Terms of Service

*Last Updated on Jan 04th 2023

Below are the terms and conditions for any projects created under the Yana Corp (t/a) name.

These terms and conditions apply to all Websites, Management Systems Solutions, and Domains undertaken by Yana Corp. If a project is hosted by Yana Corp, these same terms and conditions will apply. This document serves as a legal agreement between Yana Corp and the “client” for services such as Website Design, Management System Design, Web Hosting, Management System Hosting, or any other services provided by Yana Corp. By agreeing to proceed with a project, the client is automatically bound by these terms and conditions. Updates to these terms and conditions may be made without prior notice.

Procedures

  1. By agreeing to proceed with the project, the client automatically confirms that they have read, understood, and accepted our Terms and Conditions. This agreement becomes legally binding without the need to send a signed contract or additional confirmation.
  2. Issued Invoices are valid for 7 days from the invoice date. Invoices do not include domain name registration or hosting unless it is specified in the invoice.
  3. Client to pay their 60% deposit as acknowledgement and acceptance that Yana Corp can proceed with their website or system development. Your project will only commence once the clients deposit has been paid and received by Yana Corp. Please note that your website / web system content must be given to us within 7 working days after your deposit payment has been made.
  4. Hosting (Not hosted with us). Client to provide Yana Corp with your Cpanel, FTP and database details to upload our software. If you use a service provider on our recommendation, you will enter into an agreement directly with them. Yana Corp will not take any responsibility for your hosting services, as we do not have control over your status of hosting, domain renewals or email when not hosted with us. All technical aspects of websites must be referred to your service provider. We will however request feedback from your provider via email if you need assistance. This time may be billed.
  5. Hosting (Hosted with us). Yearly Hosting & Yearly Domain Fees must be paid on or before the last day of each due date. Disk over-usage will automatically be suspended, You will be required to Upgrade to a higher package.Payments not received by the 1st of each month will systematically be suspended. A reactivation fee of TZS 30,000 will be charged. Yana Corp reserves the right to suspend client services due to non-payment and interest of 15% per month will automatically be charged on all arrears. Hosting cancellations can only be done in writing and emailed through to cancelhosting@yana.africa on the date of cancellation. All outstanding payments must be paid up to date before your Hosting will be terminated with Yana Corp. Please note that hosting cancellations must be emailed to cancelhosting@yana.africa before the 1st of the new month as it carries a 30-day notice period.
  6. SaaS Hosting (Hosted with us). All Management Systems Hosted with us and provided by Yana Corp to Clients as a Service (SaaS) will have two types of hosting, 12 Months Hosting & 6 Months Hosting.
  7. If a client wishes to receive this service will agree to all our terms of service from the website and sign a contract and email it back to saascontracts@yana.africa. If a client wishes to cancel SaaS services from Yana Corp will have extract data from the system on the due date for his / her own records and email us at cancelsaas@yana.africa one month before.
  8. If a Client terminates a SaaS contract, Yana Corp will keep Clients SaaS Data for 30 days only. Yana Corp will guarantee availability of the system at 99.9% for all on going clients.
  9. Web & Graphic Design. Images and logos supplied must be of high quality. Specific required colours must be supplied as Pantone and CMYK values. Yana Corp does not handle any printing, we will have no further involvement and client will enter into an agreement directly with the printer of their choice. Therefore, we take no responsibility for print errors. Screen colours and digital proofs can vary from litho printing. To ensure colour and print quality it is the client’s responsibility to request a colour proof from the printers. Completed artwork will be emailed to you.
  10. Client to send all the necessary web content that you would like us to publish onto your website. Content must be supplied electronically, within 1 week of start of project. Information (word/txt), as well as logos and artwork (or photographs) to be used/adjusted (vector/freehand/high quality) must be supplied, unless they are to be created as part of the project. Please ensure you have the copyright for all material supplied. Under no circumstances will Yana Corp, our designers or any associates will not be held responsible for any copyright disputes. If it becomes clear that material was provided without the required copyright, changes to a project (to remove illegal content) will be at the client’s cost. Yana Corp does not take any responsibility for content supplied without proper copyright whatsoever. We cannot be held responsible for delays outside of our control, e.g. equipment failure, weather and internet connections.
  11. Client is to provide electronically all required documentation and web content to enable Yana Corp to initiate design on your website project.
  12. Clients website will then be queued and allocated to a designated web developer. Yana Corp and the client must work together to complete the web design project in a timely manner. Please note that your website content must be furnished within 7 working days after your deposit payment has been received. We agree to work expeditiously to complete the web design project after the client has submitted all necessary materials. If the client does not supply Yana Corp with complete text and graphic content for this web design projects within 21 days of this agreement, the entire amount of the agreement becomes due and payable. If the client still has not submitted or provided all the required content within 40 days after receipt of deposit (acknowledgement and acceptance of our terms and conditions), an additional continuation fee of 15% of the total agreement price will be assessed for each month until the web design project is completed and published.
  13. SEO. We endeavour to make websites that perform well in current major browsers, but cannot guarantee backward compatibility. We cannot guarantee search positions or rankings of websites, but include search engine optimisation (SEO) in the form of meta tags, structure and basic content recommendations. We can assist with your SEO if and when required.
  14. The Date of Completion of a project is affected by feedback and receiving of content and timelines will be adjusted accordingly. On design completion of your website it will be taken live for 24 hours so that you may preview and respond with amendments / improvements. Thereafter the website will be put back onto maintenance for final adjustments.
  15. Yana Corp will only put your website live when full and final payment has been received and reflect in our bank account. Proof to be emailed. Work in progress will be billed monthly according to the amount of work that has been completed. This is payable within 7 days of statement date.
  16. Once the outstanding payment has been received website will be put live and client will have 7 working days to report any faults or amendments. Changes must be requested in writing (emailed). Should we not receive a reply within 7 working days via email we will take and accept that the website is finalised. Therefore, we take no responsibility for website content errors. All work remains the property of Yana Corp until final payment is received.
  17. Your web developer will then implement the final changes / amendments on initial content provided. Any additional amendments will be charged at TZS 50,000 per 3hours. Additional pages will be charged at TZS100,000 per page. Project will then be signed off as completed.
  18. Please note that any further adjustments or amendments after this date will be at an additional cost. Any additional work, author’s corrections or ad hoc changes and updates will be charged at an hourly rate (dependent on task, to be verified at start of task) or will be quoted separately.
  19. CMS Access. Yana Corp, our designers or associates will not be held responsible or liable for any changes made by the client or any other third party using the CMS backend system that includes any software updates, any other changes to the website or any loss of information. They can be restored at a price.
  20. Security (Viruses & Hacking). Yana Corp will not be held liable for any viruses, hacking, security breaches or any malicious content pertaining to any third party applications or to the client’s website. Our hosting service provider can at any time suspend a domain should any viruses or malicious content be exposed through hacking or security breaches to any third party application or website.
  21. Statements. All Monthly invoices are issued via email on the 22nd of each month unless the date falls on a public holiday or weekend.
  22. Cancellations. If project is cancelled at any time, all fees up to that point of work will be calculated and invoiced. This is payable within 14 days of invoice date. Yana Corp will not refund deposits for work already performed on client’s design project or hosting fees/domain fees as they have been paid in advance. We guarantee to honour our obligation of service as we expect our clients to honour theirs.
  23. Legal Costs. Failure to comply with our terms and conditions regarding account payments and fees will result in legal action from our attorneys and the full outstanding balance becomes payable. All legal cost resulting of non-payment will be for the clients account.
  24. Meetings. Telephonic, Whatsapp Texts & Calls or email queries will be responded to free of charge for confirmed clients. Meetings and consultations (in person) will be charged per meeting as well. The client will be liable for all travel and accommodation cost incurred for client onsite meetings and discussions.

We, Yana. ("Yana Corp"), are committed to protecting any data that we collect concerning you. By using our services you agree to the use of the data that we collect in accordance with this Privacy Policy. The purpose of this Privacy Policy is to enable you to understand what personal information of yours is collected, how and when we might use or share your information, and how you can correct any inaccuracies in the information. This Privacy Policy also explains our online information practices and the choices you can make about the way your information is collected and used.

1.Who We Are

Yana Corp provides SMS Solutions, cloud-based solutions, including web hosting, domain name registration and related products and services, to businesses, individuals, non-profit organizations and others. Yana Corp is able to provide a variety and range of products and services to help customers with their technological needs.

2.Information Collected

We collect the following types of information from you to provide you with the products and services you purchased and for the purposes described below. We may collect any or all of the information via both automated means such as communications profiles or cookies.

Personal Information. The personal information we collect depends on the type of service, support, or sales inquiry, and may include your name, address, telephone number, fax number and email address, dates of service provided, types of service provided, payment history, manner of payment, amount of payments, date of payments, domain name, payment information. The financial information will only be used to bill you for the products and services you purchased. When transferring personal information a security icon will appear in your browser.

Cookies and Tracking. Your Internet browser has the in-built facility for storing small text files - "cookies" - that hold information which allow a website to recognize your account. We use cookies to save your preferences and login information, and to provide personalized functionality. We may use cookies to collect, store, and sometimes track information for statistical purposes to improve the products and services we provide and to manage our telecommunications networks. More specifically, we use different types of cookies for different purposes: (i) "required cookies" are necessary for our website to work properly, (ii) "performance cookies" allow us to analyze how Visitors use our website so we can measure and improve the performance of our website, (iii) "functional cookies" allow us to remember choices you may have made on our website, and (iv) "advertising cookies" are used to present ads that are relevant to your interests. We may utilize cookies to track referrals from internal and external affiliates, as well as advertising campaigns. We may also use a third party service provider to send emails that you have agreed to receive. Pixel tags and cookies may be used in those email messages to help us measure the effectiveness of our advertising and to enable us to provide more focused marketing communications to you. You can reject cookies by changing your browser settings, but be aware that this will disable some of the functionality on the Yana Corp website.

Customer Surveys. We may periodically conduct customer surveys. Participation in our customer surveys is voluntary. However, we encourage our Users to participate in these surveys because they provide us with important information that helps us improve the types of services we offer and how we provide them to you. Your personal information, if provided, will remain confidential, even if the survey is conducted by a third party service provider on our behalf.

Social Media. Our website includes social media features (such as the Facebook "Like" button). These features may collect your IP address and which page you are visiting on our website, and may set a cookie to enable the feature to function properly. Social media features and widgets may be hosted by a third party or directly on our website. Your interactions with these features are governed by the privacy policy of the company providing the feature.

Data and Information Submitted to Third Parties on Our Network.This Privacy Policy does not apply to data or personal information that may be submitted to, or collected by, third-party websites hosted by Yana Corp or to domain names registered by Yana Corp. Such websites and domain names are not owned or controlled by Yana Corp. You should independently evaluate the privacy policies of such third-party websites before submitting data or personal information to them.

3.Information Use

Personal Information. The information we collect is used for billing and to provide service and support to our customers. We may study this information to determine our customers' needs and to promote certain products and services or additional support. We may also generate non-identifying and aggregate profiles from information that our customers provide during registration (such as the total number of customers in a given category). This aggregated and non-identifying information may be used to promote advertisements that appear on our website and in connection with our services.

We take reasonable precautions to prevent unauthorised access to your information. Accordingly, we may require you to provide additional forms of identity should you wish to obtain information about your account details. Yana Corp may also use the information you provide to email Yana Corp' monthly newsletter to the primary contact e-mail on file, or to contact you about other products or services that we think may be of interest.

Log Files. We use IP addresses to analyze trends, administer our site and servers, track access, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. However, it is possible that personal information about a customer may be included in the log files due to the normal functions of IP addresses and Web browsing.

Customer Surveys. We may use the contact and other information provided to follow up with customers who respond to our customer surveys to help resolve issues internally or with our third party partners. For example, Yana Corp may contact customers based on their survey answers or to highlight certain changes we made in response to customer feedback.

4.Disclosing Information

Partners and Sponsors. Some of our products or services are offered or promoted to our customers in conjunction with a partner or sponsor, or another brand or company within our corporate family. We may share your information with these parties to offer the product or service or to facilitate your use of additional amenities included with your hosting account. For example, one of our partners may provide services to you based on links that you access from your control panel.

We may also disclose aggregate, anonymous data based on information collected from users to potential partners, reputable third parties and other companies or brands within our corporate family. We will only share your information with third parties that agree to maintain your information in confidence and to use it solely for purposes of providing the product or service as agreed to by Yana Corp.

Service Providers. We may transfer (or otherwise make available) your personal information to third parties that help us provide our services or provide services on our behalf. For example, we may use service providers to authorize and process payments, administer surveys, or run promotions. Your personal information may be maintained and processed by our third party service providers in the United Republic of Tanzania or in other jurisdictions. Our service providers are given the information they need to perform their designated functions, and we do not authorize them to use or disclose personal information for their own marketing or other purposes.

Online Advertisements. We do not share personally identifiable information about individual customers with advertisers. We may display online advertisements and we may share aggregated and non-identifying information about our customers that we collect through the registration process or through online surveys and promotions with certain advertisers. In some instances, we use this aggregated and non-identifying information to deliver tailored advertisements. For example, an advertiser may tell us the audience they want to reach (e.g., males between 25 and 55 years of age) and provide us with an advertisement tailored to the audience. Based upon the aggregated and non-identifying information we have collected, we may then display the advertisement to the intended audience.

Customer Surveys. We may share customer information obtained from customer surveys within Yana Corp and our corporate family, and with trusted third parties to develop or provide products and services that we believe would be of interest to our customers.

Domain Registration. In certain jurisdictions or pursuant to the rules of the Internet Corporation for Assigned Names and Numbers ("ICANN") or certain registries, the contact information you provide to register a domain name ("Domain Name Registration Information") has to be made available and accessible to the public through a "WHOIS" search. The WHOIS database is a publicly accessible database that lists the Domain Name Registration Information for a particular domain name, the name server(s) to which the domain name points, and the domain name's creation and expiration date. The Domain Name Registration Information you provide is hosted by us or a third party service provider and is made available to the public through WHOIS searches. At times, customers may receive solicitations that result from searches of the publicly available WHOIS database by other companies or individuals. Any such solicitations or SPAM do not come from Yana Corp and we do not control the use of WHOIS information by third parties. Further, pursuant to ICANN rules, Yana Corp is required to make WHOIS data available to any third party that enters into a bulk access agreement. While ICANN allows individuals to opt-out (using the account management panel, domain management console or similar service) of having their WHOIS information made available to third parties through bulk access, companies, such as ours, businesses, and other organizations do not have the ability to opt-out of having their information made available to a third party that enters a bulk access agreement. We may also deposit your Domain Name Registration Information with a third-party escrow provider to comply with ICANN requirements.

Law Enforcement and Special Cases. We cooperate with government and law enforcement officials to enforce and comply with the law. We will disclose any information about users upon a valid request by government or law officials as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect your property and rights, or the property and rights of a third party, to protect the safety of the public or any person, or to stop activity that we consider illegal or unethical.

5.Your Options

Correcting/Updating Personal Information. If a customer's information changes, or if a customer no longer desires our services, we will endeavor to provide a way to correct, update or remove that customer's personal data in our records. In most cases, this can be achieved by emailing us at privacy@yana.africa

Opt Out. By default, customers will receive invoices, any system updates, Yana Corp newsletters and other mailings. Customers are able to opt out of newsletters and mailings by using the unsubscribe link in any promotional email or as otherwise provided in the communication. Please note that customers may not opt out of receiving important system notifications or emails about their accounts.

Public Forums. Please remember that any information you may disclose or post on public areas of our websites or the Internet, becomes public information. You should exercise caution when deciding to disclose personal information in these public areas. To request removal of your personal information from our community forums or testimonials, contact us at privacy@yana.africa. In some cases, we may not be able to remove your personal information, in which case we will let you know why we are unable to do so.

6.Data Security

Yana Corp uses technical security measures to prevent the loss, misuse, alternation or unauthorized disclosure of information under our control. Yana Corp uses security measures including and not limited to: physical, electronic and managerial procedures to safeguard and secure the information we collect online. All sensitive information is collected on a secure server.

7.Children

This website is not directed towards children and we do not seek to collect any personal information from children. If we become aware that personal information from a child under the age of 13 has been collected, we will use all reasonable efforts to delete such information from our database.

8.Changes to this Policy

We reserve the right to revise, amend, or modify this Privacy Policy at any time and in any manner. However, if we plan to materially change how we plan to use previously collected personal information, we will provide you with advance notice prior to the change becoming effective and an opportunity to opt-out of such differing uses. We encourage you to periodically review this page for the latest information on our privacy practices.

These Terms of Service (the "Agreement") are an agreement between Yana Corp Webhosting Solutions, ("Yana Corp" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Yana Corp and of the Yana Corp websites' (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.

1. Additional Policies and Agreements

  • Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
    • Privacy Policy
    • Acceptable Use Policy
  • Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

2. Account Eligibility

  • By registering for or using the Services, you represent and warrant that:
    • You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
    • 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.
  • It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. 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. Yana Corp 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. If you need to verify or change your contact information, you may utilize the Yana Corp Customer and Support Portal to update your contact information. Providing false contact information of any kind may result in the termination of your account.
  • You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.

3. Transfers

Our Transfers Team will make every effort to help you move your website to us. Transfers are provided as a courtesy service. We do not make any guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult, if not impossible, to migrate some or all account data. In some cases we may not be able to assist you in a transfer of data from an old host. The free transfer service is available for thirty (30) days from your sign up date. Transfers outside of the thirty (30) day period will incur a charge; please contact a member of our Transfers department to receive a price quote. In no event shall Yana Corp be held liable for any lost or missing data or files resulting from a transfer to or from Yana Corp. You are solely responsible for backing up your data in all circumstances.

Transfer Authority
The Administrative Contact and the Registered Name Holder, as listed in the Losing Registrar's or applicable Registry's (where available) publicly accessible Whois service are the only parties that have the authority to approve or deny a transfer request to the Gaining Registrar. In the event of a dispute, the Registered Name Holder's authority supersedes that of the Administrative Contact.

Registrars may use Whois data from either the Registrar of Record or the relevant Registry for the purpose of verifying the authenticity of a transfer request; or from another data source as determined by a consensus policy.

4. Yana Corp Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, "Yana Corp Content"), are the proprietary property of Yana Corp or Yana Corp' licensors. Yana Corp 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 Yana Corp Content. Any use of Yana Corp Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Yana Corp Content. All rights to use Yana Corp Content that are not expressly granted in this Agreement are reserved by Yana Corp and Yana Corp's licensors.

5. User Content

  • 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 Yana Corp 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.
  • Solely for purposes of providing the Services, you hereby grant to Yana Corp 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, Yana Corp does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
  • Yana Corp exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Yana Corp's computers, network hubs and points of presence or the Internet. Yana Corp does not monitor User Content. However, you acknowledge and agree that Yana Corp may, but is not obligated to, immediately take any corrective action in Yana Corp'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 Yana Corp shall have no liability due to any corrective action that Yana Corp may take.

6. Third Party Products and Services

  • Third Party Providers
  • Yana Corp 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.
  • Yana Corp 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. Yana Corp is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
  • Yana Corp as Reseller or Licensor
  • Yana Corp may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Yana Corp Products"). Yana Corp shall not be responsible for any changes in the Services that cause any Non-Yana Corp Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Yana Corp Products, either sold, licensed or provided by Yana Corp to you will not be deemed a breach of Yana Corp's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Yana Corp Product are limited to those rights extended to you by the manufacturer of such Non-Yana Corp Product. You are entitled to use any Non-Yana Corp Product supplied by Yana Corp 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-Yana Corp Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Yana Corp Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
  • Third Party Websites
  • The Services may contain links to other websites that are not owned or controlled by Yana Corp ("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. Account Security and Yana Corp Systems

  • It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.
  • The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Yana Corp may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.
  • Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. Yana Corp may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
  • Any account which causes us to receive an abuse report may be terminated and/or have access to services suspended. If you do not remove malicious content from your account after being notified by Yana Corp of an issue, we reserve the right to leave access to services disabled.
  • Yana Corp reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.

8. Compatibility with the Services

  • You agree to cooperate fully with Yana Corp in connection with Yana Corp's 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, Yana Corp is not responsible for any delays due to your failure to timely perform your obligations.
  • You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Yana Corp to provide the Services, which may be changed by Yana Corp from time to time in our sole discretion.
  • You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Yana Corp 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.

9. Billing and Payment Information

  • Prepayment.
  • 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, payments received will be first applied to the oldest outstanding invoice in your billing account.
  • Taxes.
  • Listed fees for the Services do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority. Any applicable taxes will be added to Yana Corp's invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
  • Late Payment.
  • All invoices must be paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received within 45 days. If you fail to pay the fees as specified herein for a period of 45 days, Yana Corp will terminate your account and delete your content. Yana Corp will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
  • Unlimited Hosting Services are subject to being reclaimed and all content deleted if you fail to make a timely payment.
  • Hosting (Hosted with us). Monthly & Yearly Hosting & Yearly Domain Fees must be paid on or before the last day of each month. Disk over-usage will be charged at TZS 2500 per 10 MB. Payments not received by the 1st of each month will systematically be suspended. A reactivation fee of TZS 30,000 will be charged. Yana Corp reserves the right to suspend client services due to non-payment and interest of 15% per month will automatically be charged on all arrears. Hosting cancellations can only be done in writing and emailed through to cancelhosting@yana.africa on the date of cancellation. All outstanding payments must be paid up to date before your Hosting will be terminated with Yana Corp. Please note that hosting cancellations must be emailed to cancelhosting@yana.africa before the 1st of the new month as it carries a 30-day notice period.
  • Domain Payments.
  • It is solely your responsibility to notify Yana Corp's Billing department via a support ticket created by emailing - support@yana.africa after purchasing a domain. Domain renewal notices are provided as a courtesy reminder and Yana Corp 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.
  • Invoice Disputes.
  • You have ninety (90) days to dispute any charge or payment processed by Yana Corp. If you have any questions concerning a charge on your account, please reach out to our accounts department for assistance.
  • 10. Money-backGuaranteen

    • Managed shared, VPS and Reseller Services.
    • Yana Corp offers a ten (10) day money- back guarantee for Yana Corp's managed shared, VPS, and reseller hosting services only. Subject to the terms described in Section 11 below, if you are not completely satisfied with these hosting services and you terminate your account within ten (10) 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 administrative fees, install fees for custom software or other setup fees, or to any fees for any other additional services.

    11. Cancellations and Refunds

    • Payment Method.
    • No refunds will be provided if you use any of the following methods of payment: bank wire transfers,Bank Cash Deposit, checks. 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 ten (10) day money-back guarantee is purchased and then cancelled within the ten (10) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the Yana Corp Support Team (the "Refund Request") within ninety (90) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic shared, VPS and reseller hosting fees previously paid by you to Yana Corp 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 10. Requests for these refunds must be made in writing to the Yana Corp Support Team. Refunds will only be issued for basic shared, VPS 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 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 dedicated servers, administrative fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at Yana Corp's sole discretion. Any refunds issued for domain names will be reduced by the market value of the gTLD. Purchases of ccTLDs are non-refundable.
    • Cancellation Process.
    • You may terminate or cancel the Services by giving Yana Corp written (Email) notice via the cancelhosting@yana.africa on the date of cancellation. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Yana Corp 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 email 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 tracking number in the subject line for your reference and for verification purposes. Yana Corp will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the confirmation email within a few hours after submitting your cancellation request, please contact us immediately via phone call.

    • We require all cancellations to be done through the online via email 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.

    • Yana Corp reserves the right to suspend client services (due to non-payment or failure to cancel services on time) and interest of 8% per month will automatically be charged on all arrears. All outstanding payments must be paid up to date before your Hosting will be terminated with Yana Corp. Please note that hosting cancellations must be emailed to cancelhosting@yana.africa before the 1st of the new month as it carries a 30-day notice period.

    • Domains.
    • Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify Yana Corp's Accounts department via a support ticket created from http://support.yana.africa 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.
    • Termination
    • Yana Corp 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 Yana Corp or others or cause Yana Corp or others to incur liability, as determined by Yana Corp in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Yana Corp 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, Yana Corp 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.

12. CPU, Bandwidthand Disk Usage

  • Permitted CPU and Disk Usage.
  • All use of hosting space provided by Yana Corp is subject to the terms of this Agreement and the Acceptable Use Policy. Shared hosting space may only be used for web files, active email and content of User Websites. Shared hosting space may not be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. Yana Corp 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. Yana Corp 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 Yana Corp's terms and conditions.
    Dedicated and VPS usage is limited by the resources allocated to the specific plan that you have purchased.
  • Bandwidth Usage.
  • Shared servers are not limited in their bandwidth allowance. Unlimited bandwidth usage is not available for resellers, dedicated or VPS servers, which are subject to the terms of the plan you purchased and can be viewed in your control panel.
  • Uptime Guarantee.
  • If your shared or reseller server has a physical downtime that falls short of the 99.9% uptime guarantee, you may receive one (1) month of credit on your account. This uptime guarantee does not apply to planned maintenance. Approval of any credit is at the sole discretion of Yana Corp and may be dependent upon the justification provided. Third party monitoring service reports may not be used for justification due to a variety of factors including the monitor's network capacity/transit availability. The uptime of the server is defined as the reported uptime from the operating system and the Apache Web Server which may differ from the uptime reported by other individual services. Uptime guarantees only apply to shared and reseller solutions. Dedicated servers are covered by a network guarantee in which the credit is prorated for the amount of time the server is down which is not related to our uptime guarantee.

13. Reseller Terms and Client Responsibility

  • Resellers shall ensure that each of their clients complies with this Agreement.
  • Resellers are responsible for supporting their clients. Yana Corp does not provide support to clients of Yana Corp's resellers.
    If a reseller's client contacts Yana Corp, Yana Corp reserves the right to place a reseller client account on hold until the reseller can assume responsibility for the reseller's client. All support requests must be made by the reseller on its client's behalf for security purposes.
  • Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients. Yana Corp will hold any reseller responsible for any of their client's actions that violate the law or this Agreement.
  • Yana Corp is not responsible for the acts or omissions of our resellers. The reseller hereby agrees to indemnify Yana Corp from and against any and all claims made by any User arising from the reseller's acts or omissions.
  • Yana Corp reserves the right to revise our Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth by Yana Corp.
  • Resellers in the Yana Corp Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the reseller.
  • 14. Shared(non-reseller accounts)

    Shared accounts may not be used to resell web hosting to others. If you wish to resell hosting you must use a reseller account.

    15. Price Change

    Yana Corp 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 Yana Corp through the user billing tool or through other methods of communication, including notices sent or posted by Yana Corp.

    16. 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.

    17. Limitation ofLiability

    IN NO EVENT WILL HOSTGATOR ITS DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF HOSTGATOR IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HOSTGATOR'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HOSTGATOR FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

    18. Indemnification

    You agree to indemnify, defend and hold harmless Yana Corp, 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.

    19. IndependentContractor

    Yana Corp and User are independent contractors and nothing contained in this Agreement places Yana Corp and User in the relationship of principal and agent, partners or joint venturers. 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.

    20. Disclaimer

    Yana Corp shall not be responsible for any damages your business may suffer. Yana Corp makes no warranties of any kind, expressed or implied for the Services. Yana Corp 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 Yana Corp or our employees.

    21. Backups and Data Loss

    Your use of the Services is at your sole risk. Yana Corp's backup service runs once a week and overwrites any of our previous backups. Only one week of backups are kept at a time. This service is provided only to shared and reseller accounts as a courtesy and may be modified or terminated at any time at Yana Corp's sole discretion. Yana Corp does not maintain backups of dedicated accounts. Yana Corp 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 Yana Corp's servers.
    Any shared account using more than 20 gigs 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

    THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE BASIS." EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. HOSTGATOR AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

    23. Disclosure to Law Enforcement

    Yana Corp 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.

    25. Headings.

    The headings herein are for convenience only and are not part of this Agreement.

    26. Changes to the Agreement or the Services

    Yana Corp may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the Yana Corp website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.


    Yana Corp reserves the right to modify, change, or discontinue any aspect of the Services at any time.

    27. 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.

    28. Waiver

    No failure or delay by you or Yana Corp 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.

    29. Assignment; Successors

    You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of Yana Corp. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. Yana Corp 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.

    30. ForceMajeure

    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, labor 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.

    31. 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.