Terms of Service

These Terms of Service (the “Agreement”) are an agreement between FellaHost Company Limited (“FellaHost” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by  and of the fellahost.com website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

Account Eligibility

By registering for or using the Services, you represent and warrant that:

• You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

• If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

Account Security and FellaHost Infrastructure Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure and up to date. Make sure permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible.

Billing and Payment Information
Prepayment It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Autorenewal Unless otherwise provided, you agree that until and unless you notify FellaHost of your desire to cancel the Services, you will be billed automatically as per your invoice on subscribed pckage or service's.

Refund Eligibility.
There will be no refund if client loses interest or cancel the hosting plan by any reason. We will only issue refund if we failed to bring client service online within 72 hours for the reason that is caused by FellaHost AND that was not communicated with client prior downtime. 

There will be no refund if client loses interest or cancel the hosting plan by any reason. We will only issue refund if we failed to bring client service online within 72 hours for the reason that is caused by FellaHost AND that was not communicated with client prior downtime.

There will be no refund if client loses interest or cancel the hosting plan by any reason. We will only issue refund if we failed to bring client service online within 72 hours for the reason that is caused by FellaHost AND that was not communicated with client prior downtime.

There are completely no refunds on administrative fees, SSL Certificate, domain names and install fees for custom software.

Non-refundable Products and Services.

Renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify FellaHost’s Billing department to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final. Foreign Currencies. Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Tanzania Shillings and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and FellaHost is not responsible for any change in exchange rates between the time of payment and the time of refund. Termination FellaHost may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm FellaHost or others or cause FellaHost or others to incur liability, as determined by FellaHost in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, FellaHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, FellaHost may charge you for all fees due for the Services for the remaining portion of the then current term.

Domains
Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify FellaHost’s Billing department to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Foreign Currencies
Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Tanzania Shillings and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and FellaHost is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination
FellaHost may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm FellaHost or others or cause FellaHost or others to incur liability, as determined by FellaHost in our sole discretion; or (iv) as otherwise specified in this Agreement.

Permitted CPU and Disk Usage
All use of hosting space provided by FellaHost is subject to the terms of this Agreement and the Acceptable Use Policy.

Bandwidth Usage
Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.

Uptime Guarantee
If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account.

Price Change
FellaHost reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days’ notice before charging you with any price change on any annual or longer-term plans.

Coupons
Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified.

Limitation of Liability
IN NO EVENT WILL FELLAHOST COMPANY LIMITED ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, FELLAHOST COMPANY LIMITED’S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO FELLAHOST COMPANY LIMITED FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

Indemnification
You agree to indemnify, defend and hold harmless FellaHost, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Arbitration
By using the Services, you hereby submit to the exclusive jurisdiction of the Tanzania Arbitration Association (“TAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by FellaHost and will be held at the TAA location chosen by FellaHost.

Independent Contractor
FellaHost and User are independent contractors and nothing contained in this Agreement places FellaHost and User in the relationship of principal and agent, partners or joint venturers.

Governing Law; Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the United Republic of Tanzania.

Disclaimer
FellaHost shall not be responsible for any damages your business may suffer. FellaHost makes no warranties of any kind, expressed or implied for the Services.

Backups and Data Loss
Your use of the Services is at your sole risk free. FellaHost’s backup service runs every day as incremental and general backup once week or month depending on current server load and overwrites any of our previous backups.

Disk Space and Backup
Any shared account using more than 20 gigs of disk space will be removed from our off-site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

Limited Warranty
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, FELLAHOST COMPANY LIMITED AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER.

Disclosure to Law Enforcement
FellaHost may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

Entire Agreement
This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Changes to the Agreement or the Services
FellaHost may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will email all active users.

Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

Waiver
No failure or delay by you or FellaHost to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy

Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of FellaHost.

Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party’s reasonable control.

Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.