Terms and Conditions

These are the Terms and Conditions of service from Webzim.co.zw for the supply of its Hosting Service (“the service”).Hosting services may also be provided by a company associated with WebZim.co.zw. These terms and conditions apply to you (“Client”) as a user of the service. It is intended to ensure that you know your rights and obligations when using the service.

Please read these terms and conditions carefully. It is a condition of your use of the service that you comply with these terms and conditions.

From time to time, we may make amendments to the terms and conditions. Clients may not be notified of changes.

1. Agreement

Your agreement with WebZim commences from the time that your service is added to the servers and/or network and is specified as the commencement date on your first invoice and continues until either party terminates the agreement.

Upon termination or expiry of this agreement, we may delete all of your data from any of our web hosting servers.

We will provide you with a username and password which will provide access to your WebZim web site and utilities.

Client will keep secure any and all passwords used to upload and change data.

You will be charged for your hosting services in accordance to the current price list.

2. Maintenance

From time to time, we must perform scheduled maintenance to our servers. We will attempt to perform all scheduled maintenance at times which will affect the least amount of customers. If scheduled maintenance requires the service to be offline for more than 30 minutes, 48 hours notice will be given to the contact email address nominated by the client as being the primary point of contact.

Unscheduled maintenance may need to be performed. If unscheduled maintenance leaves our service offline for more than 1 hour, we will publish details of the event on our website forum after the maintenance has been completed.

3. Data Backup and Allocation

At all times, you are responsible for maintaining a functional backup of your website and data. As the website owner, your data is your property and it is your responsibility to protect your property. We recommend keeping backups in multiple locations (ie USB drive at the office and one at home).

We will also backup your data on a regular basis for the strict purposes of disaster recovery. In the event of equipment failure or data corruption, we will restore from the last known good archive. In the event of corruption of all our archives, or in the event that an old archive is used to restore the data, you should be prepared to upload your most recent data to your web hosting. This process requires that you maintain a recent copy of your data at your premises at all times.

You must not upload more data than the allocated disk space for your chosen hosting plan. Any disk space violation will result in your account being disabled until the issue is resolved.

4. Charges and Fees

You may pay for the service as agreed. In particular, you must pay hosting charges, domain name charges and any charges for additional services incurred.

WebZim may from time to time and without notice suspend the Service if the Client fails to comply with any part of the agreement including failure to pay charges due until the breach is remedied.

Payment must be made by the due date to avoid the suspension of your account. If no payment is received, your account will be suspended after the official due date.

If the service is suspended, payment must be made for all arrears for the service to be activated again. These arrears include the charges for the time when the service was suspended.

If no payment is made within the next 30 days after the official due date, we reserve the right to permanently terminate your account and format/delete all data held.

5. Services

WebZim’s role is to manage and maintain web hosting server hardware and operating system software. ‘Website Development’ services such as adding, removing or modifying Client website files and related software is not the responsibility of WebZim, nor do we offer web development services.

We do not warrant that the Services provided under this agreement will be uninterrupted or error free or that the Services will meet your requirements, other than as set out in this agreement.
All services and servers are provided “as is”. In cases where additional 3rd party software/scripts are installed on the server at the request of a client, WebZim will not be held liable for the stability and reliability of that installed software component.

WebZim operates multiple shared hosting servers providing SME web hosting services. Each of these servers supports several hundred individual customers. WebZim is responsible for the security of the server operating system and certain shared software products. Customers are responsible for the security of their own application/website code and software packages they choose to load onto the servers to support their own websites.

WebZim uses multiple datacentres to provide network infrastructure and server hardware leases. We are not responsible for the datacentre’s network, equipment or server hardware.

6. Termination of Account

In the event that any amount due to Webzim remains unpaid 30 days after such payment is due, WebZim, in its sole discretion, may immediately terminate the hosting account of the client and format/delete all data held.

WebZim reserves the right to terminate your account at any time without a refund. Reasons for termination include (but are not limited to):

Committing or Promoting any type of illegal activity including fraud, mailbombing, denial of service attacks, storing and/or housing and/or linking to illegal content, including but not limited to, “warez”, “hacking”/”cracking”/”key generators”.
The Services to traffic in illegal drugs and/or obscene materials.
The Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party.
Additionally, WebZim reserves the right to terminate your account if at any time your site has pornography and/or nudity of any kind, including but not limited to, adult pornography, Anime, child pornography, “adult content” and/or the written word of a sexual nature.
Attempts to circumvent any of our security policies, procedures or systems.
We may suspend your hosting account immediately upon breach by you of any of the terms and conditions herein, including, without limitation, late or non-payment of monies due.

7. Deletion of Domains

All domains should be renewed after 1 year. In the event that any amount due to Webzim remains unpaid by the renewal date, the domain will be deleted.

All domains registered with us should have nameservers which are authoritative and are configured correctly. If the nameservers are misconfigured or not authoritative, ZISPA will send warning to the email address of the domain owner, warning the domain owner to rectify the issue. If the issue is not rectified after 7 days, the domain will be deleted. Under such cases, if you wish to use the domain again, you will have to make a new payment and we will re-register the domain.

8. Liability

WebZim’s liability for any breach of the term will be limited to the re-supply of the Services.

WebZim or parent business is not liable to you or any other person for any cost, loss or liability including loss of profit, loss of data, loss of emails, marketing expense or other consequential damage arising from our supply or failure or delay in supplying the Service.

Client warrants that at the time of entering into this agreement, the Client is not relying on any representation made by us which has not been stated in this agreement, or any other formal quotation document.

Client accepts responsibility for all information and material published through the web hosting service. Client will not publish information which is illegal. WebZim does not host “Adult Content” sites.

Client is responsible for dealing with persons who access the Client data, and must not refer complaints or inquiries in relation to such data to WebZim.

Client will not violate copyright or other intellectual property rights. Client will not download, reverse engineer, change, pass on, or sell any software residing on the WebZim servers that is not the property of the Client.

9. Unreasonable Activity

Email sent through the WebZim Email Server will not promote illegal activities, or pornography. Spam or any annoying, unsolicited messages are not to be sent through the WebZim Network.

WebZim reserves the right to immediately remove any account containing/transferring content deemed to be illegal or deceptive. WebZim reserves the right to immediately remove any account containing/transferring viruses and other malicious files.

WebZim reserves the right to immediately disable and/or subsequently remove Client websites that are the target of DDoS, hacking or any other sort of malicious attack that significantly degrades server performance.

The Client is responsible for maintaining their website and related software. Clients with excessive or unreasonable requests to our technical support channels relating to issues outside of WebZim’s role to manage server hardware and operating systems, may be issued a Notice of Intent to Cancel. In this case, compensation is limited to a pro rata refund when no other discounts have been applied.

10. General

These terms and conditions constitute the entire agreement and supersedes all prior agreements. This agreement is governed by the laws of Zimbabwe.

WebZim is not responsible for the content of user originated traffic. We exercise no direct supervision or control whatsoever over the content of the information passing through our network.

We do not assume any responsibility for any information not sent or authorised by us. WebZim does not provide any consulting services and does not advise Client on any aspect of conducting an Internet business or web site.

Client is responsible for use of Clients account. If you permit others to use our service, you are responsible for making users of the Service aware of this policy and obtaining compliance.

It is Client’s responsibility to use our service and services in a manner which does not violate any applicable laws or regulations. Client may not use the Service to interfere with or disrupt any network users, services or equipment.

INDEMNIFICATION

YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD THE PRIMARY SERVICE PROVIDER AND BACKEND SERVICE PROVIDER, THEIR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEY’S FEES AND COURT COSTS, FOR THIRD PARTY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT BY YOU OR SOMEONE ELSE USING YOUR COMPUTER, OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. WHEN EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY BE INVOLVED IN A SUIT INVOLVING A THIRD PARTY AND WHICH IS RELATED TO THE SERVICES UNDER THIS AGREEMENT, EITHER THE PRIMARY SERVICE PROVIDER AND/OR BACKEND SERVICE PROVIDER MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD SUCH PARTIES HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.

You agree that the Backend Service Provider shall not be liable for the actions, inactions, negligence, or intentional misconduct of the Primary Service Provider. You acknowledge and agree that neither the Primary Service Provider nor the Backend Service Provider are agents for one another.Customer agrees that it shall defend, indemnify, save and hold us harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against us, our agents, our customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold us harmless against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with our servers; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customer from our servers.

DISCLAIMER OF WARRANTIES

NEITHER THE PRIMARY SERVICE PROVIDER NOR BACKEND SERVICE PROVIDER MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM EITHER THE PRIMARY SERVICE PROVIDER OR BACKEND SERVICE PROVIDER SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.