THIS AGREEMENT WAS LAST UPDATED ON March 14, 2018
- Users/Clients/Customers of services offered on www.tuvalo.com hereafter referred to as “clients”
- Website and Hosting Provider, TUVALO LIMITED hereafter referred to as “TUVALO”.
The purpose of this Agreement (hereafter referred to as the “Agreement”) is to precede a longer-term contract arrangement under which TUVALO will provide Web Hosting services on behalf of its clients.
Subject to the terms and conditions of this Agreement, TUVALO will provide Web Hosting services for its clients subject to the following terms:
- Length of Service.Client agrees to an initial twelve (12) month contractual term of service (“Term”).
- Service Start Date.The first payment plus setup charges, if any, shall be due in advance of any service provided. Service shall begin upon TUVALO receipt of payment for such first Term of service or upon a mutually agreed upon alternate date.
- Renewal by Client.This Agreement will automatically renew for successive twelve (12) month Terms unless canceled in writing by Client at least 15 days prior to the end of Term renewal date. Renewal prices are subject to change. Renewal of services by Client indicates agreement to any Contract revisions and price changes. Renewal fees for the following term will be automatically invoiced to Client’s account.
Cost varies per service type and volume. Pricing information is indicated on the website www.tuvalo.com
Clients are to ensure any requested domain registration request is not made in bad faith, does not infringe on any third party rights, will not be used for any unlawful purpose or would be considered to be an abusive registration under the ICANN dispute resolution policies.
You acknowledge that TUVALO are not obliged to accept any request to register a domain
TUVALO make no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any requested domain name.
Clients acknowledge that domain registrations and renewals where successful are non-refundable.
Clients acknowledge that TUVALO are unable to correct spelling mistake(s) in a domain name once a domain has been successfully registered, please ensure you check before submitting the domain for registration.
You acknowledge that domain renewal fees are subject to change at any time without notice.
In instances where TUVALO are unable to register or renew a domain, a full refund of the domain registration or renewal fee will be provided.
All domains with the exception of those ending in .GH are registered through our partner enom and in addition are subject to enom’s terms & conditions located at Enom Terms
TUVALO offers other related services including website design and development, application software development, online business services, etc. Applicable terms and conditions for these other services are provided on their respective platforms or websites.
MODE OF PAYMENT
Mode of payment are cash, electronic transfer. direct debit, mobile money transfers unless credit approval has been granted by TUVALO.
Proprietary information exchanged here under shall be treated as such by Client. This information shall include, but not be limited to, the provisions of this Agreement, product and services information and pricing. Client further agrees to not decompose, disassemble, decode or reverse engineer any TUVALO program, code or technology delivered to Client or any portion thereof.
TUVALO will exercise no control whatsoever over the content of the information passing through the network, email or web site.
TUVALO makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. TUVALO also disclaims any warranty of merchantability or fitness for any particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of Client. Use of any information obtained by way of TUVALO is at Client’s own risk, and TUVALO specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of an end-to-end connection. TUVALO does not represent guarantees of speed or availability of end-to-end connections. TUVALO expressly limits its damages to Client for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability. TUVALO specifically denies any responsibilities for any damages arising as a consequence of such unavailability.
TRADEMARKS AND COPYRIGHTED MATERIAL
Clients warrants that it has the right to use any applicable trademarks or copyrighted material used in connection with this service.
TUVALO may terminate this Agreement at its sole discretion upon the occurrence of one or more of the following events: 1) failure to comply with any provisions of the Agreement upon receipt of written notice from TUVALO of said failure, 2) appointment of Receiver or upon the filing of any application by Client seeking relief from creditors, 3) upon mutual agreement in writing of TUVALO and Client.
If legal proceedings are commenced to resolve a dispute arising out of, or relating to, this Agreement, the prevailing party shall be entitled to recover all costs, legal fees, and expert witness fees as well as any costs or legal fees in connection with any appeals.
Client shall indemnify and hold TUVALO harmless from and against any and all claims, judgments, awards, costs, expenses, damages and liabilities (including reasonable attorney fees) of whatsoever kind and nature that may be asserted, granted or imposed against TUVALO directly or indirectly arising from or in connection with Client’s marketing or support services of the product or services or the unauthorized representation of the product and services or any breach of this Agreement by Client. TUVALO is also indemnified against any minor interruptions to its services due to factors beyond its remit.
If any provision of this Agreement is held to be unenforceable, the enforceability of the remaining provisions shall in no way be affected or impaired thereby. This Agreement shall be governed by and construed in accordance with the laws of the Republic of Ghana. A failure by any party to exercise or delay in exercising a right or power conferred upon it in this Agreement shall not operate as a waiver of any such right or power.
This agreement is posted on the website of TUVALO at Terms and Conditions and may be presented to clients during purchases. Client’s approval for this agreement lies in their usage of the services of TUVALO.