TERMS OF SERVICE
IMPORTANT -- PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE YOU USE THE WEBSITE OR ATTEMPT TO ACCESS ANY SERVICES. BY ACCESSING THE WEBSITE OR BY UTILISING ANY SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
These terms (the "Terms of Service") apply to your use of www.bwdomains.co.bw (the "Website") and any purchase or use by you of any software, products or services that may be made available to you through it (collectively, the "Services").
The Website is a site operated by I-sys Inc (Proprietary) Limited, under the brand name bwdomains. I-sys Inc is registered under Botswana companies act CAP: 42:01, company number BW00000604983. I-sys Inc under the brand name bwdomains is accredited registrar of .bw domain names by Botswana Communications Regulatory Authority (BOCRA). bwdomains registered office is at Gaborone, Plot 54354, Suite 106, Central Square, CBD.
I-sys Inc reserves the right to amend or update these Terms of Service at any time, with or without notice. Such changes shall take effect immediately and shall apply to all subsequent use by you of the Website or Services.
bwdomains does not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. bwdomains may suspend, withdraw, discontinue or change all or any part of the Website for business and operational reasons. bwdomains will try to give you reasonable notice of any suspension or withdrawal. bwdomains will not be liable to you if for any reason the Website is unavailable at any time or for any period.
By registering for or using the Services, you represent and warrant that:
If you choose, or you are provided with, any form of user identification code, password or any other piece of information as part of bwdomains' security procedures, you must treat such information as confidential. You must not disclose it to any third party. bwdomains reserve the right to disable any user identification code or password, whether chosen by you or allocated by bwdomains, at any time, if in bwdomains' reasonable opinion you have failed to comply with any of the provisions of these Terms of Service.
If you know or suspect that anyone other than you knows your user identification code or password, you must notify bwdomains immediately at info@bwdomains.co.bw
You agree to cooperate fully with us in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, the Company is not responsible for any delays due to your failure to timely perform your obligations.
It is your responsibility 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, at our sole discretion, payments may be applied to outstanding invoices in your billing account.
Unless otherwise provided, you agree that until and unless you notify us of your desire to cancel the services, you may be billed, but we are not obligated to bill you, on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
If you maintain a credit balance, we will deduct from the credit balance when you purchase products or services from us. If the credit balance is insufficient for processing the order the order may not be processed. Any negative balance in the Advance Account will become immediately payable. If you do not correct a negative balance in your account within 24 hours, we reserve the right to terminate the Services with immediate effect and without any notice.
Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority, unless otherwise provided. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Any invoice that is outstanding 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, we may suspend or terminate your account and pursue the collection costs incurred by the Company, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Dedicated servers are subject to being reclaimed and all content deleted if you fail to make a timely payment. You have fifteen (15) days from the expiry date to pay the outstanding amount due for a dedicated server. After 15 days, the data on the dedicated server will be permanently deleted and cannot be restored.
You can manage domain renewals in your control panel. Domain renewal notices are provided as a courtesy reminder and we are not responsible for any failure to renew a domain or failure to notify about a domain renewal. No refunds will be given once a domain is renewed.
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. We may report any such misuse or fraudulent use, as determined in our sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
If you have any questions concerning a charge on your account, please reach out to our billing department for assistance.
The Company reserves the right to change prices, the monthly payment amount, 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. It is your sole responsibility to periodically review billing information provided by us through the user billing tool or through other methods of communication, including notices sent or posted by us.
The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. We do not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA. Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements,” and you agree that Company is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, please contact us by phone or chat.
In the unlikely event that you are not completely satisfied with our product/service, bwdomains is, subject to the terms of this clause, happy to provide you with a full refund for the cost of your service. To claim a refund under this money back guarantee you must submit a cancellation request within 30 days of the original purchase date stating why the service was not to your satisfaction.
If bwdomains offer products and services that are provided by third parties, those products and/or services will be subject to the policies of the third party provider regardless of whether those products and/or services appear to be provided by us.
There are no refunds on dedicated servers. The thirty (30) day money- back guarantee does not apply to dedicated servers.
We offer a thirty (30) day money- back guarantee for shared, VPS, and reseller hosting services only. If you are not completely satisfied with these hosting services and you terminate your account within thirty (30) days of signing up for the Services, you will be given a full refund of the amount paid for hosting. This money-back guarantee only applies to fees paid for hosting services and does not apply to any fees for any additional products or services. For more information about our refund policy on additional products or services please refer to the section Non-refundable Products and Services.
We stand behind our product /service and your satisfaction is important to us. If you are not satisfied with our product / service or you have encountered problems that we were unable to solve, we will be happy to do a purchase cancellation and give you a full refund within 30 days of the original purchase date. We do not provide refund on Domain Registrations.
The money-back guarantee does not apply to most add-on products, such as domains. If you cancel within 30 days and your plan includes a free domain, bwdomains will deduct a non-refundable domain fee from your refund. This ensures that you won't lose your domain name. You may transfer it to another registrar or simply point it elsewhere at your convenience. Please note newly registered domains cannot be transferred to another registrar during the first 60 days of the registration period. You retain ownership of your domain until the end of its registration period unless you renew it. bwdomains does not offer any refunds for cancellations that occur after 30 days.
Notwithstanding anything to the contrary contained in this Agreement, there are no refunds of any fee (including without limitation, administrative fee and/or tax) on dedicated servers, Business and Enterprise email products or additional products or services such as Codeguard, Digital Certificates, shared VPS hosting, SiteLock install fees for custom software, and/or any other products or services of the Company.
You may terminate or cancel the Services from the control panel. If you cancel the Services, you are obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. If you request to suspend or cancel your customer account, your access to the control panel will be suspended and you will not be able to access the billing system to renew products or services or to update your account information. However, you will continue to have access to use the Services purchased until the end of your prepaid term.
Please note that if you have pending orders outstanding on your account at the time you cancel your account, we will continue to process those orders so long as your Advance Account has sufficient funds to cover the charges. If we are unable to fulfill any orders, the charges for such orders will be reversed and we reserve the right to cancel such orders.
We reserve the right to deny or cancel any order within thirty (30) days of processing such order. In such case we will refund the fees charged for the order.
bwdomains does guarantee that the Website will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Website. You should use your own virus protection software. bwdomains will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or to your downloading of any content on it, or on any website linked to it.
You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored, or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Cybercrime and computer related Crimes Act 2018, of Botswana. bwdomains will report any such breach to the relevant law enforcement authorities and bwdomains will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.
You are solely responsible for backing up any data associated with your hosting packages. We strongly recommend that you take periodic backups and store them in a separate location in the event that you need to restore your data for any reason. You may request a backup of the last 7 days (from the date of request) from us and we will try to restore your data from our disaster recovery backups, subject to your payment of backup service fees. These backup services are provided as a courtesy, not an obligation.
We 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 the Company or others or cause the Company or others to incur liability, as determined by us in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, we will 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, the Company 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, USER CONTENT, USER WEBSITES, AND OTHER DATA MAY BE DELETED.
Shared hosting has been designed to host most personal, small business websites. To support this, we offer unmetered disk space, unmetered bandwidth and unmetered websites on some of our plans
All use of hosting space provided by bwdomains and its partners is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space shall only be used for: (i) web files; (ii) active email; and (iii) content of User Websites.
However, shared hosting space may not be used for any activity not listed above, including but not limited to: (i) storage of media, emails, or other data as determined by the service providers; or (ii) offsite storage of electronic files, email or FTP hosts; (iii) gaming server; or (iv) to store over 100,000 files; or (v) run MySQL queries longer than 15 seconds; or (vi) use more than 50% of your website’s disk space for storing emails. Notwithstanding the above, your email storage cannot exceed 10 GB of disk space used by your Hosting order, even if it is within the aforesaid 50% of your website’s disk space. or (vii) use more than 5 GB or lesser based on the offering per database. We expressly reserve the right to review every shared account for excessive usage of CPU, disk space and other resources which might affect the stability, performance and uptime of our servers, storage and network that may be caused by your violation of this Agreement or the Acceptable Use Policy or otherwise.
If you are in violation of the above, we may, in our sole discretion require you to upgrade your package, or move to a VPS or Dedicated server (depending on which package would meet your needs) or terminate access to the Services or remove or delete User Content for those accounts that are found to be in violation of this Agreement and other policies. Please note, Dedicated and VPS usage will be limited by the resources allocated to the specific plan that you purchase.
Bandwidth usage is unmetered on shared and cloud hosting services. Additionally, specific limits on the services have been mentioned on the product that you purchase, which include but are not limited to Shared hosting, Cloud hosting, WordPress hosting, VPS, Dedicated and Email hosting. If we encounter any website/package/order/customer consuming more than 25% of the system resources for more than 90 seconds which might affect the stability, performance, and uptime of our servers, storage and network, we may require to you upgrade your package, or move to a VPS or Dedicated server, or we may take action to restrict the bandwidth or other resources applicable for your website/package/order/account.