Legal

Overview

As a precondition and requirement to use the services available via Gesatech Solutions Limited (“Gesatech”), you, for yourself and for the company or other person(s), if any, representing (“Subscriber” or “Subscribers”, as applicable), hereby accept and agree to be legally bound by these Terms of Service (“Terms”). These Terms are effective immediately between the Subscriber and Gesatech, its Partners, subsidiaries and affiliates. Each Subscriber is subject to these Terms, and by using Gesatech’s services, network and/or systems (collectively the “Services”), Subscriber agrees to be legally bound by and subject to all terms and conditions contained in these Terms, including as well all usage policies and other policies herein. To the extent not inconsistent therewith, these Terms are also incorporated into the individual service agreement, if any, of each Subscriber.

Subscriber represents and warrants that, if an individual, Subscriber is at least 18 years old and otherwise legally competent in all respects to, or, if an entity, Subscriber is a corporation, limited liability company, partnership, or other legal entity duly formed and in good standing, as applicable, and possesses all legal authority and power to accept and be bound by these Terms. Additionally, Subscriber represents and warrants that neither it, she, or he (as applicable), nor any entity it, she or he represents, is prohibited under any part of section 13 of these Terms from registering or signing up with or otherwise subscribing to or receiving any of the Services from Gesatech. Further, Subscriber represents and warrants all information provided by Subscriber to Gesatech has been and is complete, accurate, and current, and that Subscriber shall continue to provide complete, accurate and current information to Gesatech in connection with all registration or renewal processes and further agrees to update all such information as necessary to maintain complete, accurate and current information. Although subscribers of paid services offered through Gesatech must be at least 18 years of age and otherwise legally competent to accept and be legally bound by these Terms, a parent or legal guardian of a minor may obtain an account on the minor’s behalf, and by doing so, consents to such minor’s use of the Services. Subscribing parents and legal guardians each for herself or himself, as applicable, accept and agree to be legally bound by these Terms, and assume full responsibility and liability associated with any failure of compliance with the Terms in connection with said minor’s use of any of the Services.

Gesatech intends to provide the best possible service to each of its Subscribers. Gesatech is also dedicated to staying abreast of new and available technologies that will better serve our Subscribers. However, due to changing technologies, changing laws and the individual and collective needs of our Subscribers, Gesatech reserves the right, in its sole discretion, to change, modify, add or remove all or any part of these Terms at any time with or without notice.

Subscribers may view the most current version of these Terms at http://gesatech.com/about-us/legal/. Any use of the Services by Subscriber, after changes, modifications, additions or deletions to these Terms are posted on the Gesatech website, shall constitute Subscriber’s acceptance of all such changes, additions, modifications or deletions. If a Subscriber does not agree to any such alterations to these Terms, the Subscriber’s sole and exclusive remedy is to cancel the his/her or its account as set forth in Paragraph 3 below.

Notwithstanding Gesatech’s right to alter these Terms without prior notice, Gesatech may, within its sole discretion and as a courtesy to all affected Subscribers, make an effort to provide Subscribers with 7 days advanced notice of any alteration of these Terms if it appears to Gesatech, in its sole discretion, that said alteration may materially and adversely impact said Subscriber’s use of the Services.

If Subscriber is registering a new domain name with Gesatech, or using or transferring a previously registered domain name in conjunction with Subscriber’s use of the Services, Subscriber hereby acknowledges and agrees that Subscriber’s use of the domain name is also subject to the policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”).

  Privacy Policy

Protecting Your Privacy

Gesatech Solutions respects your privacy. This Privacy Policy informs you of our privacy practices, and of the options you have with regard to how your personal information is collected and used. Gesatech Solutions (“Gesatech” or “We”) self-certifies the privacy policies described below in accordance with the U.S.-E.U. Safe Harbor principles, specifically, Notice, Choice, Onward Transfer, Access and Accuracy, Security, and Oversight/Enforcement.

1. Application

This Privacy Policy applies to all websites owned or used by Gesatech (“Gesatech’s Websites”), as well as all Web-based transactions in which Gesatech collects Personal Information (as defined below) from its customers. This Policy applies to all Personal Information received by Gesatech in any format including electronic, paper or verbal formats. Gesatech will not sell or share this information with third parties in ways different than what is disclosed in this Privacy Policy. On a global basis, Gesatech will, and will cause its affiliates to, establish and maintain business procedures that are consistent with this Policy.

2. Scope and Usage

Collection of Personal Information. For the purposes of this Policy, “Personal Information” means any information that identifies, or could be used by or on behalf of Gesatech to identify, an individual. Personal Information does not include information that is encoded, nor does it include publicly available information that has not been combined with non-public Personal Information. In order to provide you with the highest level of service, we ask that you voluntarily provide us with certain Personal Information about yourself. Your Personal Information includes your first and last name, your company name (if applicable), your physical address, and your email address. From time to time, we may also ask you to voluntarily provide us with the email addresses of your friends or colleagues, so they too can benefit from the various products and services offered by Gesatech Solutions and its trusted affiliates. Gesatech also collects information from commercially available sources that it deems credible. Such information may include your name, address, email address and demographic data. The information Gesatech collects from these commercial sources may be combined and cross-referenced with the information you provide to Gesatech.

Use of Your Personal Information. We use your Personal Information to provide you with the services which Gesatech is contractually obligated to provide to you. We also may use your Personal Information to assist you in completing a transaction, or to communicate with you about products or services. We may disclose your Personal Information if we are required to do so by law or we in good faith believe that such action is necessary to (1) comply with the law or with legal process; (2) protect and defend our rights and property; (3) protect against misuse or unauthorized use of our website; or (4) protect the personal safety or property of our users or the public (among other things, this means that if you provide false information or attempt to pose as someone else, information about you may be disclosed as part of any investigation into your actions). In addition, we may use your Personal Information in the aggregate to determine our customers’ demographics and preferences. By so doing, we are able to provide you with targeted services that you may find to be helpful and informative. Other than as stated in this Privacy Policy, we will not release your Personal Information to unknown or unaffiliated third parties, and we will not cross-reference your Personal Information with that of any other customer or entity.

Sharing of Your Personal Information. On occasion, we may hire third parties to perform certain functions on our behalf. Examples include fulfilling orders, delivering packages, removing repetitive information from our customer lists, analyzing data, providing marketing assistance, and providing customer service. These third parties have access to your Personal Information to the extent necessary to permit them to do their jobs, however, they are bound by confidentiality agreements before any information is provided to them, and they are restricted from using the information for other purposes. Where Gesatech has knowledge that one of Gesatech’s employees or agents is using or disclosing Personal Information in a manner contrary to this Policy, Gesatech will take reasonable steps to prevent or stop the use or disclosure. Gesatech holds its employees and agents accountable for maintaining the trust that our customers place in the company. Also, in the unlikely event that Gesatech or substantially all of Gesatech assets are acquired, your Personal Information may be one of the transferred assets. It is Gesatech practice to seek appropriate protection for information in these types of transactions.

Your Choices. You will have the option to opt-out of any uses of Your Personal Information in which your Personal Information would be disclosed to a non-agent third party, or where such information would be used for a purpose other than the purpose for which it was originally collected or subsequently authorized by you. Gesatech will provide you with reasonable “opt out” mechanisms to exercise your choice before Gesatech discloses any information as described in the paragraph.

Accuracy & Access. Gesatech will take reasonable steps to ensure that you Personal Information is relevant, accurate, complete and current, to its intended use. We provide individuals with reasonable access to personal information that they provided to us, as well as the ability to review and correct such information, as applicable. To protect your privacy and security, we also take reasonable steps to verify your identity, such as requiring a password and user ID, before granting access to your Personal Information. To view and change the Personal Information that you directly provided to us, you can return to the Web page where you originally submitted your data and follow the instructions on that Web page, or contact Gesatech Privacy Officer. In addition, we may limit or deny access to Personal Information where providing such access would be unreasonably burdensome or expensive in the circumstances, or as otherwise permitted by the Safe Harbor Agreement. In some circumstances, we may charge a reasonable fee, where warranted, for access to Personal Information.

Security. To prevent unauthorized access or disclosure, to maintain data accuracy, and to ensure the appropriate use of your Personal Information, we utilize physical, technical and administrative procedures to safeguard the information we collect. Among other things, we use Secure Sockets Layer (SSL) encryption when collecting or transferring sensitive data, such as credit card information. SSL encryption is designed to make the information unreadable by anyone but us. This security measure is working when you see the symbol of either an unbroken key or a closed lock (depending on your browser) at the bottom of your browser window. We also use firewalls and restricted access methods to ensure the security of the information we collect. We limit access to your Personal Information and data to those persons in Gesatech, or agents of Gesatech, that have a specific business purpose for maintaining and processing such information. Gesatech employees who have been granted physical access to your Personal Information will be made aware of their responsibilities to protect the security, confidentiality and integrity of that information and have been provided training and instruction on how to do so. In addition, Gesatech Websites use cookies. A “cookie” is a small text file that contains a string of alphanumeric characters. There are two types of cookies that may be used at Gesatech Websites: persistent cookies or session cookies. A persistent cookie gets entered by your Web browser into the “Cookies” folder on your computer and remains there after you close your Web browser. Persistent cookies may be used by your browser on subsequent visits to the site; however, session cookies are held temporarily in your computer’s memory and disappear after you close your browser or shut off your computer. If you have arrived at any of Gesatech Websites by clicking on a banner ad for one of Gesatech products or services, a session cookie may be used. This cookie contains an identification number for the advertisement that you clicked on, and it helps Gesatech determine which of its ads attracts the most visitors. If you choose to request further information from us about Gesatech products and services, the personal information that you provide in that request will be linked to the information in the session cookie. In order to better understand how our sites are used, Gesatech Websites may also use persistent cookies along with other information collected in our servers’ files (e.g., IP Address, referring URLs, etc.). Such information is not combined with information from any other cookie.

Contact for Privacy Issues. All privacy related issues should be forwarded to support@gesatech.com.

3. Dispute Resolution

Gesatech will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal information in accordance with the principles contained in this Policy. For complaints that cannot be resolved between Gesatech and the complainant, we have agreed to participate in the dispute resolution procedures of the panel established by the EU data protection authorities to resolve disputes pursuant to the Safe Harbor Principles. In the event that we or such authorities determine that we did not comply with this policy, we will take appropriate steps to address any adverse effects and to promote future compliance. Any person who we determine is in violation of our privacy policies will be subject to disciplinary process.

4. Changes to This Privacy Policy

The practices described in this Policy are the current Personal Information protection policies as of March 15, 2010. Gesatech reserves the right to modify or amend this Policy at any time consistent with the requirements of the Safe Harbor Principles. Appropriate notice will be given concerning such amendments

 

  Return & Cancellation

Returns and Refunds

Return for Products are accepted within 15 days of the date of purchase, subject to 25% restocking fee. All returns must be sent in the original package; in the same condition it was received. Damaged or defective products will only be accepted when accompanied by an authorization previously issued by Gesatech or its affiliates. Defective or damaged materials will be exchanged with the same material at no additional cost, as long as our customer service department is informed within 24 hours of delivery. All materials will be inspected to determine whether the item appears defective. Contact our customer service department on +233-(0) 20 870 1524 at returns@gesatech.com to obtain a return or exchange authorization. The return authorization must be affixed to the package. Shipments without a return authorization will not be accepted.

Order Cancellation

To cancel an online order placed with Gesatech Solutions, you must contact customer service within 24 hours. Every effort will be made to accommodate the cancellation of your order, as long as it has not been processed or shipped yet. When contacting customer service to cancel an order, please note that your name, the order number, and your contact information will be demanded. In case your order has not shipped, you will receive a full refund. Please note that, if the item has shipped, the order cannot be cancelled. In this case you can request to return the item for a refund (minus shipping costs and 25% restocking fee). An order for domain name registration, digital certificates and IP addresses can not be cancelled once provisioned.

Performance Guarantee

Performance Guarantee is our commitment to your business. Gesatech issues a Service Level Agreement (SLA) as a standard part of each subscription service agreement. This SLA spells out specific targets for each service, how they are measured and reported, what compensation is offered when we don’t meet those targets. Where applicable, Gesatech provides quarterly performance reports that identify how well we performed against each target. In the event that monthly targets are not met, we may issue a credit against the following month’s invoice.

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Payment & Renewal (Accounts & Domain Names)

Term of Service. The term of Subscriber’s subscription to the Services commences upon Subscriber’s acceptance of these Terms and subsequent payment for said services. Term of Service terminates as set forth in Paragraphs 2.04 and 3.01.

Payment. Subscriber agrees to pay all applicable fees for Services in effect at the time of registration and/or renewal, subject to these Terms as same may be modified by Gesatech from time to time.

Automatic Renewal of Account and/or Domain Name. As a courtesy and not as an obligation (contractual or otherwise), thirty (30) days prior to the expiration of Subscriber’s hosting account, Gesatech will automatically renew Subscriber’s hosting account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber’s current method of payment on file. Likewise, as a courtesy and not as an obligation (contractual or otherwise), thirty (30) days prior to the expiration of Subscriber’s domain, if registered with Gesatech (or one of its Affiliates), or if transferred to and registered with Gesatech (or one of its Affiliates), Gesatech will automatically renew Subscriber’s domain, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Subscriber’s current method of payment on file. Subscriber acknowledges and confirms that the obligation to renew his/her/its account or domain name registration is solely and exclusively the responsibility of the Subscriber, and is not the obligation (contractual or otherwise) of Gesatech. While consenting to Gesatech’s performance of said courtesy, Subscriber hereby releases Gesatech from all liability for its failure for any reason to renew said account or said domain name. Subscriber acknowledges that there may be many reasons why Gesatech is unable to renew said account or domain, including but not limited to inability of Gesatech, for any reason, to bill said renewal to Subscriber’s credit card, to contact or otherwise get response from Subscriber at last known email address, or otherwise. Subscriber acknowledges that said account and/or domain name, if not renewed, for whatever reason, will expire on the account or domain name expiration date, as applicable. In the event that a domain name expires, Gesatech will hold the expired domain name for up to 30 days as a courtesy and not as an obligation (contractual or otherwise). 30 days after expiration, the domain name will fall into Redemption. During the Redemption period the domain name will be inaccessible and unable to be registered elsewhere. In order to bring a domain name out of Redemption, Subscriber must pay a Redemption fee, as well as a renewal fee for the current year. Domain name registration vouchers cannot be applied toward the cost of Redemption. If the domain name is not redeemed within 74 days of expiration, it will be set to Pending Delete status by the domain registry. After the Pending Delete status expires, the domain name will be released for registration. During the Pending Delete period, the domain name will be inaccessible and unrecoverable.

Cancellation of Automatic Renewal of Account or Domain Name. To cancel Automatic Account Renewal or Automatic Domain Name Renewal, Subscriber must notify Gesatech of Subscriber’s intent to cancel at least sixteen (16) days prior to the account or domain name expiration date, by directing Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification to Gesatech, as applicable, by sending same via email to cancellation@gesatech.com. Gesatech agrees that on receipt of Automatic Account Renewal Cancellation Notification and/or Automatic Domain Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Subscriber, and Subscriber’s hosting account and/or domain name, as applicable, shall expire on the account expiration date.

Authority. In the event Subscriber is a corporation, limited liability company, partnership, joint venture, other business entity or group of individuals, the person registering for or renewing Gesatech Services on behalf of Subscriber hereby certifies that he/she has the authority to and does hereby bind the corporation, LLC, partners, joint venture or other individuals in this manner and in connection with Subscriber’s acceptance of all other Terms set forth here