Terms of Service
1. This is an agreement between you and Sungura You hereby represent that you are at least 18 years of age and that you have attained the age of majority country in which you reside, and that any information that you submit in Sungura is correct.
2. How Sungura may modify this agreement Sungura reserves the right to change the terms, conditions, and notices under which it offers the Sungura, including any charges associated with the use of the Sungura Website and services. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on Sungura Website. Your continued use of the Sungura Website after the effective date of such changes constitutes your acceptance of and agreement to such changes. Sungura Website may itself contain additional terms that further govern use of the Sungura Website, including without limitation, particular features or offers.
3 .co.ke Promotions The price of ksh 580 is for clients who make the order by themselves and pay via MPESA. The domains CANNOT be transferred away untiL after 2 years. This is to prevent registrars abusing our offers since we sell below wholesale price. If you have to transfer away then you have to make FULL payment of ksh.999 ( Pay the difference i.e ksh. 419, against the same invoice)
4. No commercial, unlawful or harmful use of the Sungura Website You will not use the Sungura Website in any way that is unlawful, or harms Sungura, its affiliates, resellers, distributors, service providers and/or suppliers. You may not use the Sungura Website in any manner that could damage, disable, overburden, or impair the Sungura (or the network(s) connected to Sungura) or interfere with any other party’s use and enjoyment of the Sungura Website.
5. Spam is prohibited and causes damage You will not use the Sungura and partner servers to transmit , either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. It is your responsibility to ensure that your computer has current and updated anti-virus, anti-malware and such related softwares installed. Repeated spamming will result in account suspension and eventual termination. All our decisions are final.
6. Materials you post or provide: communications monitoring For materials you post or otherwise provide to Sungura website related to the Sungura Website you grant Sungura permission to Use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with the Sungura Website
7. Liability limitation; your exclusive remedy In no event will any Sungura party be liable for any damages, including without limitation any indirect, consequential, special, incidental, or punitive damages arising out of, based on, or resulting from this agreement or your use of the Sungura website, even if such Sungura party has been advised of the possibility of such damages The exclusion of damages under this section is independent of your exclusive remedy and survives in the event such remedy fails of its essential purpose or is otherwise deemed unenforceable. These limitations and exclusions apply without regard to whether the damages arise from (1) Breach of contract, (2) Breach of warranty, (3) Negligence, or (4) Any other cause of action, to the extent such exclusion and limitations are not prohibited by applicable law. If you are dissatisfied with our terms/services, or do not agree with any part of this agreement, or you have any other dispute or claim with or against any Sungura with respect to this agreement or the Sungura services, then your sole and exclusive remedy is to discontinue using the Sungura services.
8. Changes to the Sungura website The Sungura parties may change the Sungura website or delete features in any way, at any time and for any reason. As you use the Sungura website , you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, “content”) originated by Sungura and persons other than Sungura (any such person is referred to as a “third party”). You acknowledge and agree that the Sungura parties are not responsible or liable for (1) Any content, including without limitation, any infringing, inaccurate, obscene, indecent, threatening, offensive, defamatory, tortuous, or illegal content, or (2) Any third party conduct, transmissions or data. In addition you acknowledge and agree that Sungura is not responsible or liable for (1) Any viruses or other disabling features that affect your access to or use of the Sungura website (2) Any incompatibility between the Sungura website and other website, services, software and hardware, (3) Any delays or failures you may experience in initiating, conducting or completing any transmissions or transactions in connection with the Sungura website in an accurate or timely manner, or (4) Any damages or costs of any type arising out of or in any way connected with your use of any services available from third parties though links contained on the Sungura website. The limitations, exclusions and disclaimers in this agreement apply to the maximum extent permitted by applicable law, and are not intended to deprive you of any mandatory protections provided to you under applicable law.
9. Termination a)Sungura may terminate this Agreement, or terminate or suspend your access to the Sungura Website at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use the Sungura Website will immediately cease. b)Hosting Accounts (Emails and websites) will be terminated (contents deleted) 27 days after expiry of the domain or hosting. Upon such termination any information you have stored on the Sungura Servers will not be retrieved later. This shall apply to data on addon domains and sub domains if the primary/main hosting account is not renewed. It is your responsibility to check and confirm that the addon domains and its contents are backed up and transfered before you terminate the account or cancel it
10. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM You and Sungura agree that any cause of action arising out of or related to the Sungura website must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
11. Resellers Resellers are an integral part of our business. Responsibilities of resellers 1. All resellers are to register the domains under the clients name, but they can be administrative , billing and/ or technical contacts for the domains but the registrant details MUST be the clients. To avoid emails going to the client, you may put your email address 2. Domains registered and managed on behalf of the client belong to the client 3. It is your responsibility to ensure that the clients services are up and running so that they do not contact the registry (kenic) or registrar (Sungura) When you client complains to registry or registrar, we have a right to help then ensure that their businesses continue operations. This includes changing name servers ( so that their emails and websites continue to operate). This will be after they show proof of ownership of the domains . Proof will be in the form of certificate of incorporation, Invoices and receipts from your organization e.t.c 4. You must be reachable via both phone and email ( and you must respond to our emails within 48hrs if we attempt to reach you) We reserve the right to take decisions that will ensure client continued business operations. All decisions taken by the registry or registrar about clients domains is final. In the event that you decide to take legal action, you shall enjoin the client in the suit
12. Other Terms
a) Canceling A Prepaid Account Any prepaid account cancelled within 30 days of purchase will have the remaining credit in their account refunded to them. For accounts cancelling after 30 days, refunds will only be issued at the discretion of Sungura
b) Domain Registrations, Transfers and change on WHOIS ( Registrant Details) Domain registration and web hosting are two separate services. Hosting accounts do not include domain registration unless otherwise noted.Online payments are through MPESA, 2checkout.com and Paypal.com, who shall process and hold payment until the service is provided. Kenic reserves the right to refuse to register a domain without giving any reasons whatsoever. All domains transfered to Sungura shall not have Registrant details changed, unless you own the domain name. If a domain is transfered and you are not the owner of the domain then Sungura shall be notified in writing 3 days prior to any changes.( except nameserver changes)
c) Account Services Sungura provides domains and web hosting services within the various limits specified by each web hosting plan. In order to offer these services, we must at times take action to prevent some customers from interrupting or restricting services to other users.
d) Backups Policy Sungura backs up all server configurations on a regular basis, however, this does not extend to backups of account web data or email. We encourage all customers to back up their web sites and databases on a regular basis, and can assist in setting up regular backup plans. Sungura, will provide help and assistance, where it can, to recover any lost data (within 24 hr window), but accepts no responsibility or liability for any permanent or temporary data loss. Customers who have exceeded their inode limits will NOT have their services backed up.
e) Log Files And Other Volatile Data To maintain server performance, Sungura may, from time to time, delete any log files or temporary data from its servers. There is no set time period in which this process will take place. Customers are advised to make copies of any log or temporary files they wish to retain. Sungura accepts no responsibility or liability for loss of log or temporary files.
f) Site Statistics Sungura provides access to a real-time graphical statistics application for each domain hosted. Due to the involvement of third-party components and the complexity of the links between domains, accounts and the statistics server, statistics may be unavailable from time to time. As with any other account data, Sungura accepts no responsibility or liability for loss of historical statistical data.
g) Bandwidth Usage / Up time As the need arises, Sungura will upgrade the overall bandwidth available to accommodate the growing needs of our users. However, if any site or account produces abnormal (as decided by Sungura) amounts of web site, email or any other traffic, Sungura will take action to throttle or disable access. If an account is found to be using excessive bandwidth, the account holder will be contacted, and required to (at the discretion of Sungura) either upgrade their account or pay a bandwidth usage charge as per the pricing scheme on the Sungura web site. Sungura reserves the right to cancel or suspend any account for which bandwidth usage cannot be negotiated in a reasonable (as defined by Sungura) period of time. We guarantee an up time of up to 99%.
h) Web Space Usage and Unlimited Hosting Sungura provides limited web space to store files and other data. This limit is set by your account size. If an account is found to be using more then their allocated web space, the account holder will be contacted and required to, at their option, reduce their used space or upgrade their account. Sungura reserves the right to cancel or suspend any account for which web space usage cannot be negotiated in a reasonable (as defined by Sungura) period of time. You shall also not use your web hosting account for archiving files or as a backup service. Please note that log files, email and database size(s) are included in your overall allowed web space, if any of these are the cause of the overage, Sungura will be happy to assist in deleting or otherwise reducing the overall usage of your account. Unlimited Hosting has been found to be impractical and Discontinued effective April 2014 . Therefore all clients on unlimited hosting have been allocated 15gb disk space. You are required to delete emails or be migrated to a VPS/Dedicated Server.
i) Customer Support It has been the goal of Sungura since its founding to provide top-quality customer support and satisfaction. This section clarifies our role in providing a web hosting service. There are various features such as ASP, ODBCs, PHP, etc. that we provide to our users. Due to the complex nature of supporting such services, we are unable to support users in learning how to take advantage of them. Our support team will ensure that the settings are correct on our servers, but we may be unable to assist users in setting up their own files and applications. At the discretion of Sungura, we are able to provide some advanced support services. Depending on the scale and complexity of the work, a support fee may apply, with details provided on application.
j) Web Usage Sungura endeavors to provide a safe Internet environment for our users, and members of the public. As an extension of this policy, Sungura strictly prohibits any account hosted on our servers from containing certain types of material. These include, but are by no means limited to: • Commercial software, made available without the consent of the copyright holder. • Music (such as MP3s, etc.) made available without the consent of the copyright holder. • Other material that would be illegal to distribute. • Documentation on hacking, software piracy, counterfeiting, bomb making, etc. posted with the intent of fostering criminal activity. • Sites promoting hate crime toward any group. As well as any other material that would be illegal in the jurisdiction in which the web server is located, and any other material deemed unsuitable by Sungura. Any site hosted by Sungura which breaches these terms will be stopped in expectation of a site cleanup. An administrative fee may be charged in order to reactivate the site, once this cleanup has taken place.
k) .ug and tz domains While every attempt will be made to register the domains ordered for by our customers, we shall not take responsibility when they are registered by other parties before we do so. These are offline processes takes from 24 to 36 hours.
l) Payment using Credit / Debit card / Paypal If you are in kenya, we advise you to make payment in cash, cheque or MPESA paybill. Credit card / Debit card or Paypal is high due to currency fluctuations and Merchant transaction Fees. It is your responsibility to check on the amount charged at checkout point
m) Payment and receipts When the system sends a receipt, it only acknowledges receipt of payment, and not delivery of the service. If service is not delivered, we shall issue a refund.
n) WHOIS scripts and Domain availability WHOIS Scripts are prone to errors since their parameters can be changed by registries (.ke, ug, tz e.t,c) hence we shall not take responsibility if a our system shows that it is available, paid for but registration proves unsuccessful