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Speedlynk Technologies

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Casa Moko Plaza, Nairobi Kenya

+254708680188 / +254716286452

support@speedlynk.co.ke

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Terms & Conditions

GENERAL TERMS AND CONDITIONS

These General Terms and Conditions contain the general terms and conditions applicable to all Services; the specific Product Terms and Conditions containing the additional terms for the particular Hosting Services you are buying; the Acceptable Use Policy; and The Agreement is effective as of the date of the email sent to you by Speedlynk Technologies expressly confirming acceptance of your order or the date you accept these terms and conditions.

DEFINED TERMS

Some words used in the Agreement have particular meanings:

  • “Acceptable Use Policy” or “AUP” means the Speedlynk Technologies Acceptable Use Policy.
  • “Affiliate” means a subsidiary or holding company of either party to this Agreement and any subsidiary of such holding company.
  • “Business Day” or “Business Hours” means 8:00 a.m. – 5:00 p.m. Monday through Friday, excluding public holidays in Kenya.
  • “Confidential Information” means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including:
  • (i) For you, all information transmitted to or from, or stored on, your Hosted System.
  • (ii) For both of us, information that is marked or otherwise conspicuously designated as confidential. Information that is independently developed by one of us, without reference to the other’s Confidential Information, or that becomes available to one of us other than through breach of the Agreement or applicable law, shall not be “Confidential Information” of the other party.
  • “Country Specific Terms” means the addendum or addenda that may be incorporated into your Hosting Services Agreement if a portion of your Services are to be provided from a non-Kenyan jurisdiction for which we have special legal terms.
  • “Hosted System” means a combination of hardware, software, and networking elements that comprise an information technology system. Depending on the Services you are buying, the Hosted System may consist of a dedicated system for your use only, or the right to use certain parts of a shared system that Speedlynk Technologies maintains for many customers, or a combination of some dedicated elements and some shared elements.
  • “Hosting Services” means:
  • (i) Speedlynk Technologies provision for your use of the Hosted System described in the Services Description, and
  • (ii) Support.
  • “Product Terms and Conditions” means the terms and conditions for the particular Hosting Services you are buying.
  • “Services Description” means a written description of the Hosted System and/or Supplementary Services you are buying from Speedlynk Technologies, and related fees, that is incorporated by reference in the Agreement, including any “plan” or other name given to a Services description that you submit to Speedlynk Technologies as part of an online order process.
  • “Service Level Guarantee(s)” means:
  • (i) A guarantee or guarantees identified as a “Service Level Guarantee” or “Service Level Guarantees” in the applicable Product Terms and Conditions, or
  • (ii) Any provision which provides a specified credit or financial remedy for an identified failure to deliver or provide the Services.
  • “Services” means Hosting Services and Supplementary Services, collectively.
  • “Supplementary Services” means those Services you purchase from Speedlynk Technologies other than the Hosting Services, including time and materials-based professional or consulting services (such as database administration or “DBA” services), one-time or non-recurring services which are not part of the existing Support (such as support for the application that you operate on your Hosted System), and any other services identified as “Supplementary Services” on the applicable Services Description.
  • “Support” has the meaning stated in the applicable Product Terms and Conditions.

Domain Name Registration

Speedlynk Technologies offers domain name registration and renewal services in partnership with ICANN-accredited registrars. Speedlynk Technologies processes registration and renewal services through these respective registrars at its discretion.

  • Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term.
  • All domain name registrations will renew at the regular renewal rate.
  • Domain names that have opted into the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry.
  • You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the Automatic Domain Renewal service via the Client Area.
  • If your hosting plan includes a free domain name, Speedlynk Technologies may automatically renew your domain name for you upon expiry as part of your hosting plan’s benefits, regardless of your Automatic Domain Renewal settings.
  • You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration or within 60 days of any successful transfer. Speedlynk Technologies is authorized to deny any such transfer requests.
  • You acknowledge and agree that Speedlynk Technologies may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized or hostile transfers of your domain name.
  • Domain transfer services are included only for active domain names that are either registered or renewed through Speedlynk Technologies at the regular rate. Clients may transfer expired domain names and domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.

Termination / Plan Change / Refund Policy

Speedlynk Technologies may terminate your Service under the following circumstances (non-exclusive list):

  • Non-payment of fees.
  • You are in breach of any term or condition of this Agreement.
  • Your use of the Service disrupts Speedlynk Technologies business operations or affects any other party.

All client data is removed from Speedlynk Technologies servers for such terminations.

  • You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. Our contact information can be found on the homepage of our website: [Your Website URL].
  • When submitting your cancellation request, you must provide the correct Client email and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed.
  • You will be responsible for any service fees that arise from your failure to cancel your account.
  • Refunds will not be given for services that are billed monthly or for one-time service fees (such as web design fees, file recovery fees, WHMCS modules, WordPress plugins, domain redemption fees, etc.).

You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:

  1. If you cancel your account within 30 days of sign-up (30-Day Money-Back Guarantee), you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
  2. If you cancel your account within 30 days of a hosting service renewal, you will, upon request, receive a full refund on the hosting fees paid on your most recent renewal.
  3. If you cancel your account within 30 days of a hosting plan change, you will, upon request, receive a full refund on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees.

If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse Speedlynk Technologies for the domain name registration when you do any of the following before your hosting plan subscription expires:

  • (i) You cancel your hosting plan subscription.
  • (ii) You change to a hosting plan or term that does not offer a free domain name.
  • (iii) You transfer the domain name to another domain registrar.

The amount of this fee will vary depending on the domain type and registration term.

  • Only one refund may be issued for each invoice.
  • Speedlynk Technologies reserves the right to grant or deny any refund requests.
  • Domain name registrations (initial or renewals) cannot be canceled and will remain in effect until the end of the registration term.

Prohibited Conduct / Acceptable Use Policy (AUP)

Speedlynk Technologies does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Client engaging in the sending of Spam through the Speedlynk Technologies network or promoting information on websites hosted by Speedlynk Technologies will be considered in breach of this Agreement and will be suspended from the Service immediately.

Your use of the Service must comply with Kenyan laws and the laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupt the normal use of the Service through, but not limited to:

  • Spawning multiple processes.
  • Consuming excessive amounts of memory, CPU, or bandwidth capacity.

The following is a non-exclusive list of prohibited content and behavior:

a) Content that has or contains links to: nudity, pornography, adult content, materials with sex or foul language.
b) Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy-related information, whether for educational purposes or not.
c) Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam.
d) Content that is grossly offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity, or any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
e) Content or otherwise that exploits children under 18 years of age.
f) Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
g) Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
h) Content that promotes mail fraud, multi-level marketing (pyramid) schemes, or other illegal or fraudulent activities.
i) Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
j) Reverse engineering, reverse compiling, or otherwise deriving the underlying source code or structure or sequence of any Speedlynk Technologies service, solution, or technology.
k) Reverse engineering, reverse compiling, or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).

Customer Requested Cancellation

  • Customer agrees to notify us of a request to cancel at least 15 days prior to the next bill date.
  • When canceling two (2) or more dedicated servers within any given 30-day period, the customer agrees to notify us at least 30 days prior to the next bill date.
  • When canceling ten (10) or more dedicated servers within any given 30-day period, the customer agrees to notify us at least 60 days prior to the next bill date.

Unacceptable Resource Usage

You may not:

  • Use 25% or more of our system resources for longer than 90 seconds at a time. Activities that could cause this excessive use include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
  • Run stand-alone, unattended server-side processes at any point in time on the server (including IRCD daemons).
  • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
  • Run any software that interfaces with an IRC (Internet Relay Chat) network.
  • Run any BitTorrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
  • Participate in any file-sharing/peer-to-peer activities.
  • Run any gaming servers (e.g., Counter-Strike, Half-Life, Battlefield 1942, etc.).
  • Run cron entries with intervals of less than 15 minutes.
  • Run any MySQL queries longer than 15 seconds. (MySQL tables should be indexed appropriately.)
  • Exceed the following inode (file usage) limits:
  • Starter or Hosting Only packages: 250,000 inodes.
  • Standard Hosting Package: 500,000 inodes.
  • Executive Hosting Package: 800,000 inodes.
  • Reseller accounts: 250,000 inodes per cPanel account.

Reservation of Rights

Speedlynk Technologies reserves the right and sole discretion to:

  • Censor any website hosted on its servers that is deemed inappropriate.
  • Review any account for excessive space or bandwidth utilization and suspend service to those accounts that have exceeded allowed levels.
  • Terminate any account for:
  • Non-payment of fees.
  • Providing fraudulent account or payment information. (An account shall be terminated after 30 days of non-payment.)
  • If the contents of its website result in legal action or threatened legal action against Speedlynk Technologies or its affiliates.
  • Unsolicited commercial emailing (Spam), illegal access to other computers or networks (hacking), distribution of Internet viruses, or any activities that Speedlynk Technologies determines to be harmful to its other customers, operations, or reputation.
  • Suspend the Service at any time for any duration when necessary, without penalty or liability.

Customer Abuse

  • We have zero tolerance for abusive language or behavior towards our company, services, or employees.
  • Any customer deemed abusive at our sole discretion will result in immediate irrevocable account termination without refund.
  • Posting negative feedback on any public forum about our company or employees before submitting a support ticket will result in immediate account termination without refund.
  • We respect all clients and strive for satisfaction. If you are unhappy, discuss the issue with our support team first.

Refunds

  • We offer a 30-day money-back guarantee for hosting services only.
  • If a hosting service included a free domain name, the domain registration cost will be deducted from the refund (except for .co.ke domains, which are fully refundable).
  • Domain name registrations (initial or renewals) are non-refundable, except for .co.ke domains (refundable within 28 days).
  • Refunds are processed on Fridays. Requests made on a Friday will be processed the following Friday.

Backups

  • We maintain frequent backups for shared hosting but do not guarantee their availability.
  • It is the customer’s responsibility to maintain their own backups.
  • No backups are provided for VPS packages (root access allows self-management, but backup services can be arranged for an additional fee).

.KE Domain Registration Promotion

  • From 1st October 2024 to 31st December 2024, .ke domains are offered at KSh 500 (exclusive of VAT).
  • Domains registered under this promotion cannot be transferred out within the first 90 days.
  • Any transfer request within 90 days requires payment of the difference (KSh 900 – KSh 500 = KSh 400).
  • KENIC-accredited registrars are excluded from this promotion. Violations will result in immediate domain deletion without refund.

Free Transfers

  • We offer free website transfers from your former host upon providing working credentials.
  • Transfers are a courtesy service and are not guaranteed to be 100% efficient.
  • The customer is responsible for verifying the completeness of the transfer.

Free Domains

  • Some packages include a free domain name.
  • The domain must be ordered at the same time as the hosting package.
  • If forgotten, a support request must be raised within 24 hours to claim the free domain.

Prices

  • Prices are subject to change based on market conditions.
  • Updated prices will be reflected on our website.

Indemnification

  • Customer agrees to indemnify and hold Speedlynk Technologies harmless from any liabilities, losses, or claims arising from:
  • (1) Injury caused by products sold via our Services.
  • (2) Material infringing on third-party rights.
  • (3) Copyright, trademark, or intellectual property violations.

Disclaimer

SPEEDLYNK TECHNOLOGIES WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. WE MAKE NO WARRANTIES, EXPRESSED OR IMPLIED, FOR SERVICES WE PROVIDE. WE DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA FROM DELAYS, NON-DELIVERIES, FAILED BACKUPS, HARDWARE FAILURES, OR SERVICE INTERRUPTIONS. SPEEDLYNK TECHNOLOGIES RESERVES THE RIGHT TO UPDATE THESE POLICIES WITHOUT NOTICE. FAILURE TO COMPLY MAY RESULT IN ACCOUNT DEACTIVATION OR TERMINATION.

Customers providing Internet services to others must comply with all applicable privacy laws. Violations will breach this policy. Customers indemnify Speedlynk Technologies for any legal violations resulting in loss.