Terms and Conditions

1. Contract: The client's approval for work to commence shall be deemed a contractual agreement between the client and Kenya Website Experts.
Important: Approval for the work to commence and payment of the advance fee indicates that the client accepts these terms and conditions.

2. Material: All material supplied by the client shall remain the client's property. It will be assumed that this material belongs to the client and that it does not breach any copyright laws.

3. Copyright: Kenya Website Experts will retain the copyright of any material, including design, artwork and the source code, created for the client by Kenya Website Experts. Once final payment has been received by Kenya Website Experts copyright may be transferred to the client if previously agreed. Kenya Website Experts reserves the right to retain the copyright on all material created by Kenya Website Experts.

4. Photography and graphics: Kenya Website Experts may use stock photographs and images in the design and build of the site. Images and graphics purchased from stock libraries are not generally included in the quote and will only be included once the client has approved the additional cost.
General reworking and editing of artwork and photography supplied by the client will be included in the quote but where Kenya Website Experts considers the amount or extent of work involved in editing or reworking assets Kenya Website Experts reserves the right to charge for the time of carrying out such work at its usual company hourly rates.

5. Browser compatibility: Kenya Website Experts makes every effort to design pages that display acceptably in the most popular current browsers i.e. IE7 and Latest version of FireFox released on the date of project agreement, but cannot accept responsibility for pages that do not display acceptably in new versions of browsers released after pages have been designed. IE 6 is an outdated browser we should pay tribute to it and say goodbye and upgrade our browsers or should start using Firefox which is free to download and performs much better than IE

6. Search Engine Submission: Kenya Website Experts is not responsible for the client's on-going web site promotion. Should the client require the site to be promoted a separate contract must be agreed. Kenya Website Experts can make no guarantees about the success of any search engine promotion activity because this is controlled by the search engines.

7. Cancellation: Should the client wish to cancel at any point during the process they shall remain liable for the work that has taken place and shall be invoiced accordingly. If cancellation takes place prior to completion the client will be charged what Kenya Website Experts consider to be a reasonable amount for the work carried out to that date.

8. Site maintenance: Kenya Website Experts does not undertake to maintain or update a client's website as part of the design commission. If a client wishes Kenya Website Experts to maintain or update a web site as a separate commission, Kenya Website Experts will negotiate with the client a maintenance contract appropriate to the amount of work required.

9. Content: Kenya Website Experts cannot be held liable for any information contained within The Client's web site. The content of such remains the copyright and intellectual property of The Client.

10. Examples of work: Kenya Website Experts retains the right to display graphics and other web design elements as examples of their work in their respective portfolios.

11. Signature: Kenya Website Experts signature must be put on the site preferably at the bottom of the website (on all the pages) and it should link back to www.kenyawebexperts.com. If the client must remove this link an additional price of 25% will be charged. Signature should be visible to human eyes and search engine spiders.

12. Quotations: The price quoted to the client is for the work agreed on the quotation only. Should the client decide that changes are required, as the site is developed, then we will provide a separate quote for the additional work and may need to review the timescale for completing the project.

13. Upfront Payment: An advance of 50% of the total cost of the project is required before work can commence. After work commences this is non-refundable.

14. Payment terms: Payment is currently accepted by M-Pesa, bank deposit & Zap, unless otherwise agreed.

15. Payment: Payment will be due within 14 days of invoice. Full publication of the Web Pages may take place only after full payment has been received unless otherwise agreed. Any material previously published may be removed if payment is not received. Accounts that have not been settled within 90 days of the date shown on the invoice will incur a late payment charge of 30% of the amount outstanding.

16.  Account Setup / Email on file
We will setup your account after we have received payment and we and. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Kenya Website Experts is not responsible for a lapsed registration due to outdated contact information being associated with the domain.
Transfers
Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

17.  Content
All services provided by Kenya Website Experts may only be used for lawful purposes. The laws of Kenya apply.
The customer agrees to indemnify and hold harmless Kenya Website Experts from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting.
Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:
•    Topsites
•    IRC Scripts/Bots
•    Proxy Scripts/Anonymizers
•    Pirated Software/Warez
•    Image Hosting Scripts (similar to Photobucket or Tinypic)
•    AutoSurf/PTC/PTS/PPC sites
•    IP Scanners
•    Bruteforce Programs/Scripts/Applications
•    Mail Bombers/Spam Scripts
•    Banner-Ad services (commercial banner ad rotation)
•    File Dump/Mirror Scripts (similar to rapidshare)
•    Commercial Audio Streaming (more than one or two streams)
•    Escrow/Bank Debentures
•    High-Yield Interest Programs (HYIP) or Related Sites
•    Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
•    Sale of any controlled substance without prior proof of appropriate permit(s)
•    Prime Banks Programs
•    Lottery/Gambling Sites
•    MUDs/RPGs/PBBGs
•    Hacker focused sites/archives/programs
•    Sites promoting illegal activities
•    Forums and/or websites that distribute or link to warez/pirated/illegal content
•    Bank Debentures/Bank Debenture Trading Programs
•    Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
•    Mailer Pro
•    Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.
Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.
Sites hosted on Kenyawebexperts.com's service(s) are regulated only by Kenyan  law.
If in doubt regarding the acceptability of your site or service, please contact us at This e-mail address is being protected from spambots. You need JavaScript enabled to view it and we will be happy to assist you.
Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography
Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.
Direct customers: Your services will be terminated with or without notice.
Violations will be reported to the appropriate law enforcement agency.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

18.  Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. "Safe lists" and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Kenya Website Experts reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.
Kenya Website Experts reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Kenya Website Experts.

19.  Payment Information
You agree to supply appropriate payment for the services received from Kenya Website Experts, in advance of the time period during which such services are provided. You agree that until and unless you notify Kenya Website Experts of your desire to cancel any or all services received, those services will be billed on a recurring basis. This includes when accounts are suspended.
Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been canceled.
As a client of Kenya Website Experts, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Kenya Website Experts of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Kenya Website Experts. Kenya Website Experts provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a 100 late fee and/or an account suspension until account balance has been paid in full. The 100 late fee is applied in addition to whatever else is owed to Kenya Website Experts for services rendered. Access to the account will not be restored until payment has been received.
It is the customer's responsibility to notify our sales team via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it after paying for a domain renewal and to ensure the email is received and acted upon. Domain renewal notices and invoices are provided as a courtesy reminder and Kenya Website Experts cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain's renewal.
Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer's responsibility to notify our sales team via email at This e-mail address is being protected from spambots. You need JavaScript enabled to view it for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.
Kenya Website Experts reserves the right to change the payment amount and any other charges at anytime.

20.  Backups and Data Loss
Your use of this service is at your sole risk. Our backup service is ran on Sunday of each week, overwrites any of our previous backups made, and only one week of backups are kept. This service is provided to you as a courtesy. Kenya Website Experts is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Kenya Website Experts servers.

21.  Cancellations and Refunds
Kenya Website Experts reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.
Any abuse of our staff in any medium or format will result in the suspension or termination of your services.
Customers may cancel at any time via a cancellation form.Kenya Website Experts gives you an unconditional 45 day money back guarantee on managed shared hosting, and reseller solutions for any customer who paid the first invoice with a credit card or with Paypal.
Cancellations requested after the initial 45 days for Shared and Reseller accounts will go into effect on the renewal date for that particular hosting package. Unless specifically requested, the account will remain active until the period expires. Any request for a refund outside of the initial 45 day period will be given on a prorated basis from when the refund was requested, if the account is eligible for a refund. Refunds are determined by the Cancellation agents at the time the account is canceled.
Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.
Violations of the Terms of Service will waive the refund policy.

22. Resource Usage
User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include("http://yourdomain.com/include.php") use include("include.php")
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

23.  INODES
The use of more than 250,000 inodes on any shared account may potentially result in a warning first, and if no action is taken future suspension. Accounts found to be exceeding the 100,000 inode limit will automatically be removed from our backup system to avoid over-usage, however databases will still be backed up. Every file (a webpage, image file, email, etc) on your account uses up 1 inode.

24.  Backup Limit
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 which helps protect against data loss in the event of a drive failure.

25. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

26.  Money back Guarantee
Each of Kenya Website Experts 's reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.
Kenya Website Experts will not activate new orders or activate new packages for customers who have an outstanding balance with Kenya Website Experts. For a new order to be setup or a new package to be activated, you must have a balance of 0.00, unless otherwise stated by Kenya Website Experts  in writing.

27. Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Kenya Website Experts  dependent upon justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. To request a credit, please contact This e-mail address is being protected from spambots. You need JavaScript enabled to view it with justification. All requests must be made in writing via email. Uptime guarantees only apply to shared / reseller solutions.

28. Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Kenya Website Experts does not provide support to our Reseller's Clients. If a reseller's client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients'. Kenya Website Experts will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

29.  Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

30.  Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on kenyawebexperts.com, and the right to increase the amount of resources given to plans at any time.

31.  Indemnification
Customer agrees that it shall defend, indemnify, save and hold Kenya Website Experts harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Kenya Website Experts, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Kenya Website Experts against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Kenya Website Experts; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Kenya Website Experts server.

32. Disclaimer
Kenya Website Experts shall not be responsible for any damages your business may suffer. Kenya Website Experts makes no warranties of any kind, expressed or implied for services we provide. Kenya Website Experts disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Kenya Website Experts and its employees.

33. Disclosure to law enforcement
Kenya Website Experts may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

34. Changes to the TOS
Kenya Website Experts reserves the right to change or modify any of these terms or conditions at any time. Should clarification of any of the above be required, please contact us.

Notes:
In no event will Kenya Website Experts be liable to the customer or any third party for any damages, including any lost profits, lost savings or other incidental, consequential or special damages arising out of the operation of or inability to operate these Web pages or website, even if Kenya Website Experts has been advised of the possibility of such damages. Despite the best efforts of Kenya Website Experts errors in web page information will occur. At no time will Kenya Website Experts responsibilities for accidentally including erroneous information extend beyond correcting the error.

Should Kenya Website Experts waive any of these terms on an individual basis, this shall not affect the validity of remaining clauses or commit Kenya Website Experts to waive the same clause on any other occasion.