1. Overview

    • These Terms of Service (the “Agreement”) is entered into by and between Bestcom Company Limited, a Tanzanian private limited company ("Bestcom") and you, and is made effective as of the date you start using the services. This Agreement sets forth the terms and conditions of your use of the products and services made available by bestcom.tz and bestcom.co.tz websites (individually and collectively, the “Services”), and represents the entire agreement between you and Bestcom concerning the subject matter hereof. By using the Services, signifies that you have read, understand, acknowledge and agree to be bound by this Agreement or policies that are expressly incorporated herein. If you do not agree to be bound by this Agreement, you are not authorized to use or access the Services.

    • The terms “we”, “us” or “our” shall refer to Bestcom. The terms “you”, “your”, “User” or “customer” shall refer to you or any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits. Bestcom may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to our Websites. Your use of the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) the Services. In addition, Bestcom may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Bestcom assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

2. Account Eligibility and Transfer of Data

    • (a) Services are available only to Users who can form legally binding contracts under applicable law, by registering for or using the Services, you represent and warrant that: (i) You are at least eighteen (18) years of age. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement (ii) If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take in connection with the Services.
      (b) You represent and warrant to Bestcom that all information you submit when you create your Account and on other registration forms is accurate, current and complete, including an email address that is different from the domain you are signing up under, and that you will keep your Account information accurate, current and complete. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. If Bestcom has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Bestcom reserves the right, in its sole and absolute discretion, to suspend or terminate your Account (i) Bestcom is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain (ii) You agree to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
      (c) You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s). Bestcom will not be liable for any loss you incur due to any unauthorized use of your Account.
      (d) Our Servers are located in the United States of America (U.S.A), service and any data you provide to Bestcom is hosted in U.S.A, unless otherwise stated. If you access the service from a country other than the country in which our servers are located, you are voluntarily transferring information (potentially including personally-identifiable information) and content across international boundaries and you consent to such transfers and you agree that our collection, use, storage and sharing of your information and content is subject to the laws of U.S.A., and not United Republic of Tanzania.

3. User Obligations and Rules of Conduct

    • (a) Backup and Security.
      You shall be solely responsible for undertaking measures to: (1) prevent any loss or damage to your website or server content; (2) maintain independent archival and backup copies of your website or server content; and (3) ensure the security, confidentiality and integrity of all your website or server content transmitted through or stored on our servers.
      You are solely responsible for backing-up all User Content, including but not limited to, any User Websites, Emails and Databases. Bestcom does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
      Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content.
      You shall not use Bestcom Services in any way that shall impair the functioning or operation of it or any equipment used to operate it. Including but not limited to, you shall not use the Services as: (1) a repository or storage for files; and/or (2) a place to store material that can be downloaded through other websites. If we detect an infringement of aforementioned restrictions, you may be issued a disk space violation warning at 10GB, and will be required to reduce the number of used gigabytes in your account. We reserve the right to temporarily suspend disk write functionality, in our sole discretion, when account size reaches 10GB. You acknowledge and agree that we have the right to carry out a forensic examination in the event of a compromise to your server or account.
      (b) Data Protection and Security.
      You shall be solely responsible and liable for compliance with applicable privacy and personal data protection requirements including but not limited to any personal information, data or content collected through, stored or otherwise processed in relation to Hosting Services on your website or user content. You shall at all times remain data controller of any such personal data without any liability of whatsoever nature to Bestcom. You will not provide us any personal information with respect to your clients, visitors, end-users.
      You acknowledge that Bestcom may in certain limited cases have access to information and communications systems for the purposes set forth in this Agreement. However, in cases of such limited access Bestcom will not become controller, processor, sub-processor or receiver of any such data.
      Without limitations to the generality of the foregoing, you shall be solely responsible for installation of organizational and technical security measures sufficiently protecting personal data stored or processed on your website or server.
      (c) Website/Server Content.
      You shall be solely responsible for providing, updating, uploading and maintaining your website or server and any and all files, pages, data, works, information and/or materials on, within, displayed, linked or transmitted to, from or through your website or server including, but not limited to, trade or service marks, images, photographs, illustrations, graphics, audio clips, video clips, email or other messages, meta tags, domain names, software and text.
      You acknowledge and agree that in the course of providing you with technical assistance, it may be necessary for our support staff to modify, alter or remove the content of your hosted product. Your website or server content shall also include any registered domain names provided by you or registered on behalf of you in connection with the Services.
      (d) Abusive Activities.
      You acknowledge and agree that you may not use our servers and your website as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, denial of service, or other abusive activities. Server hacking or other perpetration of security breaches is prohibited and we reserve the right to remove sites containing information about hacking or links to such information. Use of your website as an anonymous gateway is prohibited. We prohibit the use of software or scripts run on our servers that cause the server to load beyond a reasonable level, as determined by us.
      You agree that we reserve the right to suspend or terminate your website if you are in violation of this Agreement and/or there are activities that threaten the stability of our network.
      You agree not to engage in unacceptable use of the Services, which includes, without limitation, use of the Services to: (1) disseminate or transmit any material that, to a reasonable person may be grossly offensive, vulgar or malicious; (2) attempt to mislead any person as to the identity, source or origin of any communication; (3) interfere, disrupt or attempt to gain unauthorized access to any computer system, server, network or account for which you do not have authorization to access or at a level exceeding your authorization; (4) engage in any other activity deemed by us to be in conflict with the spirit or intent of this Agreement or any of our policies; or (5) use your server as an “open relay” or for similar purposes.
      We prohibit the running of a public recursive DNS service on any of our servers. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public DNS services and reserve the right to remove any servers from the network that violate this restriction.
      Your website may not include any of the following content: (1) image hosting scripts that allow an anonymous user to upload an image for display on another website (similar to Photobucket or Tinypic); (2) banner ad services for display on other websites or devices (commercial banner ad rotation); (3) file dump/mirror scripts that allow an anonymous user to upload a file for other to download (similar to rapidshare); (4) commercial audio streaming; (5) push button mail scripts that allow the user to specify recipient email addresses; (6) anonymous or bulk SMS gateways; (7) backups of content from another computer or website; (8) Bittorrent trackers; or (9) any script that causes a degradation in the performance of our server or network environment.

4. Bestcom Content

    • Except for User Content (as defined below), all content available through the Services, including text, designs, scripts, source code, API, graphics, images, sounds, audio, music, video, interactive features and the trademarks, service marks and logos contained therein, artwork, website templates and widgets, literary work, applications and other media, animations, interfaces, derivatives and versions thereof, methods, products, algorithms, data, interactive features and objects, advertising and acquisition tools and methods, customized URLs and all copyrightable materials, information, software and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Bestcom Content"), are the proprietary property of Bestcom or Bestcom's licensors. Bestcom Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Bestcom Content. Any use of Bestcom Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Bestcom Content. All rights to use Bestcom Content that are not expressly granted in this Agreement are reserved by Bestcom and Bestcom's licensors.

5. User Content

    • (a) User shall own all intellectual property pertaining to User Content and to any other materials created, developed, or connected to Services by User, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, source-code, algorithms, APIs, databases, software, interfaces, text and literary works.
      (b) You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, "User Content"). User Content includes any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Bestcom that (i) you have all the necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
      (c) Solely for purposes of providing the Services, you hereby grant to Bestcom a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Bestcom does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
      (d) Bestcom exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Bestcom's computers, network hubs and points of presence or the Internet. Bestcom does not monitor User Content. However, you acknowledge and agree that Bestcom may, but is not obligated to, immediately take any corrective action in Bestcom's sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Bestcom shall have no liability due to any corrective action that Bestcom may take.
      (e) You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Bestcom to provide the Services, which may be changed by Bestcom from time to time in our sole discretion.
      (f) With Respect to User Submissions. You acknowledge and agree that:
      User Submissions are entirely voluntary and do not establish a confidential relationship or obligate Bestcom to treat your User Submissions as confidential or secret.
      Bestcom has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
      Bestcom may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken/will take some other action. Bestcom shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

6. Third Party Products and Services

    • (a) Third Party Providers
      Bestcom may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
      Bestcom does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Bestcom is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
      (b) Bestcom as Reseller or Licensor
      Bestcom may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Bestcom Products"). Bestcom shall not be responsible for any changes in the Services that cause any Non-Bestcom Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Bestcom Products, either sold, licensed or provided by Bestcom to you will not be deemed a breach of Bestcom's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Bestcom Product are limited to those rights extended to you by the manufacturer of such Non-Bestcom Product.
      You are entitled to use any Non-Bestcom Product supplied by Bestcom only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Bestcom Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Bestcom Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
      (c) Third Party Websites
      The Services may contain links to other websites that are not owned or controlled by Bestcom ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party's terms and policies, including privacy and data gathering practices of any website to which you navigate.

7. Monitoring of Content

    • Bestcom generally does not pre-screen User Content (whether posted to a website hosted by Bestcom or posted to this Site). However, Bestcom reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Bestcom may remove any item of User Content (whether posted to a website hosted by Bestcom or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Bestcom in its sole and absolute discretion), at any time and without prior notice. Bestcom may also terminate a User’s access to this Site or the Services found at this Site if Bestcom has reason to believe the User is a repeat offender. If Bestcom terminates your access to this Site or the Services found at this Site, Bestcom may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. Limitations and Resource Usage

    • (a) You acknowledge and agree that as a normal course of business, it may be necessary for us to migrate our servers without notice, it may be in order to comply with applicable data center policies, local law or for technical or other reasons. As a result, you may be assigned a different IP Address, even if you have a dedicated IP. We do not warrant that you will be able to consistently maintain your given IP Addresses.
      (b) All Hosting plans, including the unlimited plans, are subject to the following (but not limited) limitations: Inode count, Database size, CPU power, amount of RAM, Entry Processes and Active Processes. In the event plan limitations are exceeded, you may need to reduce the number of files or database size, your site may slow down or not be served until resources are released or more resources are added, and your site may be temporarily or permanently suspended, in our sole discretion. More resources may be added at any time by upgrading the plan. Bestcom reserves the right to change the plan limits at any time and such changes shall be posted online at our websites.
      (c) Unlimited Disk Space/Bandwidth/Website Plans. This means that we do not charge according to the amount of disk space or bandwidth you use, but we do require all customers to be fully compliant with our Terms and Conditions and to only utilize disk space and bandwidth in the normal operations. However, in the event your service usage or content presents a risk to the stability, performance or uptime of our servers, data storage, networking or other infrastructure, you may be required to reduce usage, upgrade your current Plan or we may take action to restrict the resources your website is utilizing.
      (d) All use of hosting space provided by Bestcom is subject to the terms of this Agreement and the Acceptable Use Policy. Bestcom expressly reserves the right to review every shared account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Bestcom may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Bestcom's terms and conditions.
      (e) Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.
      (f) Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased and can be viewed in your control panel.
      (g) Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

9. Additional Reservation of Rights

    • (a) Bestcom expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Bestcom in its sole and absolute discretion), including but not limited to the following;
      (i) To correct mistakes made by Bestcom in offering or delivering any Services (including any domain name registration).
      (ii) To protect the integrity and stability of, and correct mistakes made by, any domain name registry.
      (iii) To assist with our fraud and abuse detection and prevention efforts.
      (iv) To comply with court orders against you and/or your domain name or website and applicable local and international laws, rules and regulations.
      (v) To comply with requests of law enforcement, including subpoena requests.
      (vi) To comply with any dispute resolution process.
      (vii) To defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
      (viii) To avoid any civil or criminal liability on the part of Bestcom, its officers, directors, employees and agents, as well as Bestcom ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Bestcom.
      (b) Bestcom expressly reserves the right to access, edit, and (or) in any other way modify your Account and (or) Services, including but not limited to, User Submissions and User Content, in order to assist you when you reach out to the Customer Service via live chat, email or ticketing system or any other way described in Customer Service Policy. Bestcom shall not be liable for any loss or damage resulting from such actions.

10. Billing and Payment Information

    • (a) Prepayment
      You agree to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
      (b) Autorenewal
      Unless otherwise provided, you agree that until and unless you notify Bestcom of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
      (c) Taxes
      Listed fees for the Services do not include any applicable taxes imposed by any taxing authority. Any applicable taxes will be added to Bestcom's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
      (d) Late Payment
      All invoices must be paid within seven (7) days of the invoice due date. Any invoice that is outstanding for more than seven (7) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Bestcom may suspend or terminate your account and pursue the collection costs incurred by Bestcom, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. Bestcom will not activate new orders or activate new packages for customers who have an outstanding balance on their account. All suspended accounts are subject to being reclaimed and all content deleted if you fail to make a timely payment. If you make a late payment, contact Bestcom to reactivate your service in case it hasn’t occurred automatically.
      (e) Domain Payments
      It is solely your responsibility to notify Bestcom's Billing department via a support ticket after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Bestcom is not responsible for a failure to renew a domain or a failure to notify a customer about a domain's renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.
      (f) Fraud
      It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Bestcom may report any such misuse or fraudulent use, as determined in Bestcom's sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
      (g) Invoice Disputes
      You have ninety (90) days to dispute any charge or payment processed by Bestcom. If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.

11. Cancellations and Refunds

    • (a) Refund Eligibility
      There will be no refund if client loses interest or cancel the hosting plan by any reason. We will only issue refund if we failed to bring client service online within 24hrs for the reason that is caused by Bestcom and that was not communicated with client prior downtime.
      (b) Non-refundable Products and Services
      There are completely no refunds on administrative fees, SSL Certificate, domain names and installation fees for custom software.
      (c) Domains
      Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Bestcom's Billing department to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed.
      (d) Foreign Currencies
      Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Tanzania Shillings and will reflect the exchange rate in effect on the date of refund. All refunds are subject to this fluctuation and Bestcom is not responsible for any change in exchange rates between the time of payment and the time of refund.
      (e) Termination
      Bestcom may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Bestcom or others or cause Bestcom or others to incur liability, as determined by Bestcom in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Bestcom shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Bestcom may charge you for all fees due for the Services for the remaining portion of the then current term.
      Upon termination of the services for any reason, all free products provided as part of the Services will be cancelled or revoked, user content, user websites, and other data will be deleted.
      You acknowledge and agree that prior to termination of the Services, you are responsible for moving user content (including website and emails) off our servers. We will not transfer or FTP user content to another provider. If you fail to move user content off our servers prior to cancellation, then all such content will be deleted and we will not be able to provide a copy of such content.

12. Service Uptime Guarantee

    • We offer a Service uptime guarantee of 99.9% (“Service Uptime Guarantee”) of available time per month. If we fail to maintain this Service Uptime Guarantee in a particular month (as solely determined by us), you may contact us and request a credit of 5% of your monthly hosting fee for that month. The credit may be used only for the purchase of further products and services from us, and is exclusive of any applicable taxes. The Service Uptime Guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you from custom scripting, coding or the installation of third-party applications; (3) outages that do not affect the appearance of your website but merely affect access to your website such as FTP and email; (4) causes beyond our control or that are not reasonably foreseeable, including, but not limited to, DDOS attacks and IP blacklists; and (5) outages related to the reliability of certain programming environments.

13. Price Change

    • Bestcom reserves the right to change prices or any other charges at any time. We will provide you with at least thirty (30) days notice before charging you with any price change on any annual or longer term plans. It is your sole responsibility to periodically review billing information provided by Bestcom through the user billing tool or through other methods of communication, including notices sent or posted by Bestcom.

14. Coupons

    • Discounts and coupon codes are reserved for first-time accounts or first-time customers only and may not be used towards the purchase of a domain registration unless otherwise specified. If you have previously signed up using a particular domain, you may not sign up again for that domain using another coupon at a later date. Any account found in violation of these policies will be reviewed by our Sales department and the appropriate charges will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of your account. All coupons and discounts are only valid towards the initial purchase and do not affect the renewal or recurring price.

15. Limitation of Liability


16. Indemnification

    • You agree to indemnify, defend and hold harmless Bestcom, our affiliates, and their respective officers, directors, employees and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all 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 any of the Indemnified Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

17. Arbitration

    • By using the Services, you hereby submit to the exclusive jurisdiction of the Tanzania Arbitration Association ("TAA") in connection with any dispute relating to, concerning or arising out of this Agreement. The arbitration will be conducted before a single arbitrator chosen by Bestcom and will be held at the TAA location chosen by Bestcom. Payment of all filing, administrative and arbitrator fees will be governed by the TAA's rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Bestcom will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the TAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. All decisions rendered by the arbitrator will be binding and final. The arbitrator's award is final and binding on all parties. The arbitrator's authority to resolve and make written awards is limited to claims between you and Bestcom alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against Bestcom in violation of this paragraph, you agree to pay Bestcom's reasonable costs and attorneys' fees incurred in connection with our enforcement of this paragraph.

18. Independent Contractor

    • Bestcom and User are independent contractors and nothing contained in this Agreement places Bestcom and User in the relationship of principal and agent, partners or joint ventures or otherwise. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

19. Governing Law; Jurisdiction

    • Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the United Republic of Tanzania. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

20. Disclaimer

    • Bestcom shall not be responsible for any damages your business may suffer. Bestcom makes no warranties of any kind, expressed or implied for the Services. Bestcom disclaims any warranty of merchantability or fitness for a particular purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and any and all service interruptions caused by Bestcom or our employees.

21. Backups and Data Loss

    • Your use of the Services is at your sole risk. Bestcom's backup service runs once a week or month depending on current server load and overwrites any of our previous backups. Only one week/month of backups are kept at a time. This service is provided only to shared accounts as a courtesy and may be modified or terminated at any time at Bestcom's sole discretion. Bestcom does not maintain backups of VPS and dedicated servers. Bestcom is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Bestcom's servers. Any shared account using more than 10GB of disk space will be removed from our off site weekly backup with the exception of databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure .

22. Limited Warranty


23. Disclosure to Law Enforcement

    • Bestcom may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies.

24. Entire Agreement

    • This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby. The headings herein are for convenience only and are not part of this Agreement.

25. Severability

    • If any provision or portion of any provision of this Agreement is found to be illegal, invalid or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

26. Waiver

    • No failure or delay by you or Bestcom to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.

27. Assignment; Successors

    • You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Bestcom. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Bestcom may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

28. Force Majeure

    • Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labour disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

29. Third-Party Beneficiaries

    • Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against user as if it were a party to this Agreement.