Terms of Service

DEFINED TERMS

The following words, as used in these terms and conditions, have the following meaning:

“Acceptable Use Policy” or “AUP” means the internet policies accepted by HostJaer.com

“Affiliate” means a subsidiary or holding company of HostJaer or any other company or brand related to HostJaer and its holding company.

“Business Day” or “Business Hours” is the operational timeline between 8:00 a.m. – 5:00 p.m. from Monday to Friday, apart from public holidays in Kenya.

“Confidential Information” means any information disclosed by HistJaer.com staff to the other, whether before or after this agreement takes effect, that the recipient should reasonably understand to be confidential. Examples of confidential information include:

• All information the customer has access to is stored on or by HostJaer.com.
• Information marked or conspicuously designated as confidential.
• Information that is independently developed by a member of HostJaer.com, without referring to other Confidential Information from other sources.

“Country Specific Terms” means additional instructions, terms or conditions that may be incorporated into your Web Hosting or Domain Registration Services Agreement. They should not have a direct or indirect relationship with a portion of your Services provided by a non-Kenyan company or organisation or do not have operational jurisdiction in Kenya.

“Web Hosting System” means a combination of networking hardware, software and complementary elements that comprise an information technology management system. Depending on the Services you are purchasing, the web hosting system may consist of a dedicated platform for your use only, or the right to use certain parts of a shared system that HostJaer maintains for several customers. It can also be a combination of some dedicated web hosting elements and some shared elements.

“Hosting Services” means:

(i) HostJaer web space provided for your use by the customer as explained in the Service Description, and

(ii) Product Terms and Conditions” means the operational and technical guidelines for a particular Hosting Service offered by HostJaer.

“Services Description” is a written description for any of HostJaer.com’s hosting services and/or complementary services bought from HostJaer.com. It also includes related fees and any other features quoted by this Agreement, including any “plan” or other service requested and submitted to HostJaer as part of an online order process.

“Service Level Agreement/Guarantee (SLA/G) (s)” means:

• A surety identified in the service provision which binds HostJaer and the customer within the applicable Product Terms and Conditions, or
• Any agreement that provides a specified credit or financial alternative for an identified failure to deliver/provide a specific service.

“Services” means web hosting, domain registration and Supplementary Services, collectively.

“Supplementary Services” means the services you purchase from HostJaer other than the web hosting and domain registration services. They include, but are not limited to, time and materials-based professional or consulting services (e.g. database administration or “DBA” services), one-off or non-recurring services that are not part of the main HostJaer existing products (e.g. application and other virtual support that helps operate on your web hosting system). It also applies to other services identified as “Supplementary Services” on HostJaer affiliated Services

“Support” is the help a customer gets as part of HostJaer.com’s customer service policy.

Domain Name Registration

HostJaer.com offers domain name registration and renewal services in partnership with HostPinacle accredited registrars. HostJaer.com processes domain registration and renewal services through these respective registrars at its discretion.

Promotional and customer enticement offers such as special introductory rates, promotional rates, or any other non-regular pricing methods, only apply to new customers and are only valid for the initial term. All domain name registrations will renew at the regular renewal rate.

Customers with the Automatic Domain Renewal Service (ADRS) 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 before expiry. The domain owner will be solely responsible for all renewal costs and any other additional costs levied on the charge.

Customers may opt in or out of the ADRS via the Client Area. If the hosting plan includes a free domain name, HostJaer.com may automatically renew your domain name upon the expiry of the initial term as part of your hosting plan’s benefits. This is regardless of your Automatic Domain Renewal settings.

You confirm and agree that you will not transfer the domain name to another domain name registrar within the first 60 days of the initial registration. The same also applies within 60 days of any successful transfer to HostJaer. HostJaer.com is authorized to deny any such transfer requests.

You affirm that HostJaer.com may place your domain name in a Domain Lock status within this 60 days window to prevent unauthorized or hostile transfers of the domain name. Domain transfer services only apply to active domain names that are either registered or renewed through HostJaer.com regularly. Clients can transfer expired domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. This Domain Transfer Fee is subject to the domain type and attracts applicable taxes where necessary.

Termination / Plan Change / Refund Policy

HostJaer.com may terminate web hosting and domain registration service under the following circumstances:

 

Non-payment of fees

You are in breach of service terms or conditions of this agreement if your use of any of the core and complementary services disrupts HostJaer.com’s business operations, technical activity or affects any other partners.

The customer’s data is removed from HostJaer.com servers in case of such terminations. Alternatively, you can request account termination, hosting plan changes or domain cancellation at any time by reaching out to the Customer Service team through phone or service ticket.

Our contact information can be found on the homepage of our website:  hostjaer.com. When submitting your cancellation request, provide your email and password for the account for verification. Incomplete cancellation requests will be deemed invalid and cannot be processed.

You are responsible for any additional service charge arising from the incomplete account cancellation. Refunds are not applicable for services billed monthly or one-time payments. Services in this category include web design, WordPress plugins, file recovery, WHMCS modules, domain redemption fees, etc.

You are only eligible for a refund on hosting services under the following circumstances:

1. If you apply for account cancellation within 30 daysafter sign-up (30 Days Money Back Guarantee). You will, upon request, receive a full refund for hosting fees, minus any setup costs or one-time service charge.
2. If you cancel your account within 30 days after renewing your web hosting service. . You will get the refund, upon request, and receive the full hosting amount less any setup cost or one-time service charge.
3. If you cancel your account before the lapse of 30 days, you will, upon request, receive a full refund of the hosting fees. The amount paid will be less the setup cost or one-time service charge.

If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse HostJaer.com for the domain name registration.

When you do any of the following before your hosting plan subscription expires:

1. You cancel your initial web hosting plan subscription.
2. You change to a hosting plan that does not come with a free domain.
3. You transfer the domain name to another domain registrar.

The total amount in fee varies depending on the domain type and the registration term. One cashback applies to each invoice. HostJaer.com reserves the right to grant or deny refund requests. Domain name payments, initial registration or renewal, cannot be cancelled. It will remain active until the end of the registration term.

NB: Your hosting account and files will be deleted from HostJaer’s servers if your service has been suspended for more than 30 calendar days. Please contact support before the period lapses to renew your service or retrieve your files. HostJaer will not take responsibility of deleted files if the owner did not use the mentioned time to get their files.

Prohibited/Unacceptable Conduct

HostJaer.com does not condone the use of unsolicited commercial email (“Spam”) to promote or market products or services. Any of our clients engaging in this practice through the HostJaer.com network or promoting/encouraging information on websites hosted by HostJaer.com will be considered in breach of this Agreement. They are liable for suspension from our Service forthwith.

Your use of our Service must comply with Kenyan ICT laws, and the general laws of your country) if you aren’t a Kenyan) at all times. Your use of the web hosting service should not consume excessive system or network resources which can disrupt the system and other users. Abnormal use of our service is, but is not limited to, spawning multiple processes, stretching the CPU or bandwidth capacity or consuming excessive amounts of memory.

The following content is on a non-exclusive list prohibited by the HostJaer service:

1. Content with nudity, pornography, adult content, or any other materials with sex or foul language.
2. Content that condones, propagates, promotes, contains or is linked to warez, software/program cracks, hacking or any other material associated with the above-named utilities. It also includes piracy-related information, be it for educational or promotional purposes.
3. Content promoted through spam or e-mail fraud schemes, or those that promote or condone the sending of unfiltered e-mails. This directive also applies to customers sending bulk emails originating from HostJaer servers and distributed in mass to unknown recipients, whether to solicit products or services. Such actions risk immediate suspension of your HostJaer.com account.
4. Offensive content to the community, including bigotry, prejudice, excessively violent, racism, hatred, excessive profanity, or posting obscene, harassing, filthy, or otherwise objectable material.
5. Content or publications that exploit children less than 18 years of age.
6. Content that sells unlawful products and services within a given location.
7. Content that infringes/violates, trade secrets, trademarks, trade names, copyright, service mark, patent, or other intellectual property rights of any third party.
8. Content that promotes mail fraud, illegal/fraudulent activities multi-level marketing or any other form of pyramid schemes.
9. Content and publications that discloses any personal or private information to third parties without their express consent or permission.
10. Reverse compiling & engineering; deriving the underlying source code, structure, and sequence of any HostJaer.com service, product, solution, technology or member sites (or pages contained therein).

Customer Requested Cancellation: you will notify HostJaer.com of your intention to cancel your service not later than 15 days before the next bill date.

If you want to cancel two (2) or more dedicated servers within any given 30-day period, you will notify HostJaer.com of your intention to cancel at least 30 days prior to the next billing date.

When cancelling ten (10) or more dedicated servers within any given 30-day period, you will notify HostJaer.com of the request to cancel not less than 60 days prior to the next billing date.

NB: In case of suspicion of FRAUD, HostJaer has the right to suspend the account immediately.

Unacceptable Resource Usage

As a customer, you cannot:

1. Use over twenty-five per cent (25%) of HostJaer.com’s system resources for more than ninety (90) seconds continuously at any particular time. Activities that could cause this system overload or excessive resource use include, but are not limited to, HTTP, CGI scripts, PHP and FTP.
2. Run a stand-alone, unattended server-side process(es) continuously at any point in time. Such services include daemons, such as IRCD.
3. Run any type of web indexer/spider (Google Cash / AdSpy) on shared servers.
4. Run any IRC (Internet Relay Chat) software that interfaces with any network.
5. Run any tracker, bit torrent application or client. You can link it to legal torrents off-site, but may not host, run or store them on our shared servers.
6. Participate in any peer-to-peer file-sharing activities.
7. Run any online gaming on our servers such as counter-strike, half-life, battlefield1942, etc.
8. Run any cron entries with intervals of less than fifteen (15) minutes.
9. Run any of the MySQL queries longer than fifteen (15) seconds continuously. They should be indexed appropriately.
10. Use more than 250,000 inode counts while on the bronze package.
11. Use more than 500,000 inode counts while on the silver package.
12. Use more than 800,000 inode counts while on the gold package.
13. Use more than 250,000 inode counts while on a customized package.

Reservation of Rights

HostJaer.com reserves the right and sole discretion to:

1. Censor any platform or website hosted on its servers that contravenes its web hosting usage policies.
2. Review any account for excessive bandwidth/space utilization and suspend its service on the said accounts.
3. Terminate any account for non-payment, fraudulent user details or fraudulent payment information. An account shall be terminated after 30 days of non-payment of term fees. It is your responsibility as the customer to ensure that all term fees are paid on time. In case of suspicion of FRAUD, HostJaer has the right to suspend the account immediately.
4. Terminate any user account if the website contents result in legal action or threaten legal action against HostJaer.com or its affiliates or partners, without considering whether such legal actions will eventually be determined, with or without merit.
5. Terminate any account for unsolicited, commercial e-mailing (spam emails), illegal access to other computers (including remote computers) or networks (i.e. hacking.) Other vices include the distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that HostJaer.com have clearly spelt as harmful to its customers, operations or its reputation as a business, or any breach of this agreement.
6. Suspend its services at any time for any duration, when necessary, without penalty or liability to the company.

You, the customer, agree that it may be necessary to temporarily suspend our Service for technical reasons or to maintain network equipment or facilities.

Customer Abuse

HostJear.com does not condone and has zero tolerance for any form of abuse, whether language or physical towards our company and/or service.

The company will terminate services for a customer exhibiting abusive tendencies to our company, employees and/or service without any refund.

Furthermore, posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our “support ticket” or “support email” department to discuss your issue will result in immediate account termination without any refund.

It is your right to show disapproval without discussing your issue with us. However, it is unfair and unprofessional not to, which is our reason for invoking our authority.

HostJaer has the utmost respect for all of our customers and treats them fairly. We will do everything possible to keep all of our customers contended. But in the unlikely event that you are not satisfied, discuss your issue with our support department first.

Refunds

1. HostJaer has 30-day money-back guarantee for web hosting services only.
2. HostJaer does not offer refunds for purchases of domain names since the incurs almost the same amount to pay the domain registry.
3. Our finance department processes refunds on Fridays. If you request a refund, it will be paid on the first Friday after the requisition was made. If a request is made on a Friday, it will be paid on the following Friday.

Backups

HostJaer has a backup system for all our clients’ files. However, they are not part of any service. As a customer, it is your sole responsibility to backups your files and saves them elsewhere off the server.

Our web hosting service does not guarantee the availability of server backups and, therefore, HostJaer is not responsible for any loss of customer data. Customers should have backups for their information away from our servers and update them regularly.

HostJaer.com Control Panel has tools that allow customers to make data backups, download data, download backups, etc.

Prices

HostJaer.com’s prices are subject to the prevailing market price dynamics and as such, the initial registration fees and/or renewal prices may increase or decrease. If this happens, the new service prices will be indicated on the relevant price pages on HostJaer’s website.

Indemnification

HostJaer.com customers agree that they will protect, save indemnify and hold HostJaer.com harmless from all stipulations, expenses, liabilities, losses, and claims, including but not limited to, attorney’s fees assessed against HostJaer.com, its affiliates, customers, employees, shareholders and administration that may result from any service provided, performed, agreed to be performed. It also includes any service or product sold by its customers, employees or shareholders.

Customers agree to uphold HostJaer.com from any harm against liabilities arising out of;

1. Any injury to person, character or property caused by any service sold or distributed in association with HostJaer.com’s Services;
2. Any service material given by a customer that infringes on the proprietary rights of a third party;
3. Copyright, patent, trademark, or other intellectual property violation sold to a customer from HostJaer.com’s Services.

Disclaimer

HOSTJAER.COM WILL NOT BE RESPONSIBLE FOR ANY BUSINESS OR BODILY DAMAGES YOUR BUSINESS MAY SUFFER.

HOSTJAER.COM GIVES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR ANY SERVICES WE PROVIDE.

HOSTJAER.COM DISASSOCIATES ITSELF FROM ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES DATA LOSS RESULTING FROM DELAYS, NON-DELIVERIES, FAILED HARDWARE, WRONG DELIVERY, FAILED BACKUPS, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY HOSTJAER.COM AND ITS EMPLOYEES, DATA CENTER AND CONTRACTORS.

HOSTJAER.COM RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE.

Failure to follow any of these terms and conditions may result in account deactivation or termination without any further notice.

HostJaer.com expects that some of its customers who provide Internet services to others will fully comply with all applicable laws under the Data Act of 2022 concerning the privacy of online communications.

A customer’s failure to comply with the Kenya laws, in general, violates these policies set.

Finally, HostJaer.com wishes to emphasize that, by accepting terms and conditions, customers commit to fully abode by HostJaer.com, and violation of any law or HostJaer.com policy, will result in loss to HostJaer.com services and may bring any punitive measures.

If HostJaer.com is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded against HostJaer.com, plus costs and reasonable attorneys’ fees.