1.0            INTRODUCTION

The service that is subject to the following agreement is provided by Webmagic Tanzania, a webhosting reseller firm registered in the United Republic of Tanzania with a registration no. 451376

As a Customer of our Services, you need to be aware that, when subscribing service with Webmagic Tanzania, you accept and agree to abide by our Terms of Service (this document) and our Acceptable Use Policy (AUP). The Order Form completion of the Service represents the electronic signing of these two documents.

As a Customer of our Services, you understand and agree also that it is beyond the power of Webmagic Tanzania to restrict any public access to the data that you position on our servers and guarantee the security of your files and the account in general. In this respect, you accept that it is your obligation to protect all the information that you make available to the wide internet public through our web hosting network and assume all responsibility for unveiling online personal data that could be abused.

2.0            ENTIRE TERMS OF SERVICE

The Terms of Service (This document), together with Acceptable Use Policy (AUP) and Uniform Domain Name Resolution Policy constitute the whole act of convention between You (the Customer), and Webmagic Tanzania.

Webmagic Tanzania shall provide its Services to You under the Terms and Conditions explicated in this Service Agreement. The Agreement is intended to clarify all aspects, rules and provisions of the business relationship between You – the Customer, and Webmagic Tanzania. It is also intended to keep the integrity of this relationship and protect both parties from liability. This Service Agreement will be enforced, if/when necessary, in order to be guaranteed the speed, power, performance, and reliability of our services.

In the event that a court of competent jurisdiction declares any of the Agreement’s provisions invalid, unenforceable, or void, the remaining provisions will entirely preserve their validity. Customer’s side of the Agreement can be presented by any of the following parties: an individual over 18 years of age; a legal entity, such as a corporation, a limited liability company, etc. If a person represents the Customer, for some reason, he/or she must be legally authorized to act on his behalf, thus accepting, executing and delivering the Agreement.

This agreement shall be interpreted in consistence with the laws of the United Republic of Tanzania, and shall serve to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns.

3.0            WEBMAGIC TANZANIA HOSTING SERVICES

A web hosting service is a type of Internet service that offers individuals and organizations/companies the resources to host their own web sites and store information, images, video, and other content accessible via the World Wide Web. A Storage Service Provider (SSP) is a company that provides computer storage space and related management services. SSPs offer also periodic backup and archiving.

Webmagic Tanzania offers only web hosting services, not data storage services. A web hosting service consists of the following:

i)       SERVICE FEATURES

1. Disk Space – We use a clustered storage technology. This means that the storage resources of a hosting plan purchased from us are not confined to a single server, but are distributed between multiple machines. This way optimal performance is guaranteed and higher server stability. It also ensures that you will be able to avail of all the storage quota that has been assigned to your particular account. Additional disk space is available as an upgrade option. Payment is accepted only in advance per year. Contact sales for more information.
2. Traffic – Each hosting plan includes prepaid monthly traffic in Megabytes. This traffic quota is shared between all sites hosted in a single account. In case that a hosting account exceeds its allowed traffic quota, it will be suspended until the beginning of next month when the quota will refresh automatically. Additional traffic is available as upgrade. Contact sales for more information.
3. Hosted Domains – Webmagic Tanzania’s hosting plans include domain hosting. Each hosting plan allows a particular number of domains that can be hosted.
4. Domain Registration/Transfer – available at regular or a discounted price (depending on the chosen TLD) with the purchasing of a web hosting account. Each account can host a maximum of one discounted domain name. Domain registrations are final and are not subject to refund.
5. E-mail accounts – different number of e-mail accounts are available for setup with each web hosting plan.
6. MySQL/PostgreSQL Database(s) – MySQL databases are included in all web hosting plans. Additional databases are available as upgrade. PostgreSQL databases can be either included or optional. Contact sales for more information.
7. Database Storage – Webmagic Tanzania offers unlimited mysql database storage for each hosting account. However, accounts with very large single databases can affect the overall server performance. Thus, we recommend that each database is kept under 200 MB in size. For accounts with databases over 500 MB in size, Webmagic Tanzania may request that the number of total database usage be reduced to ensure proper performance or may terminate the Subscriber’s account, with or without notice.
8. IP Address – Webmagic Tanzania hosting accounts do not include IP addresses. For many customers IP address is important for starting SSL hosts, that’s why we allow the purchasing of IP addresses. Payment is accepted only in advance per year. Contact sales for more information.
9. SSH – In case your hosting account does not include SSH, please contact sales department for more information on how to obtain it. Payment is accepted only in advance per year.
10. ID Protection – This service ensures that your private contact information will not be visible in the domain’s WHOIS details. Optional for all hosting plans, but available only with certain TLDs, supporting this option.

Detailed information about all features included in our web hosting packages is available on our web hosting plan pages.

ii)    SERVICE PAYMENT

When signing up for an account with Webmagic Tanzania, the Customer agrees to pay for the period of one year (365 days) and abide by our Order Verification Policy. Our Sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user can take advantage of our web hosting system.

In cases of PayPal and American Express credit card payments, a 12-month recurring billing cycle will apply for customer convenience. In case that a customer wants to cancel their recurring contract, they can do so from the Recurring Manager section of their Web Hosting Control Panel.

Webmagic Tanzania will charge customers with fees based on the fee structure of our web hosting system at the time of the sign-up process. Webmagic Tanzania reserves the right to introduce price changes to the packages when needed. This means that the current price list at our web store may differ from the pricing of your web hosting account.

Each customer of ours will be able to take advantage of the package he/she has purchased at the introductory price levels, and with one and the same set of features in the course of the whole contract period. Webmagic Tanzania reserves the right to introduce certain changes to the packages (in the form of complementary services) to the benefit of the customers.

iii)  SERVICE GUARANTEES

Webmagic Tanzania guarantees 99.9% network uptime and server stability. This, however, does not refer to problems stemming from:

1. Server Hardware Breakdown;
2. User error(s) or purposeful interruption(s) of the user service (e.g. if the client shuts his/her own server down, Webmagic Tanzania is not responsible for the downtime);
3. Failure due to software that is not explicitly supported by Webmagic Tanzania. If a hardware crash provoked by the customer consequently occurs, Webmagic Tanzania is beyond the control and responsibility for the resulting downtime.

For more information, please read our Service Level Guarantees.

4.0            SERVICE ACTIVATION AND CONTINUANCE TIMESCALE

i)       SERVICE ACTIVATION

For newly signed up clients – the services are activated immediately after our Sales Department gets in touch with the customer over the phone to verify the payment details (this is required due to the high fraud activity spreading online, and in order to be prevented fraudulent orders). The payment verification procedure is obligatory and if we fail to approve a transaction within 48 hours of the payment submission, the funds will be credited back to the payer and the order will be cancelled.

For existing customers – the services for existing customers, including upgrade services and renewals, are activated immediately after our Sales Department receives the according service payment.

ii)    CONTINUANCE TIMESCALES

Shared Web Hosting Accounts – all newly-created shared hosting accounts with Webmagic Tanzania are valid for 1 year. They can be regularly renewed for another year that is added to the official expiration date of the account. All account upgrades purchased from the Web Hosting Control Panel are valid and are to be functional till the final expiration date of the respective web hosting account.

5.0            DOMAIN REGISTRATION AND TRANSFER SERVICE

Webmagic Tanzania offers for registration and or transfer for all TLDs (Top-Level Domains and Tanzania second level domains (.tz ccTLD.)) displayed in the table. The TLDs can be purchased either together with a shared hosting account (at regular or PROMOTIONAL price) or separately as an upgrade from the Web Hosting Control Panel (all TLDs – at NON-PROMOTIONAL prices). The minimum duration of subscription is one year and the maximum period is up to 3 years

Domain offered are:

i)       TANZANIA DOMAINS

.co.tz – Only for registered company or business entity as defined under national laws.

.or.tz – Only for none profit making organizations.

.go.tz – Only for formal Tanzania Governmental entities as recognized through parliament or on production of a letter from relevant Permanent Secretary of the relevant government Ministry where the registrant belongs.

.ac.tz – Only for formal tertiary academic or technical institutions with relevant accreditation.

.ne.tz – Only for addressing the network of people and hardware.

.mil.tz – Exclusively for Tanzania Military entities recognized by the Ministry responsible for Defense;

.sc.tz – Only for schools that are elementary, primary and secondary level institutions

.me.tz – For personal use, individuals, and family names. Ideal for personal blogs and private email addresses.

.hotel.tz – For hotels.

.info.tz – The name is derived from information, meant for informational websites.

.mobi.tz – For mobile devices that access internet resources via the mobile web, it may also be used by companies that offer mobile services.

.tv.tz – The name is derived from television, meant for television service providers.

ii)    NON-TANZANIA DOMAINS

Non-Tanzania domain include all domains whom registry is managed outside Tanzania United Republic.

The domains include but not limited to the following:

.com,

.net

.org

.info

6.0            SERVICE EXPIRATION AND RENEWAL

i)       HOSTING SERVICE

The hosting service is active for the period paid by the user. After the expiration of that period, the account will be automatically suspended and will remain suspended until the Customer renews it by paying its annual subscription fee. In case that the Customer does not renew his/her hosting account, it will remain BLOCKED. The account data will be kept for 30 days, after that it will be permanently deleted from dns.

E-mail notifications regarding each account’s expiration are dispatched twice – 30 days prior to the expiration date of the account. In order to receive the notifications, the Customer must provide a valid e-mail address. Webmagic Tanzania ensures that the e-mails are sent and takes no responsibility for e-mails that are not delivered due to problems with the recipient’s e-mail address.

ii)    DOMAIN NAMES

Domain names are valid for the number of years of their registration (domain names can be registered for the period of 1 to 10 years, depending on their TLD – top-level domain name – extension). After an expiration of a domain name several stages follow regarding its renewal.

• The domain nameRedemption Grace Period (RGP) is a registry level period that starts about 30 days after the domain name’s expiration date. During this period the domain name is kept on hold by the Registrar before it gets deleted. The domain registrant is allowed to retrieve the domain name from deletion, but this process costs additional redemption fee. The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:
• The RGP period extends the time available for renewing domain names. However, any web site or e-mail services associated with the domain name will stop working and the domains that enter a redemption period may be removed from the zone files (the list of domain names currently in the global DNS).
• Extended Redemption Grace Period – the extended redemption grace period adds another 7 – 30 days to the domain name’s redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain’s registrar.
• After the redemption period of an expired domain name is finished, comes the Pending Delete Period – a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it’s still not returned to the public pool of domain names.
• Released by Registry Period – the domain name is sent back into the public pool of domain names and is newly available for registration.

Customers are advised to renew their domain registrations before their domain names are placed into redemption. When a domain name transits in redemption period, we are not able any more to prevent its zone files from being removed from the DNS system, and the customer’s web site and any associated services will stop working.

During a domain name’s redemption period, we can assist the customer in retrieving his/her domain name from deletion only if the domain name was registered with us. The customer will need to pay a REDEMPTION FEE which vary for the domain registration renewal (the redemption fee is imposed by our Registrar). If the domain name was registered with another registrar, the customer needs to contact that registrar for more information regarding its retrieving.

iii)  SERVICE EXPIRY NOTIFICATION SERVICE

Although we will make sure the notification service works at optimal level to improve our customer service quality but, a customer must also note that, service expiry notification is provided as it is, if the system that notify customers failed, Webmagic Tanzania is not liable for whatsoever reasons and circumstances and for any damage, loss of data and others businesses related to this failure.  We therefore argue customers to keep note of their expiry services dates so as not to rely on our system notification systems. By doing this, customers will always have their subscriptions active and avoid any loss of data and business.

7.0            CUSTOMER RESPONSIBILITIES

i)       ACCOUNT REGISTRATION AND MANAGEMENT

In consideration of their use of the Service, customers agree to:

1. Provide true, accurate, current and complete information about themselves as prompted by the registration form of the Service. Maintain and promptly update their registration data to keep it true, accurate, current and complete. If the customer provides any information that is untrue, inaccurate, not current or incomplete, or Webmagic Tanzania has reasonable grounds (at its sole discretion) to suspect that such information is untrue, inaccurate, not current or incomplete, Webmagic Tanzania has the right to suspend or terminate the customer’s account and refuse any and all current or future use of the Service (or any portion thereof). If untrue details are used in order to avoid VAT the customer can be held responsible by the respective national tax collecting agency.
2. When introducing any changes to their contact details, customers are obliged to notify Webmagic Tanzania in the course of 10 business days after the changes become valid. The introduction of changes should be done via default e-mail. This requirement is also in force for Webmagic Tanzania, i.e. customers will be always aware of any contact information changes that the company places within its website. This way, flawless communication between both sides is guaranteed.
3. Customers will receive a password and account designation upon completing of the registration process of the Service. Customers are responsible for keeping the confidentiality of their passwords and accounts, and are fully responsible for all activities that occur under that password or account.
4. Customers agree to do the following once passwords and username are breached:

1. immediately notify Webmagic Tanzania about any unauthorized use of their password or account or any other breach of security;
2. ensure that they safely exit (log out from) their account at the end of each session. Webmagic Tanzania cannot and will not be liable for any loss or damage of account information arising from Customer’s failure and or negligence to comply with this provision.

1. If a hosting account is registered with details different than those of the person who paid for the account, and in the case of any dispute, Webmagic Tanzania will take the side of the person who paid for the account and shall not provide access to any other person.
2. If the hosting account owner deceased prior to the expiration of his/her account Webmagic Tanzania will require death certificate or any other legal document that can provide official evidence for that fact. Those who supply that information will be held legally responsible if the information is false or incorrect. Once such documents are obtained, Webmagic Tanzania will be the sole arbiter in assessing whether the documents are authentic or not. A record of the obtained documents will be kept until the expiration of the hosting account.
3. Server resource usage: If the user hosting account uses resource to its limits, it will be suspended until the causes of server resources over usage is corrected by the account holder
4. Webmagic Tanzania strongly recommends that all customers should follow up through their hosting control panel the usage of server resources. Over usage implies many thing some of them be:

1. The account is possibly hacked
2. The scripts are poorly coded
3. The database is corrupt
4. The server is overloaded with too many activities caused by many active processes
5. The website is not well optimized (hardened)

It is an obligation of the owner to correct those problems before the account is penalized

1. E-mails – Users are NOT allowed to send more than 1500 emails per day / 150 email per hour per hosting account (each email can be sent to maximum 50 recipients, as each unique recipient will be counted as one message sent). When sending emails via a Mailing List, users are NOT allowed to send more than 1500 emails per day per account (or 1 email to 1500 subscribers, respectively). Each web hosting account is entitled to e-mail storage equal to the allocated disk space in your purchased plan, which is shared between all mailboxes, created for this account.
2. Disk Space and Traffic – Webmagic Tanzania offers generous amounts of disk space and network bandwidth. Customers must not allow other websites or hosting servers to link to files stored in their hosting accounts, and thus steal network traffic. In order to escape unjust distribution of the resources, as well as possible sharing of illegal content, Customers are not allowed to use their hosting accounts as a remote storage server only or solely for the purpose of sharing (un)archived images, programs or sound files. At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have corresponding HTML or PHP files that link to them. Audio, graphics and/or video files must be must be under 25% of the current web hosting disk usage and must never exceed 50 GB in size. Furthermore, such media files may amount to no more than 50% of the customer’s total monthly traffic usage. Upon a support ticket request by our customer care team, each Customer must be able to prove that a given file is a constituent part of an actual page and not only stored on the server within 24 hours of the request. If the client fails to react within 24 hours after the request and does not remove the file/files in question, or if the apportioned traffic quota continues to be used for such purposes, the Provider reserves the right to suspend the account and/or to remove the aforesaid content from the server. In such cases, refunds are not applicable and the money-back guarantee is no longer valid.
3. MySQL usage– each database hosted in our system can be used only by the user who created it. Another user, whose account is hosted on the same or on another server, cannot use the database created in the first-mentioned customer account. The MySQL database has a limit of 45,000 queries per hour. If you have reached 45,000 queries per a given hour, you will not be able to make any more queries. In the next hour you will have access to the database again and the counter will be reset. You can make a maximum of 15 simultaneous connections to a MySQL database.
4. Access and error logs– The access and error logs for all client’s hosts in one account should not exceed 500 MB in total.
5. Server contentMUST comply with the parameters stated in this TOS and our AUP (Acceptable Use Policy). Web content requirements exclude the publication of illegal content or content considered inappropriate otherwise. If any of Webmagic Tanzania Services are used for the illegal purpose of SPAM or UCE, then they will be terminated instantaneously. Webmagic Tanzania expressly bans the use of any Webmagic Tanzania hardware or software hosted on a Webmagic Tanzania server for trying to illegally access another hosted machine or network. For more detailed information regarding all prohibited uses of our server network, please closely review next chapter of these Terms and our AUP (Acceptable Use Policy). If you still have inquiries over the matter, feel free to contact a Webmagic Tanzania Service representative.
6. Using Webmagic Tanzania temporary URLis not defined as a bandwidth stealing. However customers should not rely on Webmagic Tanzania temporary URL as a basic URL. Traffic processing there is not recommendable. Webmagic Tanzania cannot and will not be held responsible for changing it afterwards. Customers are advised to use it temporarily and redirect their traffic to their own domains.

8.0            SERVER USAGE AND HOSTED CONTENT

ii)    “UNLIMITED” FAIR USAGE POLICIES AND DEFINITIONS

The term “UNLIMITED” is used to describe the amount of resources in the web hosting plans provided by Webmagic Tanzania, which is not set to a predefined limit value (for example – unlimited bandwidth, unlimited disk space, unlimited emails or other unlimited resources). By not setting limits on key resources, we are able to offer our customers a simple, consistent pricing scheme as their websites demand more and more resources. As a result, a typical website may experience periods of great popularity and a resulting increased storage need without experiencing any associated increase in hosting charges.

In all cases, when a service is listed as “Unlimited”, it is intended for normal web hosting usage only – all activities, which may result in excessive resource usage inconsistent with regular usage patterns, are prohibited.

Our Unlimited service offers are not designed to allow a single user to influence the overall server performance.  We therefore limite the resources usage as follows:

a.      At least 80% of all files and/or total megabytes used (including MP3, WAV, RA, GIF, JPG, ZIP, RAR, but not limited to these file types) in each hosting account must be a part of actual, active website(s) content, i.e. all content files must have a corresponding HTML or PHP files of the active webpage that link to them.

b.      Audio, graphics and/or video files must be under 25% of the current web hosting disk usage

c.       The multimedia content must never exceed 50 GB in size.

Webmagic Tanzania reserves the right to take corrective actions. Such actions may include disconnection or discontinuance of any and of all offered services, removal or deletion of customers’ websites, website content, electronic mail, or termination of a customer’s account according to Webmagic Tanzania’s sole and absolute discretion.

iii)  NO UNLAWFUL OR PROHIBITED USE

As a condition for customer use of Webmagic Tanzania Services, You – the Customer, agree that you will not use Webmagic Tanzania Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices, and/or our Acceptable Use Policy (AUP). Webmagic Tanzania servers can be used explicitly and only for legal purposes, and each attempt for taking indecent advantage of the servers, inconsistent with the rules, will be immediately counteracted.

Customers are solely responsible for the content of their messages. Using Webmagic Tanzania Services in connection with surveys, contests, pyramid schemes, chain letters, junk e-mail, spamming or any duplicative or unsolicited messages (commercial or other) is prohibited.

In this light, Webmagic Tanzania expressly forbids any breach of Local regulations, including, but not limited to, the transmission of: copyrighted material, material legally judged to be threatening or obscene, and material protected by trade secrets. Webmagic Tanzania servers CANNOT be used for the propagation, distribution, housing, processing, storing, or handling in any way of lewd, obscene, adult or pornographic material, or any other material which is considered impermissible by the company’s Terms of Service (this document) and Acceptable Use Policy (AUP). Customers may not attempt to gain unauthorized access to any Webmagic Tanzania Services, other accounts, computer systems or networks connected to any Webmagic Tanzania Services, through hacking, password mining or other means. Customers may not obtain or attempt to obtain any materials or information through any means not intentionally made available by Webmagic Tanzania Services.

Webmagic Tanzania’s management will thoroughly scrutinize all received orders and decide, to their own discretion, which of them do not comply with the officially stated requirements for use of the company servers. Webmagic Tanzania reserves the right to refuse service to unlawful parties. Webmagic Tanzania reserves the right at all times to disclose any information, as Webmagic Tanzania deems necessary, to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the sole discretion of Webmagic Tanzania.

iv)  E-COMMERCE CUSTOMER WEBSITES

When buying an allocated space on Webmagic Tanzania servers for the purpose of creating online stores or related e-commerce activities websites, customers agree to be fully responsible for the development, operation and maintenance of their web sites, online stores and e-commerce activities within that websites. The Customer is the only one in charge of approving, processing and filling clients’ orders and taking care of clients’ requests or complaints. The Customer is also the only one in charge of the payment or satisfaction of any and all taxes related to his/her web site and online store. The Customer bears the responsibility for ensuring the security and confidentiality of any customer data (including, without limitation, customer credit card numbers) that he/she may receive in connection with his/her web site or online store. Each customer is in charge of all products and services, as well as all contents and materials appearing online on his/her e-commerce website, including:

• the accuracy and relevance of Customer Content, and content and material showcased in the Customer store or on its products;
• certainty that the Customer Content and content and materials appearing in the Customer store or on its products do not violate or infringe upon the rights of any person;
• certainty that the Customer Content and the content and materials appearing in the Customer store or on its products are not calumnitous or somehow illegal.

Each Customer guarantees to Webmagic Tanzania that he/she owns the right to use the Customer Content and its material, including all text, graphics, sound, music, video, programming, scripts and applets. Each Customer warrants to Webmagic Tanzania that the use, reproduction, propagation and transmission of the Customer Content and any information and materials contained inside do not, and will not:

• infringe or abuse any copyright, patent, trademark, trade secret or any other proprietary right of a third party;
• break any criminal law or manifest false advertising, unfair competition, vilification, privacy intrusion; violate a right of publicity or violate any other law or regulation.

Each Customer empowers Webmagic Tanzania to reproduce, copy, use and propagate all and any part of the Customer Content for ensuring and operating the Services. Webmagic Tanzania is granted the right to estimate, at its own discretion, the extent to which these operations need to be carried out.

v)     THIRD PARTY DEALINGS

Any dealings with third parties (including advertisers) carried out through Webmagic Tanzania Services, including participation in promotions, payment for goods and services, and/or any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between the Customer and the advertiser or the other third party. Webmagic Tanzania shall not be responsible or liable for any part of such dealings or promotions.

9.0            CANCELLATION, REFUNDS AND MONEY-BACK GUARANTEE; CHARGE BACKS

vi)  CANCELLATION AND REFUNDS

Webmagic Tanzania accounts are set up on a prepay basis. Webmagic Tanzania customers may decide to cancel their accounts at any time, however they will get a full refund of the service only if the cancellation request is made within 30 days of purchasing of the account, according to our Money Back Guarantee Policy.

To cancel an account, the Customer needs to send an e-mail or support ticket to our Sales Department and provide any authentication credentials requested by Webmagic Tanzania. Other forms of cancellation requests will not be accepted. Any incentives (free bonuses, etc.) offered to the Customer upon sign-up will be also cancelled.

Domain name registrations/transfers, service upgrades and web hosting plan renewals are treated as non-refundable services (see below) and cannot be cancelled or refunded after being activated upon customer request. The Customer will have the opportunity to transfer his/her domain away to another host.

Late cancellations, as well as accounts cancelled by Webmagic Tanzania. due to TOS violations (where the customer has decided not to fix the violation) do not qualify for the 30-day money back guarantee.

vii)                        MONEY-BACK GUARANTEE POLICY

Webmagic Tanzania offers a 30-day money back guarantee. If, for any reason, you are dissatisfied with our hosting services, we will refund your hosting fees at any time during the first 30 days after the signup date of your hosting account. You can submit a refund request in a trouble ticket from your web hosting Control Panel, or send us an email to info@webmagic.co.tz, and receive full refund for any hosting plan you have purchased from us within 30 days of the payment data of the account. However, this refund not applicable for registered domain names or hosting services attached with free domain registration bonus.

SSL certificates, as a third party service, are not covered by the 30-day money back guarantee, which Webmagic Tanzania provides for it’s web hosting services. An SSL certificate is eligible for refund for a 7-day period after the original purchase.

All recurring payments and all payments made via Western Union or bank wire are non-refundable and are not subject to the 30-day money back guarantee.

viii)                     NON-REFUNDABLE SERVICES

Non-Refundable Services: all service upgrades, wallet refills and plan renewal services purchased from the Web Hosting Control Panel; all 1-year or multi-year domain registration or transfer services purchased at sign-up or from the Web Hosting Control Panel.

All domain registrations and domain transfers are final, do not include any money-back guarantee and will be subject to a fee that is calculated on the basis of the actual NON-PROMOTIONAL annual price of the purchased domain’s TLD, multiplied by the number of years of registration or transfer. Any refund amount credited back to the Customer in accordance with our 30-day money back guarantee will not include the cost of the non-refundable services (if any) that have been purchased with the Customer’s web hosting plan upon sign-up (i.e. the Customer will be issued a partial refund on the original transaction if he/she has purchased non-refundable services within the web hosting account). A table containing the annual NON-PROMOTIONAL prices of all domain names offered by Webmagic Tanzania is located in section 3 of this legal document.

ix)  CHARGE BACKS

Charge backs are not considered as a way of refunding. Any Customer who initiates a credit card chargeback in response to a bill or order placed at Webmagic Tanzania (and respectively – Webmagic Tanzania.) will be subject to full investigation.

When signing up for a web hosting account with Webmagic Tanzania, customers agree to the conditions explicated in our Acceptable Use Policy (AUP) and the Web Hosting Terms of Service (this document). Thus, Webmagic Tanzania will resort to these documents as an evidence for the Customer’s agreement, especially in the event that a Customer sends a chargeback inquiry based on points that he/or she first accepted, but is trying now to refute.

If/When a chargeback report is received, the first step of our Webmagic Tanzania team will be to try to contact the user. Meanwhile, the user account will be suspended (in order to protect our system from fraudulent activity and misuse) and will remain suspended until the reasons for the chargeback have been clarified and decision has been taken for according action.

If the chargeback has occurred due to some misunderstanding, a reverse payment procedure will be initiated with our authorized retailers and the account will be re-activated.

If the user has sent a chargeback request based on groundless argumentation (to our own judgment and these Web Hosting Terms of Service), then a dispute will be started with our authorized retailers in which the Web Hosting Terms of Service (this document) and the Acceptable Use Policy of Webmagic Tanzania will serve as proof of the Customer’s agreement. The retailers then, taking into consideration all provisions in these legal documents, will decide whether the Customer has had sufficient grounds for the chargeback or Webmagic Tanzania has the right to a reverse payment.

In case that the chargeback originates from a fraudulent user and no reverse payment procedure can be initiated, then the respective hosting account will remain suspended.

10.0      NEWS RELEASES

Certain sections of Webmagic Tanzania news releases may contain forward-looking statements projecting future events, such as new software incorporations, updates, promotions, hosting introductions, etc. It is possible that these statements may deviate from the actual circumstances, since they are treated as intentions and express expectations and approximate plans of action regarding the relevant forthcoming events.

Forward Looking Statements can be recognized by the availability of indicative words such as “believes”, “anticipates,” “plans,” “may,” “hopes,” “can,” “will,” “expects,” “is designed to,” “with the intent,” “potential”, etc. However, their availability is not a prerequisite for a forward-looking statement to be treated as such.

11.0      TORTUROUS CONDUCT

Any way of indecent treatment towards a Webmagic Tanzania employee will be considered as totally inappropriate and unacceptable. Each Customer is expected to communicate in an utterly polite and professional manner with Webmagic Tanzania employees regarding any request for help or consultation, or any other reason for contacting our Webmagic Tanzania team via e-mail, chat, phone or through our Ticket Desk Support System. Each Customer is expected to avoid any form of emotional outburst or inappropriate language, or any other attempt to be undermined the importance of good ethics in communication and human relations. Any act of close nature, or other type of offensive, abusive, disrespectful or condescending behavior – oral, written, or delivered by a second party – to members of Webmagic Tanzania customer care stuff will be interpreted as a breach of this TOS. Webmagic Tanzania reserves the right to assess at its sole discretion which behavior is to be considered as a violation of the hereby stated rule and agreement, and to undertake according actions, including refuse refunds to users whose accounts have been suspended for violating this TOS provision.

12.0      FORCE MAJEURE CIRCUMSTANCES

Webmagic Tanzania CANNOT and WILL NOT be liable for any failure or delay in doing its professional duties resulting from circumstances beyond its physical control. Such circumstances may represent acts of any governmental body, war, rebellion, sabotage, embargo, fire, flood, strike or other labor disturbances, interruption of or delay in transportation, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware, or inability to obtain raw materials, supplies or power used in or equipment needed for provisioning of the Services.

13.0      SERVICE PROVISION; WARRANTIES AND REPRESENTATIONS

You understand and agree that the Service is provided on an ‘AS-IS’ basis without warranties or representations for its offering. The company bears no responsibility for connection problems in cases when customer’s hosting with Webmagic Tanzania confronts with service interruption issues. Webmagic Tanzania assumes no liability for any service failure, or failure to deliver or store any Customer communication or personalization settings.

14.0      SERVICE DISCONTINUANCE

Webmagic Tanzania reserves the right to discontinue the delivering of the services and terminate this agreement for a certain period of time or indefinitely, with a prior notice. If the reason for this is Customer’s failure to observe these Web Hosting Terms of Service and/or our Acceptable Use Policy, no refund will be issued to the customer for the unused period of his/her annual subscription with Webmagic Tanzania. If the Customer has not violated any part of these Web Hosting Terms of Service, the Acceptable Use Police and/or any other related documents (Customer agreements) mentioned hereby – the Customer will receive partial refund covering the period of his/her web hosting subscription with Webmagic Tanzania that has not been used.

15.0      COMPLAINTS PROCEDURE

Webmagic Tanzania is dedicated to providing the highest levels of customer service round the clock. If you feel dissatisfied with any aspect of our service, you are encouraged to make use of our complaints procedure detailed below.

In order to file a complaint, please send us an email to info@webmagic.co.tz specifying the nature of the problem you are experiencing. Please, provide us with as many details about your particular case as possible. The more we know about the situation, the better, prompt and adequate our resolution will be.

Here are our steps of addressing every single complaint:

1. Webmagic Tanzania will confirm receipt of your complaint in writing, notifying you that the complaint will be addressed without delay. Webmagic Tanzania reserves the right to refuse to investigate complaints which are apparently frivolous, abusive or offensive.
2. Webmagic Tanzania customer care representative will review your situation, search for an appropriate solution and inform you of the time frame within which a response should be expected.
3. If the Webmagic Tanzania Customer Care representative is not able to resolve your case within the per-announced period, your complaint will be escalated to the technical support personnel who will further investigate the situation and ensure that all necessary measures have been taken. The technical support personnel will respond in writing within two working days, and reply with a solution within five working days.

16.0      CUSTOMER SERVICE CONTACT DETAILS

Customers can get in touch with our Customer Service via any of the contact options listed below:

Location: Arusha, Tanzania

Office Tel#: +255 (0) 73 297 8002, Mobile#: +255 654650100/+255 (0) 78 766 5050/+255 (0) 75 564 6470/

Website: www.webmagic.co.tz

Facebook: http://facebook.com/webmagictanzania

We encourage email communication because it will be easier for us to keep records of customer complaints or problems for future better service provision

17.0      REVISIONS

In order to improve its web hosting and customer care services, Webmagic Tanzania reserves the right to revise these terms and conditions at any time without prior notice. Customers are encouraged therefore to review this document periodically.

18.0      ASSIGNMENT

Customers do not have the right to assign this Agreement without the explicit permission of Webmagic Tanzania. This Agreement shall be in force and effect to the total benefit of the Customer and Webmagic Tanzania, and their successors and permitted assigns.

19.0      TERMINATION

You agree that Webmagic Tanzania, at its sole discretion, may terminate your password, account or use of the Service (or any part thereof), and remove and discard any Content within the Service if you violate this Agreement.