Next Gen SME Terms & Conditions




DOMAIN NAME:

  1. Agreement

In this Agreement, “you” and “your” refer to each customer, “we”, “us”, “our” and the “Company” refer to Vodafone Uganda and “Services” refers to the suite of services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services or any component thereof, you have agreed to establish an account with us for such Services or component thereof. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and by any pertinent rules or policies that are or may be published on our website (www.vodafone.co.ug) or mailed by us.

  1. Selection of Domain Name

We cannot check and are not obligate to see whether the domain name you select/transfer, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular, we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a Court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we shall turn to you to hold us harmless and fully indemnify us.

  1. Responsibilities of Parties

 

  1. You shall provide to us accurate and reliable contact details and promptly correct and update them during the term of the domain registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number (if available); name of authorized person for contact purposes in case you are an organization, association, or corporation.
  2. Your willful provision of inaccurate or unreliable information, willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with your domain registration shall constitute a material breach of the Agreement and be a basis for cancellation of the domain registration.
  3. If you intend to license use of the domain name to a third party, nonetheless, you are responsible for providing its (the third party’s) full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain. The registrant licensing the use of a domain according to this provision shall accept liability for harm caused by wrongful use of the domain unless it promptly discloses the current contact information provided by the licensee and the identity of the licensee to a party providing the registrant reasonable evidence of actionable harm.
  4. We shall provide notice to each new or renewed registrant stating: –
  • The purposes for which any Personal Data collected from the applicant/registrant are intended;
  • The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
  • Which data are obligatory and which data, if any, are voluntary; and
  • How the registrant or data subject can access and, if necessary, rectify the data held about them.
  1. You consent to the data processing referred to in Clause (d).
  2. You shall provide notice equivalent to that described in Clause (d) to any third-party individuals whose Personal Data are supplied to us by you. You shall obtain consent equivalent to that referred to in Clause (e) from any such third-party individuals.
  3. We agree that we’ll not process the Personal Data collected from you in a way incompatible with the purposes and other limitations about which we have provided notice to you in accordance with Clause (d) above.
  4. We agree that we will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
  5. You unequivocally represent that neither the registration of the domain name nor the manner in which it shall, directly or indirectly, be used, infringes the legal rights of any third party.
  6. For the adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the Courts of your domicile and those of Uganda.
  7. You agree that the registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy: (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name.
  8. You shall fully indemnify and hold harmless the Company, and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration. 
  1. Fees Payment and Term
  • As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees.
  • All fees payable hereunder are non-refundable unless we provide otherwise.
  • As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you as required for the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). You hereby grant us the right to disclose to third parties such Account Information. The registrant, by completing and submitting the Domain Name Registration/Transfer Agreement (“Registration/Transfer Agreement”), represents that the statements in its application are true and that the registration of the selected Domain Name does not interfere with or infringe upon the legal rights of any third party. The registrant also represents that the Domain Name is not being registered/transferred for any unlawful purpose.
  • On the registration/transfer of a Domain name by Vodafone Uganda, a default (php3) home page will be displayed that inter alia could contain the following information: (1) name of the registrant, (2) email address of the registrant, (3) address of registrant, (4) logo of Vodafone Uganda domains.com (site from which the domain is registered) and (5) logo of Vodafone Uganda (server on which domain is hosted initially).
  • Domain Name can be applied for a period of 1 (one) to 10 (ten) years (minimum period 1 (one) year) from the date of the registration. You can apply for renewal of the registration for further period of 1 (one) to 10 (ten) years on payment of renewal fees applicable at the time of re-registration, and terms and conditions as applicable at the time of re-registration. The payment for re-registration must be received at least 15 (fifteen) days prior to the date of expiry otherwise re-registration of the same domain name shall not be granted. You acknowledge and agree that Vodafone Uganda cannot guarantee that you will be able to register or renew a desired domain name even if an inquiry indicates that the domain name is available, since Vodafone Uganda cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by third party(s), or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further agree that Vodafone Uganda may elect to accept or reject your application for registration or renewal for any reason at its sole discretion
  • All payments for the Services are to be made in favour of Afrimax Uganda Limited. In case payment is made by credit card then the registrant is required to send at the sole discretion of Vodafone Uganda, where it deems fit, a duly signed confirmation letter through courier/registered post.
  • Your domain name application, renewal application or registrar transfer request will not be submitted to the applicable registry unless we receive actual payment of the registration, renewal or transfer fee. In the event of a charge back by a credit card company or dishonor of cheque / demand draft in connection with your payment for the registration, renewal or registrar transfer request, you acknowledge and agree that the registration shall be transferred to Vodafone Uganda as the entity that has paid the registration, renewal or transfer fee for that registration to registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.
  • As per the ICANN Policy, the Registrar shall send at least 2 (two) reminder mails/notices to the registrant for a domain approaching expiry. It is also the responsibility of the registrant to renew the domain name on a timely basis. However, at the conclusion of the registration period, failure by the registrant to pay the renewal fee within the specified time as mentioned in the second reminder notice/mail, results in cancellation of the domain registration. We may send you more than 2 (two) reminder mails for renewal prior to the date when a renewal is due (though renewal reminder is automated, we owe no responsibility if we fail to notify prior to due date. You are requested to make the payment for renewal as and when due). Domain renewal status can be checked by you from the control panel provided to you. Should a renewal fee go unpaid within the time specified regarding renewal, the registration will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew the registration for the term specified, provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the registration, we will contact you to update this information and charge you accordingly.
  • In case the requisite payment is not received since it is due, then we can stop providing Services to you and the stoppage of Service due to non-payment or any other reason attributable to you cannot be held as intent to cause wrongful loss or damage to the public or any person’ and neither can it be constructed to diminish the value or utility or affect you injuriously. Discontinuance of Service by Vodafone Uganda due to non-payment of dues or any other reason attributable to you does not amount to Hacking.
  1. Modification of Agreement

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the Services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the Service(s) on our website (www.vodafone.co.ug), or on notification to you by e-mail or regular mail as per the Notices clause of this Agreement. You agree to review our website, including the Agreement, periodically to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or regular mail as per the Notice clause of this Agreement. Notice of your termination will be effective on receipt and processing by us. You agree that, by continuing to use the Services following notice of any revision to this Agreement or change in Service(s), you abide by any such revisions or changes. You further agree that we, in our sole discretion, may modify our Domain Name Dispute Policy at any time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.

  1. Modification to your Account

In order to change any of your account information with us, you must use your CRN ID (that you were assigned when you opened your account with us) and password (that you use to login to your panel). Please safeguard your Account Identifier i.e. the CRN ID and password from any unauthorized use. In no event we will be liable for the unauthorized use or misuse of your CRN ID or password. However, processing of any transaction relating to your domain may require certain modifications for which purposes you authorize us to modify your domain details for processing your requested transaction on your behalf. Such modification to your domain details will be restored back within 30 (thirty) days from the date when the requested transaction has been successfully executed.

  1. Domain Name Dispute Policy

If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by ICANN Domain Name Dispute Policy (“Dispute Policy”) which is incorporated herein and made a part of this Agreement by this reference. Please take the time to familiarize yourself with the dispute policy. ICANN reserve the right to modify the dispute policy and the moment modified dispute policy is put in our web site, the modified dispute policy is applicable.

  1. Domain Name Disputes

You agree that, if the registration or reservation or transfer of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will fully indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.

  1. Domain Name Renewals and Deletion Policy
  • If you fail to renew your domain name, the domain names under Vodafone Uganda will nonetheless be renewed automatically by _____ (Internet domain registrar) for a period of one (1) Year. After auto renewal of your domain name by _____ (Internet domain registrar) you will have a Renewal Grace Period of 38 (thirty-eight) days during which you may reimburse _____ (Internet domain registrar) its renewal fee and keep your domain name. A domain under Renewal Grace Period shall on expiry of 21 (twenty-one) days be put on HOLD (i.e. domain gets disabled and all Services like hosting/mailing get stopped). If you do not reimburse _____ (Internet domain registrar) such renewal charges during the Renewal Grace Period, your domain with HOLD status will be flagged for deletion on the 38th day, after which you will have a 30-day redemption period during which you may pay _____ (Internet domain registrar) a redemption fee and renewal charges and redeem your domain name from the Registry. If you still don’t redeem your domain name, the Registry will release your name and it will become available for registration on a first-come-first-served basis.
  • Renewal Grace Periods and Redemption Periods vary for different ccTLDs. Please refer to the specific terms for the applicable ccTLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.
  1. Agents

You agree that, if an agent for you (i.e., web designing company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

  1. Announcements

We reserve the right to display/distribute any search results and/or advertising result in Pop-up, Pop-under, exit widows, expanding buttons or animations to you that is pertinent to the quality or operation of our Services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your search on the Internet.

  1. Limitation of Liability
  • You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). Our contractors and we shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your CRN ID or password; (5) loss or liability resulting from errors, omissions, or mis-statements in any and all information or Services(s) provided under this Agreement; (6) loss or liability resulting from the development or interruption of your website or email service.
  • The registrant agrees that we will not be liable for any loss of registration and use of registrant’s domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event our maximum liability shall exceed the amount of fees paid by you for the Service/s contracted for by you.
  1. Indemnity

You agree to release, fully indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney’s fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the e-mail Service with your computer, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policy relating to the Service(s) provided. You also agree to release, fully indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with lawsuit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.

  1. Inaccurate or Unreliable Data

You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up-to-date. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to the registry operator, or any failure to respond for over 5 (five) calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by the registry operator concerning an identified or identifiable natural person (“Personal Data”) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.

  1. Right of Revocation

The registrant agrees that registrar may delete a registrant’s domain name if any information required to be supplied by the registrant under this Registration Agreement, or subsequent modification(s) thereto, is false or misleading, or conceals or omits any information that registrar would likely consider material to its decision to approve this Registration Agreement. The registrant further agrees that registrar may deny, cancel, suspend or revoke the registration of registrant’s domain name, or, suspend the delegation of registrant’s domain name, if it is reasonably determined by registrar in its sole discretion, that registrant or any other person uses or perceived to use the domain name in connection with: a) any activity that infringes the intellectual property rights or other rights of third parties; b) any activity that defames or disparages any person; or c) any illegal activity including but not limited to, pornography and/or nudity of any kind, adult pornography, anime, child pornography, “adult content” and/or the written word of a sexual nature; or d) any otherwise illegal or fraudulent activity

  1. Breach

You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within five (5) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name or terminate your e-mail account without further notice. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you

  1. No Guarantee

You agree that, by registration or reservation or transfer of your chosen domain name, such registration or reservation or transfer does not confer immunity from objection either to registration, reservation, transfer or use of the domain name. The allotment of Order ID number and payment by you for your requested Domain Name does not ensure that your requested Domain name is registered. Your domain name is guaranteed as registered only when you receive a confirmation mail from us, confirming registration of your domain name.

  1. Disclaimer of Warranties

You agree and warrant that the information that you provide to us to register or reserve your domain name or register for other Services is accurate and complete, and that any future changes to this information will be provided immediately. You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through our e-mail service or that defects in the Services software will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service and our e-mail service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the e-mail service or any transactions entered into through the e-mail service. No advice or information, whether oral or written, obtained by you from us or through the e-mail service shall create any warranty not expressly made herein.

 

  1. Right of Refusal

We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Services within such thirty (30) calendar days period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or register you for other Services.

  1. Severability

You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.

  1. Non-Agency

Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.

  1. Headings

Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this Agreement.

  1. Notice

You agree that, unless other instructions are posted on the Vodafone Uganda website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. For Vodafone Uganda, mail shall be sent to: –

Vodafone Uganda

Plot 1, Hill Drive, Kololo

P.O. Box 1015

KAMPALA

Email: _____

  1. Non-Waiver

Our failure to require performance by the registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself or a subsequent breach.

  1. Entirety

You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.

  1. Governing Law

This Agreement shall be governed and construed in accordance with the laws of the Republic of Uganda. Both parties agree to submit to the jurisdiction of the Courts of Uganda.

  1. Infancy

You attest that you are of legal age to enter into this Agreement. 

  1. Acceptance of Agreement

YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

WEBSITE HOSTING: 

  1. Agreement

In this Agreement “you” and “your” refer to each customer, “we”, “us”, “our” and the “Company” refer to Vodafone Uganda, and “Services” refers to the web hosting service provided by us. This Agreement explains our obligation to you and explains your obligation to us for web hosting service. By using the Services under this Agreement, you acknowledge that you have read and that you agree to be bound by all the terms and conditions of this Agreement and any pertinent rules or policies that are or may be published on our website (www.vodafone.co.ug) or mailed by us.

  1. Services

‘Vodafone Uganda has agreed to provide web hosting services to you on receipt of fee as applicable on the date of applying for the Service, renewal, etc.

  1. Fees and Payment
  • As consideration for the Services you have selected, you agree to pay us the applicable Service(s) fees.
  • All fees payable hereunder are non-refundable unless we provide otherwise.
  • As further consideration for the Services, you agree to: (1) provide current, complete and accurate information about you, as required by the registration process; and (2) maintain and update this information, as needed, to keep it current, complete and accurate.
  • All such information shall be referred to as account information (“Account Information”). You hereby grant us the right to disclose to third parties such Account Information.
  • The registrant, by completing and submitting the Web Hosting Agreement (“Agreement”), represents that the statements in its application are true and so far as the registrant is aware, does not interfere with or infringe upon the rights of any third party. The registrant also represents that the web hosting is not done for any unlawful purpose.
  • All payments are to be made in favour of Afrimax Uganda Limited. The payments are required to be paid in advance otherwise Vodafone Uganda would not proceed with provision of Services. In case payment is made by credit card, then the registrant is required to send at the sole discretion of Vodafone Uganda, where it deems fit, a duly signed Confirmation Letter through courier/registered post.
  • Your requested space for web hosting will not be booked on our server unless we receive actual payment of the registration or renewal fees.
  • In the event of a charge back by a credit card company or dishonor of cheque/demand draft in connection with your payment of the registration or renewal fee, you acknowledge and agree that Vodafone Uganda can stop providing the Services unless it receives the due payment along with the administrative charges. We will reinstate the Service solely at our discretion, and subject to our receipt of the applicable registration, renewal or transfer fee.
  • We will try to notify you thirty (30) days prior to when a renewal fee is due. For the avoidance of doubt, we owe you no responsibility if we fail to notify you prior to due date. You are requested to make the payment as and when due and further requested not to rely on our mail for reminding you to make the payment. Should a renewal fee go unpaid within the time specified regarding renewal, the Service will be cancelled. Payment must be made by cheque/demand draft/credit card or such other method as we may indicate in the registration application or renewal form. We will renew/reactivate the Service for the term specified provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew the Service, we will contact you to update this information and charge you accordingly. In case the requisite payment is not received since it is due, then we can stop providing Services to you and the stoppage of Service due to non-payment or any other reason attributable to you cannot be held as intent to cause wrongful loss or damage to the public or any person and neither can it be constructed to diminish the value or utility or affect you injuriously. Discontinuance of Service by Vodafone Uganda due to non-payment of dues or any other reason attributable to you does not amount to Hacking.
  1. Term and Termination
  • The term of this Agreement shall begin on the date of signing of this Agreement and shall continue in effect till the final delivery of the Service.
  • You can terminate the Services by giving a prior 30 (thirty) days’ prior written notice.
  • In case of termination of this Agreement initiated by you, you shall pay all charges for the Service till the expiry date of the running term and other incidental expenses incurred by us.
  • Vodafone Uganda may with immediate effect terminate the Services if insolvency proceedings are commenced against you or if you breach any provision of this Agreement and fail to remedy the breach within 7 (seven) days of being asked by Vodafone Uganda to remedy the breach. Vodafone Uganda also reserves the right to terminate the Services if it is determined by Vodafone Uganda, in its sole discretion, that you are pursuing or can reasonably be perceived to be pursuing any illegal activity and/or if at any time your hosted website has or can reasonably be perceived to be having pornography and/or nudity of any kind, including but not limited to, adult pornography, anime, child pornography, adult content and/or text of a sexual nature.
  1. Client Covenants
  • We cannot check to see whether the website hosted by you on our server infringes legal rights of others. We urge you to investigate and ensure that the website hosted by you does not infringe the legal right of others.
  • During the period that Vodafone Uganda provides the web hosting services, you shall not distribute on the website any content that: (1) infringes on the intellectual property rights of any third party or any rights of publicity or privacy, (2) violates any law, statute, ordinance or regulation, (3) is defamatory, trade libelous, unlawfully threatening or unlawfully harassing, (4) is obscene, pornographic or indecent, (e) contains viruses or other computer programming routines that are intended to damage or detrimentally interfere with any system, data or personal information, or (f) is SPAM or other unsolicited messages or communication in any form. If we receive any complaint from any third party that they have received unsolicited communication, then we shall terminate the Services immediately, without giving any notice. If the Service is terminated due to SPAMMING, then we shall not be liable for any damages neither shall we refund any amount received towards Service fee.
  • Vodafone Uganda shall terminate the Services immediately without assigning any reason if you breach any of the covenants stated in this Clause.
  1. Indemnity

You shall fully indemnify, defend and hold us harmless against all third-party claims, actions, suits or proceedings alleging any breach of your covenants as stated in clause 5 above or in this Agreement, or arising from errors or inaccuracies in the content on your website. You shall fully indemnify us, our officers, directors, employees, agents or affiliates for all losses, damages, liabilities and all reasonable expenses and costs incurred as a result of a judgement entered against us in any such claim, action, suit or proceeding. We can stop providing the Services to you on received a complaint by a third party regarding a violation of any of your covenants stated clause 5 above and in this Agreement.

  1. Confidential Information

Information considered proprietary or confidential by either us or you which is delivered or disclosed pursuant to or in connection with this Agreement and identified as such by the disclosing party (“Confidential Information”) shall be used solely for the purposes of this Agreement and shall not be otherwise disclosed without the prior written consent of the disclosing party. Confidential information will be kept in confidence and protected from disclosure to unauthorized persons to the same extent the receiving party protects its own confidential information, but in no event shall be liable for the disclosure or use of proprietary information which is publicly known, other than by breach hereof; is obtained without restriction by the recipient on a non-confidential basis from a third party lawfully possessing and lawfully entitled to disclose such information; is previously known by the recipient; is at any time, developed by recipient independently of any disclosures hereunder; or, is required to be disclosed by a governmental entity having jurisdiction over the recipient. If either party is required to disclose any proprietary information of the other party, it shall provide notice thereof to the other party in a timely fashion so that the other party may avail itself of any procedures or remedies to protect or avoid such disclosure.

  1. Limitation of Liability
  • Notwithstanding anything contained herein to the contrary, Vodafone Uganda shall not be liable to you or any third party for any delay or default in performing its obligations hereunder occasioned by force majeure events which include but are not limited to wars or insurrections, riots, strikes, work stoppages, labour troubles, acts of governments, fire, explosions, earthquake, flood, embargoes and/or inability to obtain materials, acts of god, electricity failure, telephone disruption, policy change by Government of Uganda or other cause outside the reasonable control of Vodafone Uganda. Vodafone Uganda and its officers, directors or employees shall not be liable in any event for loss of anticipated profits, loss by reason of shutdown, or interruption of Service or other consequential loss or damage of any nature arising from any cause whatsoever even if Vodafone Uganda has been advised of the possibility of such damages.
  • Under no circumstances will the aggregate liability of ‘Vodafone Uganda exceed the total fee received from you under this Agreement.
  1. Outsourcing

You hereby agree not to circumvent and engage any other independent contractor for rendering the Services similar to that agreed herein during the engagement period.

  1. Non-Solicitation

You shall not hire or contract any of our employees for a period of two (2) years following the termination or cancellation of this Agreement. You cannot hire or contract any of our employees during the period of this Agreement.

  1. General
  • Domain Name: if you wish us to register a domain name for your website, we shall on the terms and conditions in A. above.
  • Termination of the web hosting services: in addition to the other provisions herein on termination, we can terminate the Services if it is found that you are utilizing more than the sanctioned space.

Upon termination of the Services and/or this Agreement, we shall: (1) replace the home page of the website with a standard error message at no charge to you, (2) on your request, provide a forwarding address on the website at a fee which shall be payable in advance, and (3) on your request, provide you one copy of the website in object code format at a fee which shall be payable in advance.

If upon cancellation of the Services and/or termination of this Agreement you notify us that you wish to transfer the hosting of the website to another company, we shall promptly comply with the transfer request from the other company if at the time you are not delinquent with respect to any amount payable under this Agreement. Upon payment to us of the delinquent amounts, if any, we shall promptly comply with the request.

  • Modification: we, in our sole discretion, may modify the Service as provided. We, at the time of renewal, can, in our sole discretion, withdraw, reduce or continue with any additional services offered to you previously.
  1. Agents

You agree that, if an agent for you (i.e., web designing company, employee, etc.) purchased our Services on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy.

  1. Announcements

We reserve the right to distribute information to you that is pertinent to the quality or operation of our Services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the internet.

  1. Backups and Data Loss

Your use of the Service is at your sole risk. Our backup service runs once a month, overwrites any of our previous backups made, and only one (1) month of backups are kept. The backup service is provided to you as a courtesy. We are 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 our servers.

  1. Log Maintenance

You must maintain all logs generated by the Service. You must fully cooperate with law enforcement in the investigation of suspected violations, criminal investigations of violations of systems or network security at other sites including providing users information. You shall be fully responsible for the consequences of and agree to fully indemnify and hold us harmless for non-maintenance of logs.

  1. Disclaimer of Warranties

THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS. WE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS.

  1. Governing Law

This Agreement will be governed and construed in accordance with the laws of the Republic of Uganda. Both parties agree to submit to jurisdiction to the Courts of Uganda.

  1. Severability and Waiver

If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The parties agree to replace any invalid provision with a valid provision that most closely approximates the intent and economic effect of the invalid provision. The waiver of either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach.

  1. Headings

Headings used in this Agreement are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such clause or in any way affect this Agreement.

  1. Assignment

The parties’ rights and obligations will bind and inure to the benefit of their respective successors and assignees.

  1. independent contractors

The parties to this Agreement are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Neither party shall have power to obligate or bind the other party. Personnel supplied by Vodafone Uganda shall work exclusively for Vodafone Uganda and shall not, for any purpose, be considered employees or agents of yours’. Vodafone Uganda assumes full responsibility for the acts of such personnel while performing services hereunder and shall be solely responsible for their supervision, direction and control, compensation, benefits and taxes.

  1. Notice

You agree that, unless other instructions are posted on the Vodafone Uganda website, any notices required to be given under this Agreement will be deemed to have been given if delivered by email or fax, or sent by certified mail, return receipt requested, or other recognized overnight delivery service to each of the parties in accordance with the most current contact information you have provided to us. All notices shall be effective upon receipt, except that email and fax notices shall be effective upon transmission. For Vodafone Uganda, mail shall be sent to: –

Vodafone Uganda

Plot 1, Hill Drive, Kololo

P.O. Box 1015

KAMPALA

Email: _____

  1. Entire Agreement

This Agreement sets forth the entire understanding and Agreement of the parties and supersede any and all oral or written Agreements or understandings between the parties as to the subject matter of this Agreement. It can be changed only by a writing signed by both parties. Neither parties is relying upon any warranties, representations, assurances or inducements not expressly set forth herein.

  1. Infancy

You attest that you are of legal age to enter into this Agreement.

  1. Acceptance of Agreement

You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of participating in the affiliate network and are not relying on any representation, guarantee or Statement other than as set forth in this Agreement.



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