Phone: 0721 722 333 ~ 0733 174743 Email: info@movetech.co.ke

Terms

Terms of Agreement

The use of services from Movetech Solutions Ltd [hereafter referred to as “Movetech”] constitutes agreement to these terms. You may view our Privacy Policy here.

1.) Account Setup / Email on file
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with Movetech, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. Movetech is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.

Ownership
The credit card holder, Mpesa Account holder or owner of the PayPal e-mail address which is utilized for payment on the account is designated as the authorized owner of the account.

Transfers
Movetech offers FREE content transfers (content migrations) for new dedicated managed accounts only who wants to migrate to Movetech servers. Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make 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. We will try our best, but in some cases we may be unable to assist you in a transfer of data from an old host.

The free transfer services are available for 30 days from your sign up date. Transfers outside of the 30 day free period will incur a charge; please contact a member of the transfers department with specific details to receive a price quote.

Movetech is committed to making it easy to transfer your site to your new hosting account. We can transfer website files, databases, scripts, and one free domain registration transfer.
To qualify for this you must sign up first for a fully dedicated managed account with Movetech by email sales@movetech.co.ke or call 020 269 83 73

Any other accounts transfer from or inter-server is handled by the client, movetech will not be responsible for any data lost in transferring to our servers or our inter-server transfer

Dedicated IP Address Allocation
Any dedicated IP order in addition to ones provided with a hosting package may be subject to IP Justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Third Party Providers
All transactions with third party providers are solely between the visitor and the individual provider. Movetech is not the agent, representative, trustee or fiduciary of you or the third party provider in any transaction. Some products provided by Movetech are provided under license with vendors, and the use of any such third party products will be governed by the applicable license agreement, if any, with such third party.

All discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. All transactions with third party providers are subject to the terms and conditions under which the provider agrees with you to provide the goods or services. You should confirm the terms of any purchase and/or use of goods or services with the specific provider with whom you are dealing.

We do not make any representations or warranties regarding, and are not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers.

2.) Content
All services provided by Movetech may only be used for lawful purposes. The laws Kenya apply.

The customer agrees to indemnify and hold harmless Movetech from any claims resulting from the use of our services.

Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of anothers copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@movetech.co.ke with the information required. A list of required information may be found here. If the request is of a licensing issue, we may require further documentation.

Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Please do not take backups of your backups.
Examples of unacceptable material on all Shared and Reseller servers include:

Topsites
IRC Scripts/Bots
Proxy Scripts/Anonymizers
Pirated Software/Warez
Image Hosting Scripts (similar to Photobucket or Tinypic)
AutoSurf/PTC/PTS/PPC sites
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/Spam Scripts
Banner-Ad services (commercial banner ad rotation)
File Dump/Mirror Scripts (similar to rapidshare)
Commercial Audio Streaming (more than one or two streams)
Escrow/Bank Debentures
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
MUDs/RPGs/PBBGs
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Push button mail scripts
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
Tell A Friend Scripts
Anonymous or Bulk SMS Gateways
Bitcoin Miners
PayDay Loan Sites (including any site related to PayDay loans, PayDay loan affiliate progams, etc)

Examples of unacceptable material on all Dedicated servers include:

IRCD (irc servers)
IRC Scripts/Bots
Pirated Software/Warez
IP Scanners
Bruteforce Programs/Scripts/Applications
Mail Bombers/spam Scripts
Escrow
High-Yield Interest Programs (HYIP) or Related Sites
Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
Sale of any controlled substance without prior proof of appropriate permit(s)
Prime Banks Programs
Lottery/Gambling Sites
Hacker focused sites/archives/programs
Sites promoting illegal activities
Forums and/or websites that distribute or link to warez/pirated/illegal content
Bank Debentures/Bank Debenture Trading Programs
Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
Mailer Pro
Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

Movetech services, including all related equipment, networks and network devices are provided only for authorized customer use. Movetech systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, 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. Use of Movetech system(s) constitutes 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 must be with expressed written consent from the third party. Movetech may, at its discretion, request and require documentation to prove access to a third party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services. All abuse issues must be dealt with via troubleticket/email and will have a response within 48 hours.

Sites hosted on Movetech service(s) are regulated only by Kenyan law and THE KENYA COMMUNICATIONS (AMENDMENT) ACT

If in doubt regarding the acceptability of your site or service, please contact us at info@movetech.co.ke and we will be happy to assist you.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita):

Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: we will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated without notice.

Violations will be reported to the appropriate law enforcement agency.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of 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. It is required that you 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/update your password.

HIPAA Disclaimer We are not “HIPAA compliant.”

Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. movetech.co.ke does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to “protected health information,” as defined under HIPAA is a material violation of this Terms of Service, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that Movetech is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact sales@movetech.co.ke

3.) Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists”, purchased lists, and selling of lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Please read http://www.movetech.co.ke/mailpolicy.html for our generalized mail policy.

Please read http://www.movetech.co.ke/dedicated-mailpolicy.html for our dedicated server mail policy.

Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

Movetech reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.

Movetech reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee or any charges incurred for blacklist removal. This cost of the clean up fee is entirely at the discretion of Movetech.

4. Backups

a) For its own operational efficiencies and purposes, Movetech from time to time backs up data on its servers for only paid backups by subscribers, otherwise for shared backups we don’t tolerate backups nor do we provide backups for clients. All Dedicated clients are entitled to free backup services thats automatic on their servers. but is duty of Subscriber to do so under these Terms.
IT IS SOLELY SUBSCRIBER’S DUTY AND RESPONSIBILITY TO BACKUP SUBSCRIBER’S FILES AND DATA ON provided SERVERS, AND under no circumstance will Movetech be liable to anyone FOR DAMAGES OF ANY KIND under any legal theory for loss of Subscriber FILES AND/or data on any Movetech server. Movetech will not tolerate attempt to back up accounts that exceed 1,000 files or 1 gb of space for any reason.
b) At all times, You shall bear full risk of loss and damage to Your account and all of Your account content. You are entirely responsible for maintaining the confidentiality of Your account access credentials (including but not limited to Your customer username/login, support pin code, password) and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your account content; (ii) maintain independent archival and backup copies of Your account content; (iii) ensure the security, confidentiality and integrity of Your account content transmitted through or stored on our servers; and (iv) ensure the confidentiality of Your password. Our servers are not an archive and we shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The Services offered by Movetech are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Movetech shall have no liability to You or any other person for Your use of Movetech Services in violation of these terms.
c)Your use of the Movetech Web Hosting service is at your sole risk. Movetech is not responsible for any and all files and data residing on your account on our servers. Movetech does not maintain backup copies of customers web sites or e-mail. Movetech cannot guarantee that the contents of a Web site will never be deleted or corrupted, or that a backup of a web site will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any any and all files and data stored on any Movetech server to which you have an account on.

d)For your privacy, all data and files from terminated and canceled accounts are immediately deleted and purged from our servers. This includes any and all back ups. Please make sure to back up all your files and data before canceling your account or any associated domain.

5. Monitoring and Disclosures

All activities occurring on, in, and/or via the Services or any website hosted by Movetech may be monitored, recorded, and examined by any authorized person, including law enforcement. In general, Movetech does not monitor its Subscribers’ websites or activities to determine whether they are in compliance with these Terms. However, when and if Movetech becomes aware of any violation of these Terms, Movetech may take any lawful action, and in the event of illegal activity, will take action, to stop or correct such violation, including, but not limited to, shutting down a website, denying access to the Services or to the Internet via Movetech, and/or removing non-complying information. In addition, Movetech may take any lawful action against a Subscriber or a subscriber, patron, customer, invitee, visitor, or guest of such Subscriber because of the activities of such subscriber, patron, customer, invitee, visitor, or guest. Movetech reserves the right to take any such action even though such action may affect other subscribers, patrons, customers, invitees, visitors, or guests of the Subscriber. Movetech may disclose any information in its possession, including, without limitation, information about Subscribers, internet transmissions and website activity in order to comply with a court order, subpoena, summons, discovery request, warrant, statute, regulation, governmental request, or other legal process to protect Movetech or others from harm, and/or to ensure the proper operation of the Services. Movetech has no obligation to notify any person, including the Subscriber about whom information is sought, that Movetech has provided the information.

6. CMS and Outdated Scripts
All susbscribers are responsible for their own accounts. Any website uploaded on the subscriber account must be upto date.
Subscriber must continually update all CMS website and all outdated scripts to the current version. Any account found to contain any outdated CMS website which may be vunerable to attack will be terminated without consultation. Accounts maybe further charges Ksh 20,000 for not adhering to the terms of keeping their accounts clean.

7. Accurate Account Information

Subscriber must continually update and keep accurate and current Subscriber’s contact information stored and saved on Movetech in order to avoid termination of Subscriber’s Movetech account(s).

8. Duty to Notify Movetech of Breach

If Subscriber discovers anyone on the Movetech system violating any of these Terms or notices anything suspicious from the Movetech network, Subscriber agrees to report the violation or suspicious activity by opening a ticket with the Terms of Service. Movetech reserves the right to and will immediately terminate any account which Movetech concludes to be in violation of any of these Terms.

9. Reservation of Rights

Movetech reserves the right to refuse or to cancel service to any prospective Subscriber or existing Subscriber for any lawful reason at any time during Subscriber’s hosting term with Movetech.

10. Severability

These Terms are binding upon Movetech, all existing and prospective Subscribers, and upon the assigns, heirs, and successors of each. If any provision of these Terms is held by any court of competent jurisdiction to be invalid or otherwise unenforceable, the rest of these Terms shall, nevertheless, continue to be valid and in full force and effect, to the extent said remaining Terms are then otherwise consistent with the original intent of the Terms of Service.

11. Governing Law

These Terms shall be governed by the laws of Kenya without reference to conflict of law principles. The United Nations Convention on the International Sale of Goods shall not apply and is hereby expressly excluded. By subscribing to or using any of the Services of Movetech, Subscriber agrees that all disputes, if any, involving Movetech shall be subject exclusively to the jurisdiction of the Kenyan courts; provided, further, that all action brought against Movetech in Court of Law must be brought in Nairobi County, Kenya. Subscriber hereby agrees that it is subject to the in personam jurisdiction of said courts for all purposes in connection with these Terms and/or in connection with any claim or dispute involving Movetech. Subscriber hereby waives any and all objections that it has or might have, known or unknown, whether under Kenya’s long arm statute or otherwise, to the existence of said in personam jurisdiction. Subscriber agrees that it has no right to and shall not file or otherwise bring a lawsuit against Movetech outside the State of Kenya; and, that Subscriber, if involved before a court in a lawsuit outside of the State of Kenya, shall be deemed to support and to stipulate to a motion made by Movetech to dismiss said lawsuit with respect to Movetech.

12. Payment Information

You agree to supply appropriate payment for the services received from Movetech, in advance of the time period during which such services are provided. Subject to all applicable laws, rules, and regulations, all payments will apply to the oldest invoice(s) in your billing account. You agree that until and unless you notify Movetech of your desire to cancel any or all services received, those services will be billed on a recurring basis.

Cancellations must be done in writing via the cancellation form provided. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, 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 for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee 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, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.

As a client of Movetech, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree that until and unless you notify Movetech of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis, unless otherwise stated in writing by Movetech. Movetech reserves the right to bill your credit card or billing information on file with us. Movetech provides a 10 day grace period from the time the invoice is generated and when it must be paid. Any invoice that is outstanding for 10 days and not paid will result in a Ksh1000 late fee and/or an account suspension until account balance has been paid in full. The Ksh1000 late fee is applied in addition to whatever else is owed to Movetech for services rendered. Access to the account will not be restored until payment has been received.

It is the customer’s responsibility to notify our Billing department via a support ticket created from http://support.movetech.co.ke after paying for a domain. Domain renewal notices and invoices are provided as a courtesy reminder and Movetech cannot be held responsible for failure to renew a domain or failure to notify a customer about a domain’s renewal.

Subsequently, domain renewals are billed and renewed 30 days before the renew date. It is the customer’s responsibility to notify our Billing department via a support ticket created from http://support.movetech.co.ke for any domain registration cancellation. No refunds can be given, once a domain is renewed. All domain registrations, and renewals are final.

Invoices that have been paid more than once with multiple Paypal Subscriptions can only be added as credit towards the account and cannot be refunded via Paypal. If you require assistance with this provision, please visit http://support.movetech.co.ke to create a support ticket to our Billing department.

Movetech reserves the right to change the monthly payment amount and any other charges at anytime.

13. Cancellations and Refunds
You can read General Refund Policy here
Movetech reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in Kenyan Shillings, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Movetech is not responsible for any change in exchange rates between time of payment and time of refund.

The following methods of payments are non-refundable, and refunds will be posted as credit to the hosting account:

Bank Wire Transfers
Western Union Payments
Checks
Money orders

There are no refunds on dedicated servers, administrative fees, and install fees for custom software. Refund requests for .com, .net., and .org domain names (made within the 45 day money-back guarantee period) will have the common market value subtracted for those tld’s. Any ccTLD’s domain name purchases are non-refundable. Please note that domain refunds will only be considered if they were ordered in conjunction with a hosting package. Eligibility of said refunds will be determined at the time of cancellation.

Any processing fee(s) will be deducted from a refund.

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, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

14. Resource Usage

User may not:
1) Use 25% or more of system resources for longer then 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
2) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
3) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
4) Run any software that interfaces with an IRC (Internet Relay Chat) network.
5) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
6) Participate in any file-sharing/peer-to-peer activities
7) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
8) Run cron entries with intervals of less than 15 minutes.
9) Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
10) When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
11) To help reduce usage, do not force html to handle server-side code (like php and shtml).
12) Only use https protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.

15. Bandwidth Usage
You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

16. Money back Guarantee
On dedicated servers no full refund will be honored — the 45 day money back guarantee does not apply. We reserve the right to refund a prorated amount or no refund at all.

Each of Movetech’s managed shared, VPS, and reseller servers carry a 45 day unconditional money back guarantee on them. If you are not completely satisfied with our services within the first 45 days of your service, you will be given a full refund of the contract amount. Remember, this is only for monthly shared or reseller packages and does not apply to dedicated servers, administrative fees, install fees for custom software, or domain name purchases.

Movetech will not activate new orders or activate new packages for customers who have an outstanding balance with Movetech. For a new order to be setup or a new package to be activated, you must have a balance of Ksh0.00, unless otherwise stated by Movetech in writing.

17. Uptime Guarantee
If your shared / reseller server has a physical downtime that is not within the 99.9% uptime you may receive one month of credit on your account. Approval of the credit is at the discretion of Movetech dependent upon 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. To request a credit, please visit http://support.movetech.co.ke to create a support ticket to our Billing department with justification. Uptime guarantees only apply to shared / 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.

18. Reseller: Client Responsibility
Resellers are responsible for supporting their clients. Movetech does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. Movetech will hold any reseller responsible for any of their clients actions that violate the law or the terms of service.

19. Shared (non-reseller accounts) / Semidedicated Servers
Shared accounts may not resell web hosting to other people, if you wish to resell hosting you must use a reseller account. Semi-dedicated servers are not backed up. You must maintain your own backups.

20. Dedicated Servers
Movetech reserves the right to reset the password on a dedicated server if the password on file is not current so that we may do security audits as required by our datacenter. It is the responsibility of the client to ensure that there is a valid email address and current root password on file for their dedicated server on file to prevent downtime from forced password resets. Movetech reserves the right to audit servers as needed and to perform administrative actions at the request of our datacenter. Dedicated servers are NOT backed up by us and it is the responsibility of the client to maintain backups or have a solution for this. It is your responsibility to maintain backups.

21. Price Change
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on movetechsolutions.com, and the right to increase the amount of resources given to plans at any time.

22. 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 signed up using a particular domain, you may not resign up 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 invoices will be added to the account. Coupon abuse will not be tolerated and may result in the suspension or termination of the account. Coupons or discounts are only valid towards the initial purchase, and do not affect the renewal or recurring price.

23 a. Indemnification
Customer agrees that it shall defend, indemnify, save and hold Movetech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Movetech, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Movetech against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Movetech; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Movetech’s server.

23 b. Arbitration By using any Movetech services, you agree to submit to binding arbitration. If any disputes or claims arise against Movetech or its subsidiaries, such disputes will be handled by an arbitrator of Movetech’s choice. An arbitrator from the Kenya Arbitration Association or the National Arbitration Forum will be selected in Nairobi. Arbitrators shall be lawyers or retired judges and shall be selected pursuant to the applicable rules. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The Kenya Arbitration Act, and not any state arbitration law, governs all arbitration under this Arbitration Clause. You are also responsible for any and all costs related to such arbitration.

24. Disclaimer
Movetech shall not be responsible for any damages your business may suffer. Movetech makes no warranties of any kind, expressed or implied for services we provide. Movetech disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, termination due to non compliant and any and all service interruptions caused by Movetech and its employees.

25. Disclosure to law enforcement
Movetech may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

26. Changes to the TOS
Movetech reserves the right to revise its policies at any time without notice.

IF YOU, FOR YOURSELF OR ON BEHALF OF ONE OR MORE PERSONS YOU ARE REPRESENTING WITH RESPECT TO MOVETECH SERVICES, DO NOT AGREE TO ANY OF THE FOREGOING TERMS, YOU MUST, FOR YOURSELF AND ON BEHALF ANY SUCH PERSON(S), DISCONTINUE THE REGISTRATION PROCESS, DISCONTINUE YOUR USE OF THE SERVICES, AND, IF YOU ARE ALREADY A MEMBER, CANCEL YOUR MOVETECH ACCOUNT. BEGINNING NOW, ANY CONTINUATION BY YOU IN USING THE SERVICES CONSTITUTES FOR YOU AND THOSE REPRESENTED BY YOU AN EXPRESS AFFIRMATION AND COMMITMENT TO BE (OR TO CONTINUE TO BE, AS APPLICABLE) LEGALLY BOUND BY AND TO COMPLY WITH ALL OF THESE TERMS.