General Terms of Service
All services provided by Khaki Developers may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of the laws of United Republic of Tanzania is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless Khaki Developers from any claims resulting from the use of the service which damages the subscriber or any other party.
Examples of non-acceptable content or links
Khaki Developers will be the sole arbiter as to what constitutes a violation of this provision.
Unlimited Traffic/Hits & Server Resource Usage:
Khaki Developers is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allocated bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.
If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or Khaki Developers may move your site to a different server, to reduce the load on the server you are currently residing. Khaki Developers will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply depending on the clients request.
Chat Rooms:
Khaki Developers may allow programs to run continually in the background, these are considered on a one to one basis and extra charge may be incurred based on system resources used and operational maintenance needed.
IRC:
Khaki Developers currently does not allow IRC or IRC bots to be operated on our servers.
Multiple Connections:
Multiple telnet and ftp sessions are allowed, on a single hosting account.
Idle Timeouts:
Khaki Developers may disconnect any idle connection to the network.
Average timeouts are:
Commercial Advertising – Email:
Spamming, or the sending of unsolicited email, from a Khaki Developers server or using an email address that is maintained on a Khaki Developers machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. Khaki Developers will be the sole arbiter as to what constitutes a violation of this provision.
Server Abuse:
Any attempts to undermine or cause harm to a Khaki Developers server or customer of Khaki Developers is strictly prohibited. Khaki Developers will pursue legal action to the fullest extent for all abuse of the Khaki Developers Network.
Payments:
The customer acknowledges and agrees that Khaki Developers Ltd, its in sole and absolute discretion, may suspend provision of the services without any liability if the customer fails to timely remit payment for the services without prior written agreement.
Suspension/De-Activation:
If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. Khaki Developers reserves the right to remove any account without prior notice. If Khaki Developers deactivates your account(s) for violating policy, you will forfeit your rights to a refund and none will be given. No refunds for advance payments, on de-activated accounts.
Privacy Policy:
Khaki Developers respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail.
Indemnification:
The customer hereby indemnifies and agrees to hold harmless Khaki Developers and each of its officers, directors, employees, agents, and legal advisors (each an “Indemnified Person”) from and against any and all liabilities, obligations, claims, losses, damages, penalties, actions, judgments, suits, costs, expenses, or disbursements of any kind or character whatsoever (“Claims and Liabilities”), which may be imposed on, incurred by, asserted or claimed against any Indemnified Person, directly or indirectly, based on or arising out of or resulting, in whole or in part, from (i) the use of the Services; (ii) any act or omission of customer, its agents, contractors, employees or invitees; or (iii) any breach of customer’s obligations and the transactions and events at any time associated therewith.
The indemnification provided for shall survive the expiration or termination of the user of services.
Limited Liability:
Khaki Developers shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement or the Services, including but not limited to damages for lost profits, loss of use, lost of data, loss of privacy, damages to third parties even if Khaki Developers has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether on any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution.
General Service Level Agreement
Khaki Developers is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the Khaki Developers network. The Khaki Developers Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of Khaki Developers web hosting and other services.
Uptime Guarantee:
Khaki Developers strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by Khaki Developers monitoring systems or Khaki Developers authorized/contracted outside monitoring services. If Khaki Developers fails to meet it’s 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. Khaki Developers does not credit a full month’s service for minor downtime. This would not be financially healthy for Khaki Developers, and in turn would only negatively affect the service level Khaki Developers provides to you. In extreme circumstances, Khaki Developers may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.
Exceptions:
Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the Khaki Developers network caused by or associated with:
Connectivity:
Khaki Developers goal is to make the Khaki Developers network available to Client free of outages for 99.5% of the time. An “outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a Khaki Developers service failure for more than 15 consecutive minutes, excluding service failures relating to Khaki Developers scheduled maintenance and upgrades. The Khaki Developers network does not include client premises equipment or any Telco access facilities connecting Client’s premises to such infrastructure.
Measurement:
Khaki Developers will periodically (on average every 10 minutes) monitor Khaki Developers network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client’s internet connection, and that such measurements constitute measurements across the Khaki Developers network but not other networks to which Client may connect.
Hardware Failure:
Khaki Developers stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. Khaki Developers utilizes only name brand hardware of the highest quality and perfomance. Khaki Developers will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site engineers or backbone provider emergency personnel to correct the problem.
Credits:
Credit requests must be made on the Khaki Developers web site, by emailing to [email protected]. Each request in connection with network/server outages/downtime must be received by Khaki Developers within five days of the occurrence. The total amount credited to a Client for Khaki Developers not meeting SLA service levels will not exceed the service fees paid by Client Khaki Developers for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after Khaki Developers receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by Khaki Developers. Upon Client’s request (in accordance with the procedure set forth below), Khaki Developers will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to Khaki Developers and confirmed by Khaki Developers measurement reporting. Such credit will be equal to one MONTH’s worth of service.
Account cancellations:
Your account can be cancelled ONLY by submitting cancellation form available here. Other methods of cancellation are not valid. Once the form submitted account will be cancelled within 24 hours.
General:
Khaki Developers reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA , Khaki Developers makes no claims regarding the availability or performance of the Khaki Developers network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.
Domain Registration Agreements
The general terms of domain registrations, transfers or renewals are outlined below:
Other Services
All services are governed by their respective terms of service and agreements. By use of any service, the client acknowledges and agrees to those services. For avoidance of doubt, the below are some of the agreements and by no means constitutes to the only agreements in place.
In doubt, please contact us on [email protected] for clarification.
Cancellations, Refunds & Money Back Guarantee
Money-back Guarantee
Cancellations & Refunds
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that “Your request has been received….” Khaki Developers will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us.
We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared and reseller accounts will be effective on the account’s renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.