Terms and Conditions
Your right to update terms and how users are notified.
Effective Date: The date of the email sent to you by Braysons HOST (BRAYSONS ENGINEERING CONS LTD) expressly confirming acceptance of your order, or the date you accept these terms and conditions.
1. GENERAL TERMS AND CONDITIONS
These General Terms and Conditions contain the general provisions applicable to all Services; the specific Product Terms and Conditions containing the additional terms for the particular Hosting Services you are buying; and the Acceptable Use Policy (AUP).
By completing an order, using the services, or activating an account with Braysons HOST (BRAYSONS ENGINEERING CONS LTD), you enter into a legally binding agreement governed by these terms.
2. DEFINED TERMS
Some words used in the Agreement have particular meanings:
“Acceptable Use Policy” or “AUP” means the Braysons HOST (BRAYSONS ENGINEERING CONS LTD) Acceptable Use Policy outlined herein.
“Affiliate” means a subsidiary or holding company of either party to this Agreement and any subsidiary of such holding company.
“Business Day” or “Business Hours” means 8:00 a.m. – 5:00 p.m. Monday through Friday, excluding public holidays in Kenya.
“Confidential Information” means all information disclosed by one of us to the other, whether before or after the effective date of the Agreement, that the recipient should reasonably understand to be confidential, including:
For you, all information transmitted to or from, or stored on, your Hosted System.
For both of us, information that is marked or otherwise conspicuously designated as confidential.
Information that is independently developed by one of us, without reference to the other’s Confidential Information, or that becomes available to one of us other than through breach of the Agreement or applicable law, shall not be “Confidential Information” of the other party.
“Country Specific Terms” means the addendum or addenda that may be incorporated into your Hosting Services Agreement if a portion of your Services are to be provided from a non-Kenyan jurisdiction for which we have special legal terms.
“Hosted System” means a combination of hardware, software, and networking elements that comprise an information technology system. Depending on the Services you are buying, the Hosted System may consist of a dedicated system for your use only, or the right to use certain parts of a shared system that Braysons HOST (BRAYSONS ENGINEERING CONS LTD) maintains for many customers, or a combination of some dedicated elements and some shared elements.
“Hosting Services” means:
Braysons HOST (BRAYSONS ENGINEERING CONS LTD) provision for your use of the Hosted System described in the Services Description, and
Support.
“Product Terms and Conditions” means the terms and conditions for the particular Hosting Services you are buying.
“Services Description” means a written description of the Hosted System and/or Supplementary Services you are buying from Braysons HOST (BRAYSONS ENGINEERING CONS LTD), and related fees, that is incorporated by reference in the Agreement, including any “plan” or other name given to a Services description that you submit to Braysons HOST (BRAYSONS ENGINEERING CONS LTD) as part of an online order process.
“Service Level Guarantee(s)” means:
A guarantee or guarantees identified as a “Service Level Guarantee” or “Service Level Guarantees” in the applicable Product Terms and Conditions, or
Any provision which provides a specified credit or financial remedy for an identified failure to deliver or provide the Services.
“Services” means Hosting Services and Supplementary Services, collectively.
“Supplementary Services” means those Services you purchase from Braysons HOST (BRAYSONS ENGINEERING CONS LTD) other than the Hosting Services, including time and materials based professional or consulting services (such as database administration or “DBA” services), one-time or non-recurring services which are not part of the existing Support (such as support for the application that you operate on your Hosted System), and any other services identified as “Supplementary Services” on the applicable Services Description.
“Support” has the meaning stated in the applicable Product Terms and Conditions.
3. DOMAIN NAME REGISTRATION
Braysons HOST (BRAYSONS ENGINEERING CONS LTD) offers domain name registration and renewal services in partnership with ICANN accredited registrars. Braysons HOST (BRAYSONS ENGINEERING CONS LTD) processes registration and renewal services through these respective registrars at its discretion.
3.1 Pricing & Promotional Offers
Promotional offers, including special introductory rates, promotional rates, or any non-regular pricing, are only available to new customers and are only valid for the initial term. All domain names registrations will renew at the regular renewal rate.
3.2 Automatic Domain Renewal
Domain names which have opted in to the Automatic Domain Renewal service, and any optional features associated with them, will be automatically renewed for the minimum term available for that domain type at the regular renewal rate 6 days prior to expiry. You will be solely responsible for all renewal costs and for any other costs in doing so. Members may choose to opt in or out of the Automatic Domain Renewal service via the Client Area.
3.3 Free Domain Exceptions
If your hosting plan includes a free domain name, Braysons HOST (BRAYSONS ENGINEERING CONS LTD) may automatically renew your domain name for you upon expiry as part of your hosting plan’s benefits, regardless of your Automatic Domain Renewal settings.
3.4 Lock and Transfer Restrictions
You acknowledge and agree that you may not transfer the domain name registration to another domain name registrar during the first 60 days of the initial registration, or within 60 days of any successful transfer. Braysons HOST (BRAYSONS ENGINEERING CONS LTD) is authorized to deny any such transfer requests.
You acknowledge and agree that Braysons HOST (BRAYSONS ENGINEERING CONS LTD) may, but is not obligated to, place your domain name in a Domain Lock status to prevent unauthorized or hostile transfers of your domain name.
Domain transfer services are included only for active domain names that are either registered or renewed through Braysons HOST (BRAYSONS ENGINEERING CONS LTD) at the regular rate. Clients may transfer expired domain names and domain names that were purchased at a promotional rate to another domain name registrar by paying a Domain Transfer Fee. The Domain Transfer Fee is based on the domain type and is subject to any applicable taxes.
4. TERMINATION, PLAN CHANGES & REFUND POLICY
4.1 Termination by the Company
Braysons HOST (BRAYSONS ENGINEERING CONS LTD) may terminate your Service under the following circumstances (non-exclusive list):
Non-payment of fees.
You are in breach of any term or condition of this Agreement.
Your use of the Service disrupts Braysons HOST (BRAYSONS ENGINEERING CONS LTD) business operations or affects any other party.
Important Data Notice: All client data is completely removed from Braysons HOST (BRAYSONS ENGINEERING CONS LTD) servers upon account termination under these circumstances.
4.2 Customer Cancellation & Verification
You may request account termination or hosting plan changes at any time by contacting our Customer Service team either through phone or service ticket. When submitting your cancellation request, you must provide the correct Client email and password for your account for verification. Incomplete cancellation requests will be deemed invalid and will not be processed. You will be responsible for any service fees that arise from your failure to cancel your account.
4.3 Customer Requested Cancellation Notice
1–1 Dedicated Servers: Customer agrees to notify us of a request to cancel at least 15 days prior to the next bill date.
2–9 Dedicated Servers: When canceling two (2) or more dedicated servers within any given 30-day period, the customer agrees to notify us of a request to cancel at least 30 days prior to the next bill date.
10+ Dedicated Servers: When canceling ten (10) or more dedicated servers within any given 30-day period, the customer agrees to notify us of a request to cancel at least 60 days prior to the next bill date.
4.4 Non-Refundable Services
Refunds will not be given for services that are billed monthly or for one-time service fees, such as:
Web design fees
File recovery fees
WHMCS modules
WordPress plugins
Domain redemption fees, etc.
4.5 Hosting Services Refund Conditions (30-Day Money Back Guarantee)
You are eligible for a refund on hosting services that are not billed monthly under the following circumstances:
New Sign-ups: If you cancel your account within 30 days of sign-up, you will, upon request, receive a full refund on the hosting fees paid, less any setup fees or one-time service fees.
Renewals: If you cancel your account within 30 days of a hosting service renewal, you will, upon request, receive a full refund on the hosting fees paid on your most recent renewal.
Plan Changes: If you cancel your account within 30 days of a hosting plan change, you will, upon request, receive a full refund on the hosting fees paid on your most recent hosting plan change, less any setup fees or one-time service fees.
4.6 Free Domain Clawback / Reimbursement
If your hosting plan includes a free domain name, you will be required to pay a Domain Reimbursement Fee to reimburse Braysons HOST (BRAYSONS ENGINEERING CONS LTD) for the domain name registration when you do any of the following before your hosting plan subscription expires:
You cancel your hosting plan subscription.
You change to a hosting plan or term that does not offer a free domain name.
You transfer the domain name to another domain registrar.
The amount of this fee will vary depending on the domain type and on the registration term. Only one refund may be issued for each invoice. Braysons HOST (BRAYSONS ENGINEERING CONS LTD) reserves the right to grant or deny any refund requests. Domain name registrations, regardless of whether it is an initial registration or a renewal of an existing registration, cannot be cancelled and will remain in effect until the end of the registration term.
4.7 Hosting Refund & Free Domain Nuances
We have a 30 days money back guarantee for hosting services 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. That is to mean that the refund will be less the price of the domain. The exemption for this is if the domain name involved is a .co.ke. In such a case, the full amount will be refunded.
4.8 Virtual Private Server (VPS) Refund Policy
For the VPS, you can only request for a refund before the given service credentials are shared with you. In case the credentials have been shared, you cannot request for a refund. This is in consideration that the VPS requires licenses which have to be paid for before they can be live, and once the credentials are shared, it means we have already procured the given licenses which do not have a money-back option.
4.9 Domain Name Purchases Refund Policy
We do not issue refunds for purchases of domain names since we incur almost the same amount to pay the registry. The exemption is with .co.ke domains, with which we get refunds. The refund for a .co.ke domain name must be requested within 28 days. Refunds for a qualifying domain-only purchase made after 28 days shall not be processed.
4.10 Refund Processing Schedule
We process refunds on Fridays. If a refund is requested, it will be paid on the first Friday after the request was made. If a request is made on a Friday, the refund will NOT be processed on the same Friday but on the following Friday.
5. PROHIBITED CONDUCT & ACCEPTABLE USE POLICY (AUP)
5.1 Anti-Spam Policy
Braysons HOST (BRAYSONS ENGINEERING CONS LTD) does not allow the use of unsolicited commercial email (“Spam”) to promote products or services. Any Client engaging in the sending of Spam through the Braysons HOST (BRAYSONS ENGINEERING CONS LTD) network or promoting information on websites hosted by Braysons HOST (BRAYSONS ENGINEERING CONS LTD) will be considered in breach of this Agreement and will be suspended from the Service immediately.
5.2 Legal Compliance & System Overuse
Your use of the Service must be in compliance with Kenyan laws, and the laws of your country at all times. You are responsible for ensuring that your use of the Service does not consume excessive system or network resources that disrupt the normal use of the Service through, but not limited to, spawning multiple processes, or consuming excessive amounts of memory, CPU, or bandwidth capacity.
5.3 Prohibited Content and Behavior List
The following is a non-exclusive list of content and behavior prohibited by the Service:
a) Content that has or contains links to: nudity, pornography, adult content, materials with sex or foul language.
b) 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.
c) 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, or of bulk email NOT originating from our servers mass distributed to unknown recipients soliciting products or services relating to a Braysons HOST (BRAYSONS ENGINEERING CONS LTD) account will result in immediate account suspension.
d) Content that is grossly offensive to the community, including blatant expressions of bigotry, prejudice, racism, hatred, or excessive profanity, or to post any obscene, filthy, excessively violent, harassing, or otherwise objectionable material.
e) Content or otherwise that exploits children under 18 years of age.
f) Content that sells or promotes any products or services that are unlawful in the location at which the content is posted or received.
g) Content that infringes or violates any copyright, patent, trademark, service mark, trade name, trade secret, or other intellectual property right of any third party.
h) Content that promotes mail fraud, multi-level marketing (pyramid) schemes, or other illegal or fraudulent activities.
i) Content that posts or discloses any personally identifying information or private information about any third parties without their express consent.
j) Reverse engineering, reverse compiling, or otherwise deriving the underlying source code or structure or sequence of any Braysons HOST (BRAYSONS ENGINEERING CONS LTD) service, solution, or technology.
k) Reverse engineering, reverse compiling, or otherwise deriving the underlying source code or structure or sequence of individual passwording of Member Sites (or pages contained therein).
5.4 Unacceptable Resource Usage Limits
You may not:
Use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use include, but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
Participate in any file-sharing/peer-to-peer activities.
Run any gaming servers such as Counter-Strike, Half-Life, Battlefield 1942, etc.
Run cron entries with intervals of less than fifteen (15) minutes.
Run any MySQL queries longer than fifteen (15) seconds. MySQL tables should be indexed appropriately.
5.5 Inode (File Usage) Restrictions per Package
Starter / Hosting Only Packages: Maximum of 250,000 inode count.
Standard Hosting Package: Maximum of 500,000 inode count.
Executive Hosting Package: Maximum of 800,000 inode count.
Reseller Packages: Maximum of 250,000 inode count per cPanel account.
6. RESERVATION OF RIGHTS
Braysons HOST (BRAYSONS ENGINEERING CONS LTD) reserves the right and sole discretion to:
Censor any website hosted on its servers that is deemed inappropriate.
Review any account for excessive space or bandwidth utilization and to suspend service to those accounts that have exceeded allowed levels.
Terminate any account for non-payment of fees, for providing fraudulent account information, or fraudulent payment information. An account shall be terminated after 30 days of non-payment of fees. It is the responsibility of the client to ensure that all fees are paid on time.
Terminate any account if the contents of its website results in, or are the subject of, legal action or threatened legal action against Braysons HOST (BRAYSONS ENGINEERING CONS LTD) or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit.
Terminate any account for unsolicited, commercial e-mailing (i.e., Spam), illegal access to other computers or networks (i.e., hacking), distribution of Internet viruses or similar destructive activities, activities whether lawful or unlawful that Braysons HOST (BRAYSONS ENGINEERING CONS LTD) determines to be harmful to its other customers, operations, or reputation, or for any breach of this agreement.
Suspend the Service at any time for any duration of time when necessary, without penalty or liability to ourselves. You agree that it may be necessary for us to temporarily suspend the Service for technical reasons or to maintain network equipment or facilities.
7. ZERO TOLERANCE CUSTOMER ABUSE POLICY
We have zero tolerance for abusive language and/or abusive behavior towards our company, the services we provide, and/or our employees. Any customer deemed at our sole discretion to be abusive to our company and/or service we provide and/or our employees will result in immediate irrevocable account termination without any refund.
Furthermore, posting negative feedback on any public forum about our company and/or our employees before submitting a ticket to our “support ticket” or “support email” department to discuss your issue will result in immediate account termination without any refund. Although it is your right to post feedback without discussing your issue with us first, it is undoubtedly unfair and unprofessional not to, which is not the type of client we want to deal with. We have the utmost respect for all of our clients and are more than fair with all of our clients. We will do anything and everything possible to keep all of our clients satisfied. But in the unlikely event you are not satisfied, all that we ask is to discuss your issue with our support department first.
8. BACKUPS AND DATA RESPONSIBILITY
We try and maintain frequent back-ups for all files on shared hosting packages. However, backups are not included as part of any service. 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.
Customers are advised to make backups of the information they store on our servers on a regular basis. Our Control Panel provides tools that allow customers to make data backups, download data, download backups, etc.
VPS Package Notice: Please note that we do NOT perform any backups for VPS packages as we give you absolute root privileges to do any server management by yourself. However, backup services can be offered for VPS accounts as an additional service upon formal agreement of a monthly cost.
9. ACCESS TO LOGS
We retain system and activity logs related to shared hosting services for a maximum period of 14 days. These logs are maintained solely for operational, diagnostic, and security purposes.
Please note:
Log retention applies only to shared hosting accounts.
Other services (including domains, SSL certificates, VPS, dedicated servers, or reseller plans) are not covered by this log retention policy.
After 28 days, logs are automatically purged and cannot be recovered.
We may review logs when necessary to ensure service integrity, investigate abuse, or comply with legal obligations.
10. PROMOTIONAL POLICIES
10.1 .KE Domain Registration Promotion
From 1st October 2024, we shall be running a promotion for .ke domains. The retail price shall be KSh 500 (exclusive of VAT).
Any domain registered at this cost shall not be transferred out within the first 90 days.
Anyone who wishes to transfer out within the first 90 days must pay the difference between the promotional price (KSh 500) and the normal price (KSh 900).
This promotion shall not be open to abuse by any registrar accredited by KENIC. Any registrar accredited by KENIC must continue to register domains directly with KENIC.
If any domain is registered at this promotional price and it comes to our attention that it was registered by a registrar accredited by KENIC or any of their representatives or agents, it shall be deleted immediately with no option for a refund.
10.2 Free Content Transfers
Once you purchase a web hosting package with us, you can request a free transfer of your content from your former host to our servers upon sharing working credentials to the former host’s control panel. These transfers are a courtesy service and are not guaranteed to be 100% efficient as they are subject to the privileges existing on the former host server and the technologies used in the transfer.
The responsibility to ensure and confirm that all content was fully transferred lies entirely with the content owner (customer) and we shall not take liability where the full content is not migrated.
10.3 Free Domain Claims
Some of our packages contain a free domain name as part of the package. A customer needs to ensure that the desired free domain name is ordered at the same time of ordering the hosting package for it to be processed. Should the customer forget to add the domain name to the cart that has the hosting package, the customer needs to raise a support request within 24 hours to claim the free domain name. No free domain name shall be processed after 24 hours of registering the package.
11. PRICING FLUCTUATIONS
Customer agrees that Braysons HOST (BRAYSONS ENGINEERING CONS LTD)’s prices are subject to the prevailing market dynamics and as such the initial registration and/or renewal prices can increase or decrease based on new dynamics in the market. In the event that this happens, the new prices will be indicated on the relevant pages on the website of Braysons HOST (BRAYSONS ENGINEERING CONS LTD).
12. INDEMNIFICATION
Customer agrees that they will protect, indemnify, save, and hold Braysons HOST (BRAYSONS ENGINEERING CONS LTD) harmless from any and all stipulations, liabilities, losses, expenses, and claims, including but not limited to reasonable attorney’s fees assessed against Braysons HOST (BRAYSONS ENGINEERING CONS LTD), 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 Braysons HOST (BRAYSONS ENGINEERING CONS LTD) harmless against liabilities arising out of:
Any injury to person or property caused by any products sold or distributed in association with Braysons HOST (BRAYSONS ENGINEERING CONS LTD)’s Services;
Any material furnished by the 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 Braysons HOST (BRAYSONS ENGINEERING CONS LTD)’s Services.
13. DISCLAIMER & LIMITATION OF LIABILITY
BRAYSONS HOST (BRAYSONS ENGINEERING CONS LTD) WILL NOT BE RESPONSIBLE FOR ANY DAMAGES YOUR BUSINESS MAY SUFFER. BRAYSONS HOST (BRAYSONS ENGINEERING CONS LTD) MAKES NO WARRANTIES OF ANY KIND, EXPRESSED OR IMPLIED FOR SERVICES WE PROVIDE. BRAYSONS HOST (BRAYSONS ENGINEERING CONS LTD) DISCLAIMS ANY WARRANTY OF 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 BRAYSONS HOST (BRAYSONS ENGINEERING CONS LTD) AND ITS EMPLOYEES, DATACENTER, CONTRACTORS. BRAYSONS HOST (BRAYSONS ENGINEERING CONS LTD) 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 without notice.
Braysons HOST (BRAYSONS ENGINEERING CONS LTD) furthermore expects that its customers who provide Internet services to others will fully comply with all applicable laws concerning the privacy of online communications. A customer’s failure to comply with those laws will violate this policy.
Finally, Braysons HOST (BRAYSONS ENGINEERING CONS LTD) wishes to emphasize that in accepting services, customers indemnify Braysons HOST (BRAYSONS ENGINEERING CONS LTD) for the violation of any law or Braysons HOST (BRAYSONS ENGINEERING CONS LTD) policy that results in loss to Braysons HOST (BRAYSONS ENGINEERING CONS LTD) or the bringing of any claim against Braysons HOST (BRAYSONS ENGINEERING CONS LTD). This means that if Braysons HOST (BRAYSONS ENGINEERING CONS LTD) is sued because of activities of the customer that violate any law or this policy, the customer will pay any damages awarded against Braysons HOST (BRAYSONS ENGINEERING CONS LTD), plus costs and reasonable attorneys’ fees.