Terms And Conditions
Angani Limited Terms and Conditions
Revision Date: June 10, 2015
This Hosting Agreement governs your purchase and use, in any manner, of all hosting, ordered by you and accepted by Angani Limited and describes the terms and conditions that apply to such purchase and use of the Services. You AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED HEREIN. Angani Limited reserves the right to change or modify any of the terms and conditions contained in this Agreement at any time and from time to time in its sole discretion, and to determine whether and when any such changes apply to both existing or future customers. Angani Limited may make changes or modifications to referenced policies and guidelines without notice to you. Your continued use of the Services following Angani Limited ' posting of any changes or modifications will constitute your acceptance of such changes or modifications.
- Payment. As consideration for Angani Limited providing the Hosting Services hereunder, Customer agrees to pay Angani Limited the aggregate monthly fee based on the monthly hosting and email services and the terms selected.
- Provision of Services. Angani Limited will provide Customer with the Services ordered that are described in the Virtual Office Package Features elsewhere in this document. Customer understands and agrees that Angani Limited will host and create the service solely in accordance with the information provided by Customer.
- Rights to the Content. With the exception of any Third-Party Materials and Background Technology as set forth in Section 4, Customer owns the Customer Content. "Customer Content" means all content or information (including, without limitation, any text, music, sound, photographs, video, graphics, data, or software), in any medium, provided by Customer to Angani Limited . "Third-Party Materials" means any content, software, or other computer programming material that is owned by an entity other than Angani Limited , and licensed by Angani Limited or generally available to the public, including Customer, under published licensing terms, and that Angani Limited will use to display or run a Web site.
- Support. Angani Limited agrees to provide reasonable technical support by email to Customer during Angani Limited 's normal technical support hours. Angani Limited will provide customer support by telephone if the customer purchased telephonic support time.
- Term and Termination. (a) This Agreement is effective as of the Effective Date and shall continue unless terminated; (b) Angani Limited may terminate this Agreement after five (5) days' written notice to Customer if Customer materially breaches this Agreement, including, without limitation, failure to pay, and fails to cure such breach during such five (5) day period; and (c) upon the termination of this Agreement, Customer will pay Angani Limited for all Services provided to Customer by Angani Limited prior to termination. Sections 2, 3, 4, 5, 9, 11, and 12 will survive termination of this Agreement.
- Warranty Disclaimer. Except as expressly provided in this Agreement, the Services are provided "as is," and Angani Limited expressly disclaims all warranties and conditions of any kind, express, implied, or statutory, including, without limitation, the implied warranties of title, non-infringement, merchantability, and fitness for a particular purpose. Interruption of Service: You hereby acknowledge and agree that Angani Limited will not be liable for any temporary delay, outages or interruptions of the Services. Each party acknowledges that it has not entered into this Agreement in reliance upon any warranty or representation except those specifically set forth herein. Unless an approval process is specified herein or in a Statement, all Hosting provided by Angani Limited to a Customer will be deemed accepted when delivered.
- Indemnity. (a) Customer Indemnity. Customer will defend Angani Limited against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section . Subject to Section 11, Customer shall indemnify Angani Limited for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Angani Limited as a result of any such third-party claim, action, suit, or proceeding. (b) Angani Limited ' Indemnity. Angani Limited will defend Customer against any third-party claim, action, suit, or proceeding alleging any breach of the covenants contained in Section 6. Subject to Section 11, Angani Limited shall indemnify Customer for all losses, damages, liabilities, and all reasonable expenses and costs incurred by Customer as a result of any such third party claim, action, suit, or proceeding. (c) Mechanics of Indemnity. The indemnifying party's obligations are conditioned upon the indemnified party: (i) giving the indemnifying party prompt, written notice of any claim, action, suit, or proceeding for which the indemnified party is seeking indemnity; (ii) granting control of the defense and settlement to the indemnifying party; and (iii) reasonably cooperating with the indemnifying party at the indemnifying party's expense.
- Limitation of Liability. Angani Limited 's LIABILITY HEREUNDER SHALL NOT EXCEED THE AMOUNT PAID BY CUSTOMER TO Angani Limited DURING THE THREE (3) MONTH PERIOD BEFORE THE ACTION AROSE. Angani Limited SHALL NOT BE LIABLE FOR (A) ANY LOSS OF USE, LOSS OF DATA, OR INTERRUPTION OF BUSINESS OR (B) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), REGARDLESS OF THE FORM OR ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF Angani Limited HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CUSTOMER ACKNOWLEDGES THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT, AND ABSENT SUCH LIMITATIONS, Angani Limited WOULD NOT ENTER INTO THIS AGREEMENT.