WashaHost Ltd. Hosting Services Terms and Conditions

Effective Date: 20.04.2024

These Terms and Conditions (“Agreement”) govern the use of hosting and related services (“Services”) provided by WashaHost Ltd., a company registered in Rwanda (“we”, “us”, “our”). By using our Services, you agree to be bound by the terms of this Agreement.


1. Introduction

WashaHost Ltd. (“WashaHost”, “we”, “our”) provides a variety of hosting services, including shared hosting, virtual private servers (VPS), dedicated hosting, domain registration, SSL certificates, and other related services (“Services”). By subscribing to any of these services, you agree to the terms outlined in this Agreement.

These Terms and Conditions apply to all customers utilizing our services, and we strongly recommend that you review them carefully.


2. Services Provided

WashaHost Ltd. offers the following services:

  • Shared Hosting: Basic hosting plans for small to medium-sized websites.
  • VPS Hosting: Scalable virtual private server hosting with more control and resources.
  • Dedicated Servers: Hosting with dedicated resources and full server management.
  • Domain Registration: Purchase and management of domain names.
  • SSL Certificates: Enhanced website security through encryption certificates.
  • Backup Services: Optional data backup services for hosted content.

3. Data Privacy and Protection

WashaHost Ltd. is committed to protecting your privacy and complying with all applicable data privacy laws, including Rwanda’s Data Protection and Privacy Law of 2021.

3.1 Data Collection and Use

We may collect the following types of personal data from you:

  • Account information (e.g., name, email address, phone number).
  • Billing information (e.g., payment details, credit card number).
  • Hosting data (e.g., website content, user interactions, email communication).

The information we collect is used for the purposes of providing and improving our services, processing payments, communicating with you, and fulfilling legal obligations.

3.2 Data Processing and Storage

As a hosting provider, we process and store the data that you upload to our servers. We will take all reasonable technical and organizational measures to protect your data from unauthorized access, loss, or corruption.

We will only process your data in accordance with your instructions and in compliance with the Data Protection and Privacy Law of Rwanda. Your data will be retained only for as long as necessary to fulfill the purposes outlined in this Agreement.

3.3 Data Subject Rights

Under Rwanda’s Data Protection Law, you have the following rights regarding your personal data:

  • Right to Access: You may request a copy of the personal data we hold about you.
  • Right to Rectification: If your personal data is inaccurate or incomplete, you may request that we correct or update it.
  • Right to Erasure: You may request the deletion of your personal data under certain conditions, except where we are required to retain it by law.
  • Right to Restrict Processing: You may request that we limit the processing of your personal data under certain circumstances.
  • Right to Data Portability: You have the right to request that your data be transferred to another provider in a machine-readable format.
  • Right to Object: You may object to the processing of your personal data for direct marketing purposes or on grounds relating to your particular situation.

To exercise any of these rights, please contact us at [Insert Contact Information].

3.4 Data Transfers

We may transfer your personal data to countries outside Rwanda for the purposes of providing our services. In such cases, we will ensure that the recipient countries have an adequate level of data protection, or we will implement contractual safeguards to protect your data.

3.5 Security Measures

We employ industry-standard security measures to protect your data, including encryption, firewalls, and secure data storage. However, no data transmission or storage system can be guaranteed to be 100% secure. You acknowledge that you are responsible for securing your own data and for implementing appropriate security measures for your website or services.


4. Client Responsibilities

4.1 Account Information

You agree to provide accurate and up-to-date information when creating your account. If there are any changes to your account details, such as contact or payment information, you agree to update them promptly.

4.2 Account Security

You are responsible for maintaining the confidentiality of your login credentials and other account details. If you suspect unauthorized access to your account, you must notify us immediately.

4.3 Acceptable Use

You agree not to use WashaHost services for unlawful purposes, including but not limited to:

  • Engaging in fraud or other illegal activities.
  • Distributing malware, viruses, or any form of malicious software.
  • Spamming or sending unsolicited emails.
  • Violating intellectual property rights.

You must also comply with all applicable laws and regulations in the jurisdiction where you operate.


5. Backup Services and Data Retention

5.1 Backup Services

  • Backup Responsibility: While WashaHost offers optional backup services, you are solely responsible for maintaining your own backups of website data, databases, emails, and other content. We do not guarantee backup retention.
  • Backup Retention: Backups are kept for a maximum of 7 days. After this period, backups will be automatically deleted from our servers. It is your responsibility to ensure that you store copies of all important data externally.

5.2 Data Loss and Restoration

  • Data Loss: WashaHost does not guarantee the integrity of your data or the ability to restore it in case of loss, corruption, or other issues. We make reasonable efforts to back up data; however, the responsibility for verifying and maintaining backup integrity lies with you.
  • If data is lost or corrupted, we will attempt to restore the data within a reasonable timeframe. However, we do not guarantee successful restoration, and we are not liable for any data loss.

6. Hosting Suspension, Termination, and Expiry

6.1 Suspension of Services

WashaHost reserves the right to suspend or terminate services without notice if:

  • Your hosting fees remain unpaid.
  • You violate any terms of this Agreement.
  • You engage in activities such as spamming, distributing malware, or conducting illegal activities.
  • Your account causes harm to other clients or the server’s overall performance.

6.2 Expiration of Services

  • If your hosting account expires, we will not be able to provide access to your hosted data or offer copies of any data. It is your responsibility to back up your data before your account expires.
  • Once services are terminated or expired, we will not offer any data recovery or backups.

7. Domain Name Transfers

7.1 EPP Code Request

To transfer a domain name registered with WashaHost, you must request an EPP code (authorization code). The request must be made via email from the email address registered with the account. EPP codes will not be issued by phone or chat.

7.2 Domain Transfer Process

After requesting the EPP code, you will receive it via email. You can then initiate the transfer process with your new domain registrar. WashaHost will not be responsible for any issues or delays caused by the new registrar.


8. No Warranty and Limitation of Liability

8.1 No Warranty

WashaHost services are provided “as-is” without any warranties of any kind, whether express or implied, including but not limited to the accuracy, reliability, or availability of our services. We do not guarantee 100% uptime, data integrity, or error-free performance.

8.2 Limitation of Liability

  • WashaHost Ltd.’s liability shall be limited to the total amount you have paid for the affected services within the three-month period prior to the event leading to the claim.
  • Exclusion of Certain Damages: In no event will WashaHost Ltd. be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profit, revenue, or data, even if advised of the possibility of such damages.

8.3 Software Damage

You are responsible for keeping any software on your website up to date. WashaHost is not responsible for any damage caused by outdated software, plugins, or security vulnerabilities that may lead to data corruption or loss.


9. Dispute Resolution and Legal Proceedings

9.1 Dispute Resolution

  • Negotiation: Any disputes arising from this Agreement shall first be attempted to resolve through amicable negotiation between the parties.
  • If the dispute cannot be resolved through negotiation within 30 days, the parties agree to resolve the dispute through binding arbitration in the Republic of Rwanda.

9.2 Governing Law and Jurisdiction

This Agreement shall be governed by the laws of the Republic of Rwanda. Any legal action or proceeding under this Agreement shall be brought exclusively in the courts located within Kigali, Rwanda. By agreeing to these terms, you consent to the exclusive jurisdiction of these courts.

9.3 Legal Fees

  • If WashaHost Ltd. prevails in any legal action or arbitration, you agree to reimburse us for any reasonable attorney fees and court costs incurred.

10. Force Majeure

WashaHost Ltd. shall not be liable for any failure or delay in the performance of our obligations under this Agreement caused by factors beyond our reasonable control, including but not limited to natural disasters, acts of war, terrorism, government regulations, labor disputes, or technical failures.


11. Severability

If any provision of this Agreement is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, the remaining provisions will remain in full force and effect.


12. Amendments and Updates

WashaHost Ltd. reserves the right to modify or update these Terms and Conditions at any time. Any changes will be posted on our website, and your continued use of our services constitutes your acceptance of the updated terms.


13. Entire Agreement

This Agreement constitutes the entire understanding between WashaHost Ltd. and you, superseding any prior agreements or communications, whether oral or written, relating to the subject matter herein.


By subscribing to and using WashaHost Ltd. services, you acknowledge that you have read, understood, and agree to these Terms and Conditions, including the provisions related to data protection, security, and privacy.