The agreement that governs your use of NelcByte hosting, VPS, domain, and development services.
These Terms of Service form a legally binding agreement between you ("Customer", "you") and NelcByte ("we", "us") concerning your use of our web hosting, virtual private server, domain registration, and web development services (together, the "Services").
By creating an account, placing an order, or using the Services, you confirm that you have read and agree to these Terms, our Privacy Policy, and any specific terms or acceptable use rules referenced by the plan you purchase. If you do not agree, do not use the Services.
If you accept these Terms on behalf of a company or other organisation, you confirm you have authority to bind that entity, and "you" refers to that entity.
You must be at least 18 years old, or the age of majority in your jurisdiction, to enter into this agreement. You must provide accurate, current registration information and keep it updated.
You are responsible for all activity under your account, including any use of your login credentials, control panel, email accounts, and server root access. You must keep your passwords confidential and notify us promptly of any suspected unauthorised access. You are liable for any charges or damage arising from activity on your account that you did not authorise and report to us promptly.
You may not transfer your account without our written consent.
We provide shared web hosting, VPS servers, domain registration and transfer, and bespoke web development. The specific resources, limits, and features included with each Service are set out on our pricing pages and in the order form you accept at purchase. Features and resource allocations may differ between plans.
Domain names are registered subject to the rules and requirements of the relevant registry. We do not guarantee that any domain name is available or that a registration will be granted for a domain you request, and we may decline a registration where abuse is suspected or registry rules are not met.
For web development projects, scope, deliverables, timelines, and revision limits are set out in the quotation or proposal you accept. Unless agreed otherwise in writing, work begins once payment is received in full.
You agree not to use the Services to:
We may suspend any account or resource that breaches this section, as set out in section 8.
Fees are as shown on our pricing pages at the time of purchase. Recurring services are billed in advance for the term you select, monthly or yearly. Domain registrations are billed for the initial registration period and for each subsequent renewal.
You are responsible for all charges associated with your account, including renewals. Invoices are payable on issue. We may suspend or restrict a service for which payment is not received when due, after giving notice where practicable.
Where an invoice remains unpaid beyond thirty days, we may cancel the service and remove your data in accordance with section 8.
Our published prices do not include any taxes or duties that may be imposed by law in your jurisdiction. Where we are required to collect such amounts, we will add them to the invoice.
Recurring services renew automatically for a further period of the same length at the then-current price unless you cancel before the renewal date. For hosting and VPS services, renewal of a yearly plan is charged yearly; monthly plans renew monthly.
Domain names do not renew automatically unless you enable auto-renewal. If auto-renewal is enabled, the renewal fee is charged at the then-current registry price and is non-refundable once the renewal has been processed by the registry.
Where a domain has been auto-renewed and the new registration term is eligible under our then-current refund policy, you may request a refund by contacting us promptly. Where a domain has been transferred away, or the new term has been substantially consumed, no refund is due.
We may change our prices at any time. Changes take effect from your next invoice or renewal, and we will give reasonable notice for price increases affecting existing customers.
We do not offer a money-back guarantee. All fees are non-refundable once charged, except where these Terms expressly provide otherwise. In particular:
Where we grant a refund, we may do so at our sole discretion and it does not create a precedent or entitlement to future refunds.
You may cancel your Services at any time through the client portal or by contacting us. Cancellation takes effect at the end of the current paid term unless we agree otherwise or immediate termination is required to prevent harm.
We may suspend or terminate your Services, with or without notice, where:
Where a suspension or termination is not the result of your breach, we will restore the service and refund any prepaid fees for the unused period.
On termination, your right to use the Services ends. We will provide a reasonable opportunity to retrieve your data, and we may delete your files, databases, email, and domain data after that period. We may retain a copy where required by law or to establish or defend legal claims. Fees already paid for the terminated term are non-refundable.
We target 99.9% uptime for our hosting and VPS infrastructure. Uptime commitments are provided on a monthly basis unless otherwise stated on the relevant plan page.
Uptime is calculated excluding periods caused by:
Where uptime credits are offered on a plan, they are subject to the claim process and caps set out on that plan and do not constitute a guarantee of availability.
You retain all rights to the content you upload, publish, or store on the Services ("Customer Content"). You grant us a limited, non-exclusive licence to host, copy, transmit, and display Customer Content solely to the extent needed to operate the Services and to provide you with them.
You are solely responsible for your Customer Content, including its accuracy, legality, and compliance with third-party rights, and for maintaining your own backups of anything important. We provide daily backups of shared hosting as a convenience, but backups may be retained for a limited period and are not an archive.
Backups and service credits are not a substitute for your own backups. To the extent permitted by law, we are not liable for loss or corruption of Customer Content arising from your failure to maintain a valid backup, or from actions you or a third party took on your account.
Each plan includes stated resources such as storage, bandwidth, vCPU, and RAM. You must keep usage within the limits of your plan. Where sustained use of a shared plan would adversely affect other customers, we may require you to move to a higher plan or a dedicated resource.
Continuous CPU use, high outbound traffic, mail sending, and similar resource-intensive activity may require a higher plan. We will notify you before taking action where practicable.
All content on our website, including text, graphics, logos, and software, and all rights in our brand and platform, are owned by NelcByte or our licensors. We grant you a limited, revocable, non-transferable licence to use and display our website and materials solely for the purpose of using our Services. You may not copy, reproduce, or republish substantial parts of our site or reverse engineer our software without written consent.
On termination, all rights granted under this section end immediately.
Our Services may allow you to install or use third-party software, applications, plugins, themes, and services, including open source software. Those components are provided and maintained by their respective owners under their own terms and licences, and are not covered by our warranties, support commitments, or uptime commitments.
Third-party features you subscribe to directly, such as premium plugins, licences, or marketplace products, are billed and governed by their own providers.
Our website links to external services, including our client portal and tools portals. We do not control and are not responsible for third-party websites, products, or services, or for their availability, content, or privacy practices. Links are provided for convenience and do not imply endorsement.
Except as expressly stated in these Terms, the Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by law, we disclaim all implied warranties, conditions, and terms, including implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, and non-infringement.
We do not warrant that the Services will be uninterrupted, error-free, or completely secure, that any result will meet your specific business requirements, or that Customer Content will be preserved without loss.
To the maximum extent permitted by law, neither party is liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or anticipated savings, arising out of or relating to the Services or these Terms, even where advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability to you for all claims arising out of or relating to the Services or these Terms is limited to the total fees you paid to NelcByte in the twelve months immediately preceding the event giving rise to the claim.
Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including for fraud, death or personal injury caused by negligence, or for any other liability that applicable law does not permit us to exclude.
You agree to defend, indemnify, and hold harmless NelcByte, its directors, employees, and suppliers from and against any third-party claim, loss, damage, or expense, including reasonable legal fees, arising from or connected to your Customer Content, your use of the Services in breach of these Terms, your infringement of a third party's rights, or your violation of applicable law.
If any provision of these Terms is held invalid or unenforceable, that provision is modified to the minimum extent necessary to make it enforceable, or if it cannot be modified, it is severed, and the remaining provisions continue in full force.
A failure by either party to enforce a provision is not a waiver of that party's right to enforce it later. You may not assign your rights under these Terms without our written consent. We may assign these Terms on notice to you, including to a successor of the business.
These Terms are governed by and construed in accordance with the laws of Zimbabwe. You and NelcByte submit to the exclusive jurisdiction of the courts of Zimbabwe in respect of any dispute arising out of or relating to these Terms or the Services.
Before commencing proceedings, you agree to attempt in good faith to resolve the dispute with us by contacting our support team, so that most issues can be resolved quickly. We will engage with your complaint in good faith and aim to respond within a reasonable time.
We may update these Terms from time to time. We will post the revised version on this page and update the "Last updated" date. Where a change materially reduces your rights or increases your obligations, we will give you at least thirty days' notice by email or through the client portal before the change takes effect.
If you do not object to a change within that period, the revised Terms take effect from the date specified. If you continue to use the Services after that date, you are deemed to have accepted the revised Terms. If you object, you may terminate the affected Service and we will refund any prepaid, unused fees for the period before termination.
Questions about these Terms of Service are welcome.
