed on our website and are subject to change. All fees are payable in advance and are non-refundable, except as provided in our refund policy.
4.2 Payment Methods
We accept various payment methods, including credit cards, debit cards, and electronic transfers. By providing payment information, you authorize Hostiko Cloud to charge the applicable fees to your chosen payment method.
4.3 Late Payments
Failure to pay fees when due may result in suspension or termination of your account and Services. You are responsible for any late fees, interest charges, or collection costs incurred due to late payments.
5. Service Availability and Uptime
Hostiko Cloud strives to provide a high level of service availability and uptime. However, we do not guarantee uninterrupted or error-free service. Scheduled maintenance, network outages, or other factors beyond our control may result in temporary service disruptions.
6. Termination
6.1 Termination by Customer
You may terminate this Agreement at any time by discontinuing the use of our Services and notifying Hostiko Cloud in writing.
6.2 Termination by Hostiko Cloud
Hostiko Cloud reserves the right to suspend or terminate your account and access to the Services, with or without notice, if you violate this Agreement, fail to pay fees, or engage in prohibited activities.
6.3 Effect of Termination
Upon termination, all licenses and rights granted to you under this Agreement will immediately cease. Any data stored on our servers may be deleted, and Hostiko Cloud is not responsible for any loss of data.
7. Limitation of Liability
To the fullest extent permitted by law, Hostiko Cloud shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Services. Our total liability to you for any claims arising out of or relating to this Agreement shall not exceed the total fees paid by you for the Services during the 12-month period preceding the event giving rise to the claim.
8. Indemnification
You agree to indemnify and hold Hostiko Cloud, its affiliates, officers, directors, employees, and agents harmless from and against any and all claims, liabilities, damages, losses, or expenses, including reasonable attorneys’ fees, arising out of or in connection with your use of the Services, violation of this Agreement, or infringement of any intellectual property or other rights of any person or entity.
9. Amendments and Modifications
Hostiko Cloud reserves the right to modify this Agreement at any time. Any changes will be effective upon posting the updated Agreement on our website. Your continued use of the Services after such modifications constitutes your acceptance of the new terms.
10. Governing Law and Dispute Resolution
This Agreement shall be governed by and construed in accordance with the laws of Kenya, without regard to its conflict of law principles. Any disputes arising out of or in connection with this Agreement shall be resolved through binding arbitration in Nairobi, Kenya.
11. Miscellaneous
11.1 Entire Agreement
This Agreement constitutes the entire agreement between you and Hostiko Cloud concerning the subject matter hereof and supersedes all prior agreements and understandings, whether written or oral.
11.2 Severability
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall continue to be valid and enforceable.
11.3 Waiver
No waiver of any term or condition of this Agreement shall be deemed a further or continuing waiver of such term or any other term.
Contact Information
If you have any questions about this Agreement or the Services, please contact us at:
Hostiko Cloud
By using our Services, you acknowledge that you have read, understood, and agreed to this Service Agreement.
