TERMS AND CONDITIONS OF THE NESTICT INFOTECH DOMAIN NAME REGISTRATION AND WEB HOSTING SERVICE ON A PREPAY BASIS

NESTICT TEMPLATES
1

NESTICT INFOTECH – TERMS AND CONDITIONS

(Domain Name Registration & Web Hosting Services)

1. DEFINITIONS AND INTERPRETATION

In this Agreement:

  • “Agreement” or “Terms and Conditions” means these terms and conditions and their schedules.

  • “Charges” means the amounts payable for the Services as published in the Tariff Guide or described in these Terms, excluding interest on late payments.

  • “Content” means voice, sounds, information, communications, data or any material appearing, posted, exchanged, transmitted, or communicated through the Services.

  • “Customer” means the organization, corporate entity, or individual applying for or using the Services, and includes any person acting with the Customer’s authority.

  • “Customer Equipment” means the Customer’s equipment that interacts with the Network to access the Services.

  • “Force Majeure” means events beyond a party’s reasonable control, such as acts of God, war, riots, civil disorder, natural disasters, strikes, government actions, refusal by third parties to supply services, etc., excluding insufficiency of funds or failure to pay any amount.

  • “Network” means the network operated by NESTICT INFOTECH, its subsidiaries, holding company, and/or third-party providers, used to deliver the Services.

  • “Offending Material” means any Content that:

    • breaches any law, regulation, code of practice, or NESTICT INFOTECH policy,
    • is abusive, indecent, defamatory, obscene, offensive, menacing, or harmful, or
    • infringes third-party rights including intellectual property, privacy, or confidentiality.

  • “Registry” means the relevant domain name registry, including but not limited to KENIC.

  • “Services” means domain name registration, renewal, and web hosting services provided by NESTICT INFOTECH, including related or incidental services.

  • “Tariff Guide” means the list of charges published and periodically updated by NESTICT INFOTECH.

Interpretation

Unless the context requires otherwise:

  • the singular includes the plural and vice versa;
  • references to a person include corporate or legal entities;
  • references to written laws include amendments or re-enactments;
  • references to documents include variations or replacements made in writing;
  • words importing one gender include all genders;
  • any reference to a Party includes successors and permitted assigns;
  • clause headings are for convenience only.

2. COMMENCEMENT AND DURATION

This Agreement commences on the date the Customer is connected to the Services (“Commencement Date”) and continues until terminated by either Party in accordance with this Agreement.

“Connected” means the Customer is able to access and use the Services.

3. APPLICATION OF TERMS

  1. By submitting an application or using the Services, the Customer confirms having read, understood, and accepted these Terms.
  2. These are the exclusive terms governing the provision of the Services.
  3. Customer terms contained in purchase orders, documents, or communications do not apply.
  4. If the Customer uses the Services alongside other NESTICT INFOTECH services, the Customer agrees to comply with those additional terms.

4. SUPPLY OF THE SERVICES

4.1 Domain Name Registration

The Customer acknowledges and agrees that NESTICT INFOTECH:

a. does not guarantee availability, registration, renewal, or reservation of any domain name; b. may accept or reject any domain registration or renewal request at its discretion; c. is not liable for actions, errors, or omissions of any Registry.

4.2 Customer Warranties

(a) Domain Name

By applying to register a domain name, the Customer warrants that:

  1. all statements made in connection with the application are accurate and complete;
  2. to the Customer’s knowledge, the domain does not infringe third-party rights;
  3. the domain is not being registered for unlawful purposes;
  4. the Customer will not knowingly use the domain in violation of laws or regulations.

(b) Web Hosting

The Customer acknowledges:

  • NESTICT INFOTECH does not control Content and is not responsible for it;
  • the Customer is solely responsible for accuracy, legality, and compliance of Content;
  • the Customer has obtained all required permissions for any third-party Content.

4.3 Use of the Services

The Customer must not use, or allow others to use, the Services:

  • to store, transmit, or receive Offending Material;
  • for fraud, criminal activity, or unlawful acts;
  • to cause annoyance, inconvenience, or harm;
  • contrary to NESTICT INFOTECH’s instructions or acceptable use policies.

4.4 License to Host Content

The Customer grants NESTICT INFOTECH a non-exclusive, non-transferable license to host Customer Content for the duration of this Agreement.

4.5 Availability and No Warranty

NESTICT INFOTECH does not warrant:

  • uninterrupted or error-free Services,
  • specific performance speeds, bandwidth, or throughput,
  • immunity from viruses, malware, or security breaches.

Service quality may be affected by Force Majeure, maintenance, transmission issues, or Customer Equipment problems.

Failure of Customer Equipment does not relieve the Customer of payment obligations.

5. TARIFFS AND TAXES

  1. Charges for the Services are set out in the Tariff Guide.
  2. All Charges are exclusive of VAT and other applicable taxes.
  3. If the Customer disputes a portion of an invoice, the undisputed amount must still be paid.

6. PAYMENT TERMS

  1. Services are provided on a prepay basis.
  2. Charges are payable annually in advance and are non-refundable, even if the Registry rejects a domain.
  3. Payments must be made within 15 days of the due date on the E-Bill.
  4. Failure to pay may result in suspension or termination of the Services.

“E-Bill” means NESTICT INFOTECH’s electronic billing system via email or online portal.

7. INDEMNITY

The Customer agrees to indemnify and hold harmless NESTICT INFOTECH from all claims, costs, damages, or liabilities arising from the Customer’s use of the Services, including intellectual property infringement and defamation.

8. LIMITATION & EXCLUSION OF LIABILITY

  1. NESTICT INFOTECH’s total liability under this Agreement is limited to Kshs. 100,000.

  2. NESTICT INFOTECH is not liable for:

    • direct or indirect loss, including data loss or corruption,
    • losses resulting from Force Majeure,
    • acts or omissions of suppliers or contractors,
    • security breaches, unauthorized access, or loss of data,
    • damage to Customer Equipment,
    • losses caused by unauthorized use of the Services.

  3. NESTICT INFOTECH gives no warranties beyond those expressly stated.

  4. Registration of a domain name does not guarantee immunity from disputes or cancellation.

9. FAULT REPORTING & REPAIR

  1. NESTICT INFOTECH will repair faults as soon as reasonably possible.
  2. If the fault is found to be caused by Customer Equipment or misuse, the Customer will bear repair and investigation costs.

10. TERMINATION AND SUSPENSION

NESTICT INFOTECH may suspend or terminate the Services without liability if:

  • required by law, regulator, or court order;
  • licenses or permissions needed to provide the Services are withdrawn;
  • the Customer breaches this Agreement;
  • Customer information is false or misleading;
  • the Registry withdraws the domain name;
  • maintenance or upgrades require temporary suspension (with reasonable notice);
  • the Customer fails to pay Charges on time.

The Customer must reimburse costs incurred due to suspension or termination caused by the Customer.

11. CONSEQUENCES OF TERMINATION

Termination does not affect accrued rights or obligations that survive termination.

12. VARIATION OF THE AGREEMENT

NESTICT INFOTECH may amend this Agreement to:

  • comply with legal or regulatory requirements,
  • comply with communications authority directives,
  • adjust Charges,
  • introduce or withdraw features,
  • improve clarity or correct errors.

Changes will be published on the NESTICT INFOTECH website and communicated in writing at least 28 days before taking effect.

13. USE OF PERSONAL DATA

NESTICT INFOTECH may retain and use Customer data for:

  • fraud prevention and law enforcement,
  • commercial purposes such as marketing and research,
  • compliance with legal obligations,
  • legal proceedings,
  • quality control, training, and internal processes.

14. NOTICES AND WAIVER

Notices, including variations, promotions, and service information, may be communicated via:

  • advertisements in daily newspapers,
  • email, SMS, or online channels,
  • postings on the NESTICT INFOTECH website.

Failure to enforce any right does not constitute a waiver.