The following Service Level Agreement (also called Terms of Service (ToS) or simply Agreement) governs all services offered by SHAREBILITY UGANDA WEB SERVICES (SWS) to customers (clients, users). You fully agree to these Terms of Service by purchasing any Web Hosting, Domain Nane or Additional service offered by SWS.
Account Eligibility
All SWS services are designed for users above the age of eighteen (18). By purchasing a service from us, you declare that you are eighteen (18) years old or older; otherwise, you are engaging in illegal usage, which is a violation of our Terms.
If our services are used on behalf of another party, you represent and warrant that you have the authorization to bind the party to our TOS. If we determine that you do not have the legal authority to represent the party you will be held liable according to our TOS.
You agree and warrant you will provide accurate, current and complete information (including name (company name), address, phone number, email address, and billing information) required on the order form during the service purchase.
Acceptable Use Policy
You acknowledge and agree that SWS services may only be used for lawful purposes. You need to ensure compliance with applicable laws, rules, and regulations of your use of our services. We reserve our right to disable any materials violating our Terms.
The following types of content are considered as prohibited and you shall not use SWS services to store or publish such (including links to third-party services):
- Sensitive personal information
- Content infringing intellectual property
- Pirate software, Warez, Torrent trackers, etc.
- Phishing and malicious content (Viruses, Trojan horses, worms, etc.)
- Pornography and adult related content
- Distribution of controlled substances, drugs, and prescription medications
- Encouraging violence, terrorism, hatred for particular social, ethnical or religious groups
Following types of activities are considered as prohibited and you shall not use SWS services for such purposes (including links to third-party services):
- Bulk, Spamming and Mail spoofing activities
- Denial of service attacks and port scans
- Audio and video streaming
- Anonymous proxy server
- Crypto pools, mining scripts, etc.
- Hacking/cracking related activities
Order Processing
Your personal information collected during the registration process will be used for your account creation and will be considered as ownership details for all service under the account. You agree and authorize us to use and provide your personal information to third parties to ensure compliance and validate your billing information in order to finalize your order.
All orders submitted at SWS are subject to Security Scans. If an order triggers any of our security rules it will be manually revised by our Order Verification team, the invoice will be canceled and no payment will be applied. In such a case, you will be notified by an email and we may ask for additional information in order to activate the requested service. We are not obligated to provide service nor additional information for the reason of failure to pass our verification process.
After successful payment, the service subject of your order is considered active. SWS provides instant account activation for services promoted as such. Services, such as, but not limited to Virtual Private Servers and Dedicated Servers, that require manual interaction and/or custom setup will be handled in a timely manner. Service is considered available only after you receive written confirmation sent from SWS Limited.
Payments
It is your responsibility to ensure that you pay all fees for the service set forth in your order. All fees must be paid in advance for the entire billing term selected in your order. We are not bound to provide any services until we receive your payment.
You agree that you will be billed on automatically recurring bases for successive periods of equal duration unless you cancel the service or disable the auto-renewal option. Renewal invoices will be generated 15 days in advance and the charge attempt to the payment method on file will be attempted 3 days before the due date.
If the payment fails we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your service. SWS will make a few courtesies attempts to notify you for your service renewal – prior to the service renewal; on the due date; in an event of payment failure.
SWS will not be held responsible for any losses (including files, databases, emails, domain names) that result from suspension or termination due to payment failure.
Late payments:
- Shared Hosting – Shared hosting accounts will be suspended after service expiration date. Shared accounts overdue for more than 30 days will be terminated and all data will be permanently deleted from our servers.
- Virtual Private Servers – Virtual Private Servers will be suspended after service expiration date. Virtual Private server overdue for more than 7 days will be terminated and all data will be permanently deleted.
- Dedicated Servers – Dedicated Servers will be suspended after service expiration date. Dedicated server overdue for more than 7 days will be terminated and all data will be permanently deleted.
- Domain names – Domain names are due on their exact expiration date and will be put on hold immediately after it. Due to the nature of domain names, we cannot provide any extended grace period. However, the renewal will be possible on higher renewal prices depending on the period the domain is in after its expiration.
If you believe there is any incorrect charge processed by SWS you need to immediately contact our team. If you initiate a chargeback we may suspend your service until the dispute is resolved and all outstanding fees are covered. A chargeback fee of $25.00 may or may not be applied.
Fraudulent use of credit cards and other payment methods is a violation against our Terms. We may report such fraudulent uses.
Price formation and Renewal of services
To better understand the pricing we offer, we would like to define two sets of terms:
- “Sign up Price”, “Initial Price”, “Promotional Price” and “First Payment Amount” – These terms are used when referring to the payment of the invoice for the initial term of the purchased Web Hosting Service.
- “Renewal”, “Renewal Cost”, “Standard Price” – These terms are used when referring to the value of any additional invoice for the renewal of Web Hosting Service after the initially pre-paid term has passed.
By accepting our Terms of Service, our customers agree that any Initial Price applies only for the first paid invoice for any purchased Web Hosting Service.
Every subsequent invoice is usually for the regular price of the purchased product (which is always shown on our product pages) meaning that it may or may not be equal to the price of the First paid invoice.
To form the prices of our services we are taking into an account the following price forming variables:
- Infrastructure Costs
- Cost of human labor in the countries SWS operates
- Price of any Third Party Services related directly or indirectly to the Web Hosting Services we offer
SWS reserves the right to change the prices of the Web Hosting Products or services as well as their respectful renewal and setup fees with or without reason related to the price forming factors.
Resource Utilization
The customer agrees that the hardware resources such as but not limited to Disk Space, CPU power and RAM should be utilized only for the sole purpose of the Web Hosting Service. The limitations of these hardware resources can be placed either by the law, SWS Terms of Service or the resource capacity specifications listed on the Web Hosting Products pages of our website.
It is a customer’s responsibility to maintain the healthy state of their Web Hosting Services with SWS so any negative resource usage footprint on global level affecting others can be avoided or reduced to a reasonable value.
Technical Support Service
The term Technical Support Service refers to any technical assistance or answers received as a result of a query submitted to our Technical Support Fleet. SWS provides free Technical Support service as a complimentary service to all our Web Hosting packages.
The Technical Support Service is an additional free of charge service, that is not included as a service in any of the Web Hosting Services offered by SWS. Any assistance provided through the Technical Support Service is considered as an act of good fate in the future business relationship with our customers. Our Technical Support fleet will try to assist as further as possible with any technical or non-technical related matter to the best of our knowledge and expertise. The only boundary our Technical Support Service knows is if the issue submitted by the customer is not related directly to the Web Hosting Service we offer.
In case of an issue reaching a state in which our Technical Support Fleet cannot assist any further we are obligated to provide our customers with:
- Detailed information on the experienced issue and if known, its cause.
- A detailed report on the reasons why we are unable to assist any further.
- A detailed report of the applied fixes or any findings results of the performed investigation of the experienced issue.
Any additional fees applied by our Technical Support Fleet can be applied in one or multiple of the following scenarios:
- A technical issue related to any third-party product or service.
- A technical issue requiring an excessive amount of time for its resolution.
- A technical issue that require the assistance of a Developer or the so-called Development related issues.
- An excessive amount of support requests submitted by the customer.
The customer agrees that by submitting a case to our Technical Support Crew, they fully authorize the intervention, operation and management of the Technical Support Crew on the entire customer’s web hosting account including but not limited to Client Area, Plesk Panel and any related domains/services that SWS poses or received by the customer access to.
We will do our best to fit the timeframe for any case resolution expected by the customer, however, we are not obligated to achieve case resolution nor any particular outcome or result.
SWS reserves the right to refuse Technical Support Service to our customers only after specifically specifying the reason behind that outcome.
The customers agree that any Technical Support Service listed on our website or mentioned anywhere may not be successful and the submitted issue might remain unresolved. Furthermore, the customer agrees that the Technical Support Service might not be provided at all in case the support request/issue is not financially, technically or physically in the capabilities of SWS.
Service Uptime, General Availability, and Compensations
SWS will use full effort to make the offered Web Hosting Service available with an uptime guarantee of 99% of the time. In case we are unable to achieve the promised uptime our customers are eligible to receive credit depending on the amount of violated uptime on a monthly basis.
The credit serves as compensation and can only be used for future service renewals, purchases of new or upgrades of already existing services. The credit cannot be used outside the scope of the Web Hosting Services provided by SWS. The credit is not sent to the customer’s bank account, PayPal account or any other payment method used when purchasing the service. The credit is listed in the Client Area provided by SWS Limited.
The Public Network availability that we guarantee is 100% excluding the time needed for scheduled or unscheduled maintenance of the network, its hardware components or any software used by the same. In case the 100% availability is not achieved SWS will provide 10% of the monthly service cost for each hour of downtime up to 100% of the monthly fee for the affected service or 10 hours of downtime.
SWS guarantees that every website hosted on our network will be available 99.9% of the time in a given month excluding the cases when scheduled or unscheduled maintenance is ongoing. In case we are unable to meet that commitment our customers will be compensated with 10% of the monthly cost for the affected service for an hour of downtime up to 100% or 10 hours.
The calculation of Network and Website availability is based on SWS internal records for the uptime of our services. We will not accept any third party reports as possible evidence for downtime making the client entitled to compensation.
Service Exemption
SWS does not hold any liability in case any of the offered Web Hosting Service is unavailable due to factors not related to the company, caused by any third-party services used as part of any Web Hosting Service that we offer or any planned by the company maintenance windows. In case there is such downtime:
- The associated period of service unavailability shall not be considered as Service Downtime.
- The customer is not entitled to receiving compensation in the form of credits.
Typically such outages are caused by:
- A scheduled or planned Maintenance on the infrastructure used by SWS, provided that SWS has informed the customer for such procedure at least 2 days prior to the Maintenance date.
- Factors outside SWS’s reasonable control.
- Violation of our Terms of Service.
- Force majeure events, including but not limited to acts of war, acts of God, natural disaster, pandemic, utility outages, denial of service attacks, failure of communication lines and/or the Internet, and the occurrence of vulnerabilities or exploits which could not have been avoided with commercially reasonable care.
- Downtime during the upgrade of your Cloud SSD VPS or Dedicated Server.
- Downtime caused due to reached Resource Capabilities of your Web Hosting Service.
Scheduled or Unscheduled Maintenance Windows
Complex technologies require constant maintenance to be up to date with their latest security and performance patches. SWS may perform scheduled or unscheduled maintenance depending on the state of our Web Hosting infrastructure. The maintenance may include but it is not limited to:
- Hardware repairs such as component replacements, upgrade of servers and general server infrastructure maintenance.
- Software updates such as web service security and performance patches, control panel updates, operating system updates, and general service replacements.
Such procedures will be handled in a timely manner in order for the impact on the customers’ websites can be minimal.
Additional Services and Third-Party provided Services
The Web Hosting services we offer may or may not include third-party software or service bundled as part of the offered Web Hosting Package. Typically such services are used to improve the overall Web Hosting experience for our customers or to add additional functionality, feature, and security or performance improvement.
Upon purchasing a Web Hosting Service with us the customer agrees that the purchased Web Hosting Service may or may not include or be a part of a third party provided service or software that is not maintained by SWS Limited.
The customer agrees that SWS cannot be held responsible for any service interruptions caused by such software. SWS cannot guarantee the health, development and general availability of such services.
Promotions
The customer acknowledges that every Web Hosting Service that we offer may be a subject or additional Terms of Service and policies related to ongoing promotions related to the same Web Hosting Service.
The customer has the right to request and be presented with full information on the Promotional Terms of Service for any of the Web Hosting services we offer if the same is under ongoing promotion. The information can be requested via SWS Live Chat service or via the SWS ticketing system.
SWS reserves the right to update, change or completely delete any ongoing promotions, their Terms of Service or any related information on our website.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL SWS, ITS DIRECTORS, EMPLOYEES OR AGENTS BE HELD LIABLE FOR ANY DIRECT OR INDIRECT DAMAGES OF ANY TYPE AND NATURE, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS OR LOSS OF REVENUE, COST SAVINGS, BUSINES, ANY LOSS OF DATA OR CORRUPTION OF DATA, RESULTING FROM YOUR USE OF OUR SERVICES OR ANY FAILURE, DELAYS, MALFUNCTIONS, SUSPENSION, NETWORK FAILURE, SERVER FAILURE, SOFTWARE OR HARDWARE FAILURE, OR THE NEGLIGENCE OF SWS. THE PRECEDING LIMITATIONS SHALL APPLY EVEN IF HOSTARAMA WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF SUCH DAMAGES WERE FORESEEABLE. IN NO EVENT SHALL SWS BE LIABLE TO YOU WITH RESPECT TO THIS AGREEMENT OR UNDER ANY OTHER AGREEMENT FOR AN AMOUNT GREATER THAN THE FEES PAID FOR OUR SERVICE(S) DURING THE TWELVE (12) MONTHS PERIOD PRIOR TO THE INITIAL ACTION GIVING RISE TO SUCH LIABILITY. THIS IS AN AGGREGATE LIMIT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. THE ABOVE LIMITATION WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW AND YOUR RIGHTS WILL NOT BE AFFECTED.
Backup Service
SWS will run regular backups on the best effort basis for data stored on Shared and WordPress Hosting Services. We will do our best to ensure accurate backups are stored on separate independent storage array for further data protection and recovery options.
Data stored on Virtual Private and Dedicated Servers will not be backup by SWS unless you subscribe for VPS/DS backup service. VPS/DS backup service provides a separated independent storage array with the same capacity as of your server space. In case the available space is exceeded additional backup creations will fail.
We are obligated to store at least one full account backup copy.
The customer acknowledges and agrees it is their sole responsibility to keep independent backup copies apart of those maintained by SWS. Our backup services are provided “as-is” and the company will not be held liable for any possible damaged and data loss as a result of backup copy corruption.
Free Migration Policy
We do offer free website migration included in our Shared and WordPress hosting accounts, Virtual Private and Dedicated servers. The number of free migrations included in the particular hosting package is as listed on our main webpage. In case additional migration is required, migration fee will be provided on fixed pricing.
Free website migration includes website files, MySQL databases, and email data only, domain name transfer is not included as part of the website migration service but it may or may not be provided to certain web hosting plans with concrete Billing Cycle with at least 1 year.
It is your responsibility to configure your DNS records after the migration completion in order for your domain name to be pointed to your web hosting service with SWS. For that purpose, we may assist in case the domain name is under the control of SWS.
By requesting migration from SWS the client authorize us with access to their previous hosting provider. We cannot guarantee successful website migration in circumstances outside of our control, including, but not limited to restrictions placed by the client’s current provider, data saved in incompatible format and other limitations.
Termination of Service by SWS
SWS may terminate this Agreement or suspend your service without prior notice and refund in an event that: (i) you fail to pay fees due; (ii) your use of our services violates to our ToS; (iii) your or your users’ actions are harmful to SWS or others or; (iv) any other lawful reason.
Apart from the above-mentioned reasons SWS may also terminate this Agreement with seven (7) days’ notice if the service(s) become impractical or unfeasible for any technical, legal, regulatory or any other reason. In such a case, customers will be provided with a backup copy of all their data.
Indemnification
You agree to indemnify and hold harmless SWS, its directors, officers, affiliate, employees, agents, and any third parties against and from any claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against SWS arising in connection to (i) your use of our services, (ii) any breach or violation by you of our ToS; or (iii) any acts or omissions by you. The terms in this section shall survive the termination of this Agreement.
Change of ToS
SWS reserve the right to change our Terms at any time. If we decide to change our Terms, we will post the updated Terms and indicate the date of revision. If we decide to make material changes we will notify you here, by email, or by means of a notice on our website. All new or revised Terms take effect immediately, except the material changes. If you do not agree to the changes applied to our Terms you shall suspend your service(s) with us. Your continued use of our website and services indicates that you have read, understood, and agreed to our Terms
