Chajio Cloud

Welcome to Chajio Cloud (“Chajio Cloud,” “we,” “us,” or “our”), a premier web hosting service provider based in Nairobi, Kenya. By accessing or using our website (chajiocloud.com) and services, you agree to comply with and be bound by the following Terms of Service (“Terms”). Please read these Terms carefully before using our services.

By continuing to use our website and services, you acknowledge and accept these terms and conditions. If you do not agree to all of the terms and conditions stated herein, you must discontinue the use of Chajio Cloud's website and services immediately.

The following terminology applies to these Terms and Conditions, Privacy Statement, and Disclaimer Notice, and all Agreements: “Client”, “You”, and “Your” refer to you, the person accessing this website and compliant to the Company's terms and conditions. “The Company”, “Ourselves”, “We”, “Our”, and “Us” refer to Chajio Cloud. “Party”, “Parties”, or “Us” refer to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner for the express purpose of meeting the Client's needs in respect of the provision of the Company's stated services, in accordance with and subject to, the prevailing law of Kenya.

Description of Services

Chajio Cloud offers a comprehensive range of web hosting services, including shared hosting, VPS hosting, dedicated hosting, and domain registration. Our services are designed to provide individuals, businesses, and organizations of any size with reliable, secure, and scalable hosting solutions for their websites and applications.

Account Registration

To utilize our services, you must create an account by providing accurate and complete information. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We reserve the right to suspend or terminate your account at our discretion if we suspect any fraudulent or unauthorized activity.

Service Usage and Restrictions

Acceptable Use:

You agree to use our services in compliance with all applicable laws, regulations, and industry standards. You will not use our services for any illegal, abusive, or unethical purposes, including but not limited to spamming, distributing malware, engaging in hacking activities, or infringing upon intellectual property rights.

In addition, you may not submit, publish, or display any content that violates your State or Local law. You are solely responsible for the content you make accessible through the chajiocloud.com network. You may not use the service to assist any other person or entity to violate any Federal, State, or Local laws, ordinances, or regulations.

Resource Usage:

Our services are provided on a shared or dedicated resource basis, depending on the hosting package chosen. Excessive usage of server resources that may affect the performance or stability of our systems is not permitted. We reserve the right to impose limitations or take corrective measures if we determine that your resource usage is negatively impacting the overall performance of our services.

Background daemons in general are prohibited. chajiocloud.com will consider requests on a per-application basis. If allowed, extra charges will be assessed based on resource requirements for system maintenance.

Content Restrictions:

You are solely responsible for the content you publish or transmit through our services. You agree not to host or distribute any content that is unlawful, offensive, harmful, or infringes upon the rights of others. We reserve the right to suspend or terminate your account if we determine that you are violating these content restrictions.

Chajio Cloud is not obligated to monitor the network to examine available content. You hereby acknowledge that if we are made aware of content that is determined to be, in its sole discretion, unacceptable, undesirable, offensive, indecent, obscene, excessively violent or otherwise objectionable, Chajio Cloud has the right, but not the obligation, to edit, remove or deny access to such content. Chajio Cloud may disclose any content or records concerning customer's account as required to satisfy any law, regulation, governmental request or court order.

Sites that promote any illegal activity or content that may be damaging Chajio Cloud's servers or any other server on the internet are strictly prohibited. Links to such materials are also prohibited. Below are some examples of non-acceptable content or links:

Content that has or contains links to: nudity, pornography, adult content, materials with sex or foul language.
Content that condones, promotes, contains, or links to warez, cracks, hacks, their associated utilities, or other piracy related information, whether for educational purposes or not.
Content that has been promoted through the sending of Spam or mail fraud schemes, or pages that promote or condone the sending of Spam. The sending of bulk email originating from our servers mass distributed to unknown recipients soliciting products or services will result in immediate account suspension.
Content that is grossly offensive to the community, including blatant expressions for bigotry, prejudice, racism, hatred or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectable material.
Content or otherwise that exploits children under 18 years of age.
Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
Content that promotes mail fraud, multi-level marketing (pyramid) schemes or other illegal or fraudulent activities.
Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
Reverse engineering, reverse compiling or otherwise deriving the underlying source code or structure or sequence of any Chajio Cloud's service, solution or technology.

Commercial Advertising / Mass Mailings

You must not use the chajiocloud.com network, chajiocloud.com email servers, or any chajiocloud.com equipment in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. If you are found to have spammed, without warning, chajiocloud.com reserves the right to disable your domain/terminate your account. In addition, chajiocloud.com may impose a Ksh 10,000 penalty for each spam policy violation.

Domains

Chajio Cloud offers domain name registration and renewal services in partnership with ICANN accredited registrars. Domain registration/renewal are done on your behalf. Discounts or free promotions for domain registrations/renewals are extended during your hosting period with us only. Once your hosting account is cancelled or expires, if you choose to change domain registrars or hosting providers, you should pay the difference between the amount paid for your domain to us and the actual full cost for the domain at the full price since the original registration date is due before we will release the domain.

You may choose to opt in or out of the Automatic Domain Renewal service via the Client Area. You acknowledge and agree that you may not transfer the domain name to another domain registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer.

Denial of Service

chajiocloud.com reserves the right at its sole discretion to refuse or cancel service. Violation of any of chajiocloud.com's rules and regulations could result in a warning, suspension, or possible account termination. Accounts may be terminated for any or no reason at all with or without any prior notice to the customer. Accounts terminated due to policy violations will not be refunded.

Content Liability

We shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend us against all claims arising out of or based upon your website. No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third party rights.

You agree that any content or materials you submit to the chajiocloud.com network are your sole responsibility. You agree to hold chajiocloud.com harmless from any and all claims resulting from the use of your content.

Service Cancellation and Refund

We have a 14-day money-back guarantee for annual hosting services/plans only. If a hosting service had a free domain name given as part of the package, the amount that would have been incurred to register the domain had it been registered separately will be deducted when doing the refund.

We do not do refunds for purchases of domain names since we incur almost the same amount to pay the registry.

We process refunds on the first Friday of the month. If a refund is requested, it will be paid on the first Friday of the month after the request was made. If a request is made on the same Friday, the refund will NOT be processed on the same Friday but on the first Friday of the following month.

There are no refunds on monthly plans, setup fees, VPS and dedicated servers, administrative fees, setup and install fees for custom software and licenses. Refund requests for any service will be done but the cost of VAT will be subtracted from the fees at the current market value. Violations of the Terms of Service will waive the refund policy.

Refunds will only be issued if the service purchased does not function as expected or fails to meet the standards as outlined during the purchase. We reserve the right to ask for the reason of the refund, and upon our own judgment, we will make the decision regarding the eligibility for a refund.

Payment and Billing

You agree to supply appropriate payment for the services received from Chajio Cloud, in advance of the time period during which such services are provided. You agree that until and unless you notify Chajio Cloud of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via email. Once we receive your cancellation and have confirmed all necessary information with you via email, we will inform you in writing that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference.

Confirm your identity
Confirm in writing you are prepared for all files/emails to be removed from your account
Document the request

As a client of chajiocloud.com, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Any invoice that is outstanding and not paid will result in an account suspension until account balance has been paid in full.

It is the customer's responsibility to notify our billing department via a support ticket created from us after paying for any service. Domain renewal notices and invoices are provided as a courtesy reminder and Chajio Cloud cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain or service renewal.

Failure to pay for the services or violation of these Terms may result in the suspension or termination of your account without prior notice. Chajio Cloud reserves the right to change the monthly or annual payment amount and any other charges at any time.

Disk / Storage Usage Policy

The allocated disk/storage space provided with our hosting plans is intended solely for the storage of website-related files, including but not limited to HTML files, images, scripts, and databases required for the operation of websites hosted with us.

MP4 files, video files, or any other non-website related media files are strictly prohibited from being stored on the allocated disk/storage space provided with our Standard or eCommerce plans. If you require hosting for such files, we recommend considering our VPS or Enterprise plans.

Backup Policy

We try and maintain frequent back-ups for all our clients' files. However, backups are not included as part of any service. We cannot guarantee that the backup files that we recover (if any) will be the most recent snapshot of your site. It is the customer's sole responsibility to make backups and save them elsewhere off server. Availability of server backups is not guaranteed and we are not responsible for loss of customer data.

We do not perform backups for reseller accounts, virtual private servers (VPS), virtual dedicated servers (VDS), and dedicated servers. If you would like us to do a backup of your files in this category, you can open a ticket requesting for backups and you will be charged depending on the size of files.

Backup of a Suspended / Cancelled Account

In order to generate a backup of an account, the status of the account should be “ACTIVE”. However, you can ask for the backups by placing a ticket to our sales department.

Backup of suspended/cancelled reseller accounts totally depends on the size & availability of the backup as well as the number of accounts under the reseller. If you need to take a backup, please submit a ticket to sales and depending on the size or number of the accounts, you will receive a quote for the same.

Data Retention Policy

This Data Retention Policy forms part of our Terms of Service and applies to all customers using our hosting services. It is your responsibility to ensure timely payments to avoid permanent loss of data.

For all shared hosting and reseller hosting services, we implement the following data retention policy:

Retention Period: Data associated with shared hosting accounts is retained for a maximum of 30 calendar days after the due date of the unpaid invoice.
Termination and Deletion: If payment is not received within this 30 day window, the hosting account will be permanently terminated. This includes the complete deletion of all files, emails, databases, backups, and any other data stored on the account.
Irrecoverability: Once deleted, data cannot be recovered by any means. We do not maintain archives or backups of terminated accounts beyond the 30-day retention period.

For Enterprise and VPS hosting services, the following policy applies:

Retention Period: Data is retained for 7 calendar days after the due date of the unpaid invoice.
Termination and Deletion: If payment is not made within this period, the server and all associated data will be permanently terminated and deleted from our systems.
Irrecoverability: Once terminated, the server and its data are permanently unrecoverable. No backups or archives will be available after this point.

It is the sole responsibility of the customer to ensure that payment is made in a timely manner to avoid service disruption and data loss. We strongly recommend maintaining your own backups where possible.

Indemnification

Customer agrees that they will protect, indemnify, save and hold Chajio Cloud harmless from any and all stipulations, liabilities, losses, expenses, and claims, including but not limited to reasonable attorney's fees assessed against Chajio Cloud, its agents, customers, officers, employees, shareholders, directors, and administration that may arise or result from any service provided or performed or agreed to be performed or any product sold by its customers, agents, employees, officers, shareholders, directors, or assigns. Customer agrees to defend, indemnify and hold Chajio Cloud harmless against liabilities arising out of:

any injury to person or property caused by any products sold or distributed in association with Chajio Cloud's Services;
any material furnished by customer infringing or allegedly infringing on the proprietary rights of a third party;
copyright, trademark patent, or other intellectual property violation and any defective products sold to a customer from Chajio Cloud's services.

Disclaimer

CHAJIO CLOUD WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. CHAJIO CLOUD MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. CHAJIO CLOUD DISCLAIMS ANY WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS INCLUDES LOSS OF DATA RESULTING FROM DELAYS, NON-DELIVERIES, FAILED BACKUPS, FAILED HARDWARE, WRONG DELIVERY, AND ANY AND ALL SERVICE INTERRUPTIONS CAUSED BY CHAJIO CLOUD AND ITS EMPLOYEES, DATACENTER, CONTRACTORS. CHAJIO CLOUD RESERVES THE RIGHT TO AMEND OR UPDATE THESE POLICIES WITHOUT NOTICE.

Failure to follow any terms and conditions may result in account deactivation or termination with or without notice. Finally, Chajio Cloud wishes to emphasize that in accepting services, customers indemnify Chajio Cloud for the violation of any law or Chajio Cloud policy, that results in loss to Chajio Cloud or the bringing of any claim against Chajio Cloud.