Terms of Service

01 Agreement to Terms

These Terms of Service ("Terms") govern your access to and use of all services offered by Kenya Data Centre Limited ("KDC", "we", "us") including web hosting, VPS, dedicated servers, cloud services, domain registration, email hosting, SSL certificates, and our website at www.kenyadatacentre.com.

These Terms are effective from the date you first access or use our services. They are supplemented by our Privacy Policy and Refund Policy, which are incorporated herein by reference.

02 Eligibility & Account Registration

• You must be at least 18 years of age to create an account and purchase services.
• You must provide accurate, complete, and current registration information at all times.
• You are responsible for maintaining the confidentiality of your account credentials.
• You are liable for all activity occurring under your account.
• You must notify us immediately at info@kenyadatacentre.com if you suspect unauthorised access to your account.
• KDC reserves the right to refuse registration or cancel accounts at its discretion.

03 Services & Service Levels

3.1 Uptime Commitment

KDC commits to a 99.9% monthly uptime SLA for shared hosting, VPS, and dedicated server services, excluding scheduled maintenance windows (which will be communicated at least 24 hours in advance) and force majeure events.

3.2 Service Credits

In the event of downtime exceeding our SLA, customers are entitled to service credits as follows:

Service credits must be requested within 14 days of the incident by contacting info@kenyadatacentre.com. Credits apply to future invoices and cannot be redeemed as cash.

3.3 Modifications to Services

KDC may modify, upgrade, or discontinue any service with 30 days' prior written notice. We will make reasonable efforts to offer comparable alternatives.

04 Payment & Billing

• All prices are quoted in Kenyan Shillings (KES) unless otherwise stated, and are inclusive of applicable taxes.
• Payment is due in advance of the billing period. Services may be suspended if payment is not received by the due date.
• We accept M-Pesa (Lipa na M-Pesa), Airtel Money, Visa, Mastercard, and bank transfer.
• Prices are subject to change with 30 days' written notice. Price changes do not apply to pre-paid periods already billed.
• Automatic renewal is enabled by default. You may disable auto-renewal from your client portal at any time before the renewal date.
• Domain names renewed after expiry may incur a redemption fee charged by the registry.

05 Acceptable Use Policy

You agree to use KDC services only for lawful purposes and in a manner consistent with all applicable Kenyan laws, regulations, and international standards. You must not use our services to:

• Violate any local, national, or international law or regulation
• Infringe the intellectual property rights of third parties
• Transmit unsolicited commercial communications (spam)
• Distribute malware, viruses, or other malicious software
• Conduct distributed denial-of-service (DDoS) attacks
• Exploit or harm minors in any way
• Engage in cryptocurrency mining without KDC's express written consent
• Resell KDC resources without a valid reseller agreement

06 Prohibited Content & Activities

The following content and activities are strictly prohibited on KDC infrastructure:

• Child sexual abuse material (CSAM) or any content exploiting minors
• Content promoting terrorism, hate speech, or inciting violence
• Phishing websites, fraudulent pages, or social engineering attacks
• Illegal gambling or unlicensed financial services targeting Kenyan consumers
• Pirated software, music, films, or other copyright-infringing material
• Adult content without age-verification compliance under Kenyan law
• Any content that violates the Kenya Computer Misuse and Cybercrimes Act, 2018

KDC reserves the right to immediately suspend and terminate accounts hosting prohibited content and to report illegal activity to the relevant Kenyan authorities.

07 Suspension & Termination

7.1 Suspension by KDC

KDC may suspend your service immediately and without notice if:

• Your account hosts prohibited content or is engaged in a prohibited activity
• Your server or website is actively conducting or participating in a cyber attack
• Continued operation poses a security risk to KDC or other customers

For non-emergency cases (e.g., terms violations not posing immediate risk), KDC will provide 48 hours' notice before suspension.

7.2 Termination by Customer

You may cancel your services at any time through the client portal. Cancellation takes effect at the end of the current billing period. Please also review our Refund Policy for eligibility.

7.3 Data After Termination

Upon termination, all data associated with your account will be permanently deleted within 14 days. KDC is not responsible for data loss following account termination. Please ensure you have downloaded all necessary data before cancelling.

08 Data, Backups & Security

While KDC performs automated backups as part of most plans, you are ultimately responsible for maintaining your own backups of all data hosted on our servers. KDC's backups are provided as a convenience and are not guaranteed to be complete or error-free.

You are responsible for:

• Maintaining strong, unique passwords for your hosting account and applications
• Keeping your CMS (WordPress, etc.) and plugins up to date
• Promptly notifying KDC of any suspected security breaches
• Ensuring your content does not introduce vulnerabilities to shared hosting environments

09 Intellectual Property

All content on the KDC website — including logos, trademarks, text, graphics, and software — is the property of Kenya Data Centre Limited and is protected under Kenyan and international intellectual property law. You may not reproduce, distribute, or create derivative works without our express written permission.

You retain full ownership of all content you upload or create on our servers. By using our services, you grant KDC a limited licence to host, cache, and deliver your content solely to provide the agreed services.

10 Limitation of Liability

To the maximum extent permitted by Kenyan law, KDC's total liability to you for any claim arising from these Terms or your use of our services shall not exceed the total fees paid by you to KDC in the three (3) months immediately preceding the event giving rise to the claim.

KDC shall not be liable for:

• Loss of profits, revenue, data, goodwill, or business opportunities
• Indirect, incidental, special, or consequential damages
• Damages arising from force majeure events (power failures, natural disasters, government actions)
• Third-party service outages beyond KDC's reasonable control

11 Indemnification

You agree to indemnify, defend, and hold harmless Kenya Data Centre Limited, its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising from:

• Your breach of these Terms
• Your use of our services in violation of any applicable law
• Content you host on our infrastructure that infringes third-party rights
• Any claim by a third party arising from your conduct

12 Dispute Resolution

We encourage you to contact us first at info@kenyadatacentre.com to resolve any dispute informally. We will endeavour to resolve complaints within 10 business days.

If a dispute cannot be resolved informally, the parties agree to submit to binding arbitration under the Nairobi Centre for International Arbitration (NCIA) rules before initiating any court proceedings.

13 Governing Law

These Terms are governed by and construed in accordance with the laws of the Republic of Kenya. Any disputes not resolved by arbitration shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya.

14 Amendments

KDC reserves the right to modify these Terms at any time. Material changes will be communicated via email and a notice on our website at least 14 days before they take effect. Your continued use of our services after the effective date constitutes acceptance of the revised Terms.

15 Contact Information