Term Of Services

General Terms of Service

These Terms of Service (the “Agreement”) are an agreement between netpoa.com, (“NETPOA LIMITED” or "NETPOA" or “us” or “our”) and you (“User” or “you” or “your” or "Client" or "Customer"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by NETPOA LIMITED and of the netpoa.com or netpoa.co.tz website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.

All services provided by NETPOA Ltd may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of the laws of United Republic of Tanzania is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, unlicensed software or files, or material protected by trade secret and other statue. The subscriber agrees to indemnify and hold harmless NETPOA Ltd from any claims resulting from the use of the service which damages the subscriber or any other party.

Examples of non-acceptable content or links

• Pirated software
• Illegal MP3's
• Hackers programs or archives
• Warez Sites
• Adult Sites
• Child Pornography

NETPOA Ltd will be the sole arbiter as to what constitutes a violation of this provision.

Unlimited Traffic/Hits & Server Resource Usage:

NETPOA Ltd is pleased to offer our clients unlimited traffic/hits, and server usage. Unlimited Traffic/Hits refers to the number of visitors to your website, NOT the amount of bandwidth/data transfer. Your account is still limited to the allocated bandwidth/data transfer included with your selected package. To maintain the integrity of our service the following traffic/usage limitations apply.

• Sites with banners, graphics or cgi's running from their domain being used on other domains.
• Sites with immense graphic archives or galleries.
• Sites offering immense download archives, such as .zip, .tar, .ra and .GZ.
• Sites running large chat room gatherings.
• Sites using more than 10% of system resources

If you do not qualify for unlimited traffic/hits, your account may be required to be upgraded, or NETPOA Ltd may move your site to a different server, to reduce the load on the server you are currently residing. NETPOA Ltd will be the sole arbiter as to what constitutes a violation of usage limitations. Bandwidth/data transfer will go unmonitored until you reach your account limit, then normal over-usage data transfer costs will apply depending on the clients request.

Chat Rooms:

NETPOA Ltd may allow programs to run continually in the background, these are considered on a one to one basis and extra charge may be incurred based on system resources used and operational maintenance needed.

IRC:

NETPOA Ltd currently does not allow IRC or IRC bots to be operated on our servers.

Multiple Connections:

Multiple telnet and ftp sessions are allowed, on a single hosting account.

Idle Timeouts:

NETPOA Ltd may disconnect any idle connection to the network.

Average timeouts are:

• FTP - 300 seconds
• Telnet - 2 hours

Commercial Advertising - Email:

Spamming, or the sending of unsolicited email, from a NETPOA Ltd server or using an email address that is maintained on a NETPOA Ltd machine is STRICTLY prohibited. For general reference, we consider spam any email that is sent to more than 10 people at a time that did not ask for it to be sent to them. NETPOA Ltd will be the sole arbiter as to what constitutes a violation of this provision.

Server Abuse:

Any attempts to undermine or cause harm to a NETPOA Ltd server or customer of NETPOA Ltd is strictly prohibited. NETPOA Ltd will pursue legal action to the fullest extent for all abuse of the NETPOA Network.

Payments:

The customer acknowledges and agrees that NETPOA Ltd, its in sole and absolute discretion, may suspend provision of the services without any liability if the customer fails to timely remit payment for the services without prior written agreement.

Suspension/De-Activation:

If any terms or conditions are failed to be followed it will result in grounds for account suspension or de-activation. NETPOA Ltd reserves the right to remove any account without prior notice. If NETPOA Ltd deactivates your account(s) for violating policy, you will forfeit your rights to a refund and none will be given. No refunds for advance payments, on de-activated accounts.

Privacy Policy:

NETPOA Ltd respects the privacy of every individual who visits our Web sites, responds to our interactive advertisements or sends us e-mail.

Indemnification:

The customer hereby indemnifies and agrees to hold harmless NETPOA Ltd and each of its officers, directors, employees, agents, and legal advisors (each an “Indemnified Person”) from and against any and all liabilities, obligations, claims, losses, damages, penalties, actions, judgments, suits, costs, expenses, or disbursements of any kind or character whatsoever (“Claims and Liabilities”), which may be imposed on, incurred by, asserted or claimed against any Indemnified Person, directly or indirectly, based on or arising out of or resulting, in whole or in part, from (i) the use of the Services; (ii) any act or omission of customer, its agents, contractors, employees or invitees; or (iii) any breach of customer's obligations and the transactions and events at any time associated therewith.

The indemnification provided for shall survive the expiration or termination of the user of services.

Limited Liability:

NETPOA Ltd shall not be liable under any circumstances for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement or the Services, including but not limited to damages for lost profits, loss of use, lost of data, loss of privacy, damages to third parties even if NETPOA Ltd has been advised of the possibility of such damages. The foregoing limitation of liability shall apply whether on any claims based upon principles of contract, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution.

General Service Level Agreement

NETPOA Ltd is proud to offer an exceptional level of performance, reliability, and service. That is why we are making commitments to our customers in the form of a Service Level Agreement (SLA) which provides certain rights and remedies regarding the performance of the NETPOA Ltd network. The NETPOA Ltd Service Level Agreement (SLA) guarantees our network/equipment reliability and performance. This Service Level Agreement (SLA) applies to customers of NETPOA Ltd web hosting and other services.

Uptime Guarantee:

NETPOA Ltd strives to maintain a 99.5% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by NETPOA Ltd monitoring systems or NETPOA Ltd authorized/contracted outside monitoring services. If NETPOA Ltd  fails to meet it's 99.5% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. NETPOA Ltd does not credit a full month's service for minor downtime. This would not be financially healthy for NETPOA Ltd, and in turn would only negatively affect the service level NETPOA Ltd provides to you. In extreme circumstances, NETPOA Ltd may distribute full month credits, but this is dealt with on a case by case basis. Details on how credit amounts are calculated can be found below.

Exceptions:

Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the NETPOA Ltd network caused by or associated with:

• Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, "Acts of God" (ie.fire, flood, earthquake, tornado, etc), strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement
• Telco Failure (ie. a fiber line cut somewhere), backbone peering point issues etc.
• Scheduled maintenance for hardware/software upgrades
• DNS issues not within the direct control of NETPOA Ltd
• Client's acts or omissions, including without limitation, any negligence, willful misconduct, or use of NETPOA Ltd service(s) in breach of NETPOA Ltd Policy and Service Guidelines, by Client or others authorized by Client.

Connectivity:

NETPOA Ltd goal is to make the NETPOA network available to Client free of outages for 99.5% of the time. An "outage” is defined as an instance in which Client is unable to transmit and receive IP packets due to a NETPOA Ltd service failure for more than 15 consecutive minutes, excluding service failures relating to NETPOA Ltd scheduled maintenance and upgrades. The NETPOA Ltd network does not include client premises equipment or any Telco access facilities connecting Client's premises to such infrastructure.

Measurement:

NETPOA Ltd will periodically (on average every 10 minutes) monitor NETPOA Ltd network and server availability using software and hardware components capable of measuring application traffic and responses. Client acknowledges that such measurements may not measure the exact path traversed by Client's internet connection, and that such measurements constitute measurements across the NETPOA Ltd network but not other networks to which Client may connect.

Hardware Failure:

NETPOA Ltd stands behind all equipment on our network. Faulty hardware is rare, but cannot be predicted nor avoided. NETPOA Ltd utilizes only name brand hardware of the highest quality and performance. NETPOA Ltd will replace all faulty hardware affecting performance levels of equipment within 48 hours, which includes hardware issues that cause server crashes or speed issues. Hardware failure resulting in complete network/server outage/downtime will be corrected within two hours of problem identification. Router failure is an exception to this SLA guarantee, and may require on-site engineers or backbone provider emergency personnel to correct the problem.

Credits:

Credit requests must be made on the NETPOA Ltd web site, by emailing to info@netpoa.com. Each request in connection with network/server outages/downtime must be received by NETPOA Ltd within five days of the occurrence. The total amount credited to a Client for NETPOA Ltd not meeting SLA service levels will not exceed the service fees paid by Client NETPOA Ltd for such services for the period in question. Each validly requested credit will be applied to a Client invoice within 30 days after NETPOA Ltd receipt of such request. Credits are exclusive of any applicable taxes charged to Client or collected by NETPOA Ltd. Upon Client's request (in accordance with the procedure set forth below), NETPOA Ltd will issue a credit to Client for network/server outages/downtime occurring during any calendar month that are reported by Client to NETPOA Ltd and confirmed by NETPOA Ltd measurement reporting. Such credit will be equal to one MONTH's worth of service.

Account cancellations:

Your account can be cancelled ONLY by submitting cancellation form available here. Other methods of cancellation are not valid. Once the form submitted account will be cancelled within 24 hours.

General:

NETPOA Ltd reserves the right to change or modify this SLA to benefit the Client, and will post changes to location currently housing this SLA at time of modification, which will be made available to Client. Except as set forth in this SLA , NETPOA Ltd makes no claims regarding the availability or performance of the NETPOA Ltd network or servers. Specific terms/points of this SLA may be adjusted on a case by case basis by the specific Service. In case of difference terms/points in SLA and Service Agreement, the Service Agreement terms/points prevail over this general SLA policy. The Service Agreement agreed by client, is above and beyond this SLA, and Service Agreement terms are in affect, including, but not limited to, limitations of liability.

Domain Registration Agreements

The general terms of domain registrations, transfers or renewals are outlined below:

• If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement.
  • Domain Name Registration Agreement for .TZ domains is provided by TCRA / tzNIC
  • Registration of second level .TZ is governed by policies outlined here: https://karibu.tz/media/DOTTZRESERVEDNAMESLIST.pdf
  • Domain Name Registration Agreement for other domains.
• We continuously add new domain registration extensions. If you are not able to find the terms for them, please reach out to info@netpoa.com for more information.
• Domains shall be renewed at the same price as new registrations unless there is a price change.
• The current pricing is always displayed on our website.
• Should the price of a domain change, the new price and the reason for the change will be communicated to you atleast 30 days prior to the effective date of price change.
• Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area.
• Should an expired domain enter the redemption period, the cost of restoring the domain varies per extension and can be requested by sending an email to info@netpoa.com

Other Services

All services are governed by their respective terms of service and agreements. By use of any service, the client acknowledges and agrees to those services. For avoidance of doubt, the below are some of the agreements and by no means constitutes to the only agreements in place.

• Web Hosting Agreement - contact us
• Microsoft Services are governed by Microsoft Customer Agreement
• Google Services are governed by their agreements
• SSL Certificates are governed by their respective Certificate Authorities

In doubt, please contact us on info@netpoa.com for clarification.

Cancellations, Refunds & Money Back Guarantee

Money-back Guarantee

• Shared Hosting
  NETPOA Ltd offers a thirty (30) day money- back guarantee for netpoa managed shared hosting services paid for term of one (1) or more years.
  This money back guarantee is not applicable for monthly, quarterly or semi-annually billing.
  If you are not completely satisfied with the hosting services, you are required to open a ticket with us within 30 days of signing up to give us an opportunity to remedy it. If you are still not satisfied after the remedy, we will process your full refund of the amount paid for the hosting service.
  This money-back guarantee only applies to fees paid for hosting services and does not apply to administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.
  The money back guarantee is further subjected to additional terms described under "Cancellations & Refunds" below
• Other Services
  There are no refunds or money back guarantees for other services, unless expressed in writing on case by case basis. The exclusion applies to, but is not limited to: Domain Registrations, Reseller Hosting, Cloud Servers, ​Dedicated Servers, Microsoft 365, Google Workspace, SSL Certificates, Website Backups, Website Security and Pro Services.

Cancellations & Refunds

• Payment Method.
  No refunds will be provided if you use any of the following methods of payment: bank transfer or cheques. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
• Money-back Guarantee.
  If an account with a fifteen (15) day money-back guarantee is purchased and then cancelled within the first fifteen (15) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Support Team (the "Refund Request") within sixty (60) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared, and reseller hosting fees previously paid by you to NETPOA Ltd for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this section (Cancellation & Refunds). Requests for these refunds must be made in writing to the Support Team. Refunds will only be issued for basic shared, and reseller hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
• Refund & Money Back Guarantee Eligibility.
  Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
• Non-refundable Products and Services.
  There are no refunds on administrative fees, install fees for custom software, Domain Registrations, Reseller Hosting, Cloud Servers, ​Dedicated Servers, Microsoft 365, Google Workspace, SSL Certificates, Website Backups, Website Security and Pro Services. .
• Cancellation Process.
  You may terminate or cancel the Services by giving NETPOA Ltd written notice via cancellation process within your client area. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii)NETPOA Ltd may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement. Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received...." NETPOA Ltd will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us.We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.Cancellations for shared and reseller accounts will be effective on the account's renewal date. Cancellations for dedicated and VPS accounts will be effective immediately.
• Domains.
  It is your responsibility to notify NETPOA Ltd Billing department via a support ticket created from your client area 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. All domain registrations and renewals are final.
• Foreign Currencies.
  Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are subject to this fluctuation and NETPOA Ltd is not responsible for any change in exchange rates between the time of payment and the time of refund.
• Termination
  NETPOA Ltd 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 NETPOA Ltd or others or cause NETPOA Ltd or others to incur liability, as determined by NETPOA Ltd in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, NETPOA Ltd 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, NETPOA Ltd 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 WILL BE DELETED.

Last Updated: 8/01/2024