Legal

Terms of Service

Last updated: Not yet published — draft

TODO — draft, not legally reviewed

This is a generated starting point, not enforceable language. It must be reviewed by counsel before launch — particularly the NAD billing terms, the data residency claim, the refund and cancellation provisions, and the liability limits, all of which are specific to hosting services and to Namibian law. If IT Guru Solutions has existing counsel-reviewed templates, those should replace this wholesale. The page carries noindex until CONTENT_PENDING.legalReviewed is set to true.

1. Agreement

These terms govern your access to and use of the Faber application hosting service operated by IT Guru Solutions. By creating an account or deploying an application you agree to be bound by them. If you are agreeing on behalf of an organisation, you represent that you have authority to bind that organisation.

2. Accounts

You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. You must notify us promptly of any unauthorised use. Accounts may not be shared between organisations.

3. Plans, fees and billing

Service is provided on the plan selected at signup. Fees are stated and charged in Namibian dollars (NAD) and are billed monthly in advance unless otherwise agreed in writing. Plan changes take effect from the next billing cycle.

Where payment fails or an account falls into arrears, we may suspend provisioning of new resources and, after notice, suspend running applications. Resource limits attached to your plan are enforced at deployment time.

3.1 Cancellation and refunds

You may cancel at any time from the Billing section of your dashboard. Cancellation takes effect at the end of the current billing period. Fees already paid for the current period are not refunded on a pro-rata basis unless required by applicable law.

4. Acceptable use

You may not use the service to:

  • host or distribute unlawful content, or content you lack the rights to distribute;
  • send unsolicited bulk communications;
  • attempt to gain unauthorised access to the platform, other tenants, or the underlying network;
  • consume resources in a way that materially degrades service for other customers;
  • operate services that place Giganet Internet Services in breach of its own network obligations.

We may suspend an application without prior notice where it presents an immediate risk to the platform, the network, or other customers.

5. Your content and data

You retain all rights in the applications and data you deploy. You grant us only the limited rights necessary to host, transmit, back up and display that content in order to provide the service.

6. Location of infrastructure

Applications on shared plans are hosted on infrastructure located in Namibia. A contractual data residency guarantee is available on Enterprise plans; on other plans the location of infrastructure is described as a matter of current operational fact rather than a contractual commitment.

7. Availability

We aim to provide continuous availability but do not warrant uninterrupted service on self-serve plans. Planned maintenance will be communicated in advance where practical. Service level commitments, where they apply, are set out in a separate written agreement.

8. Limitation of liability

To the maximum extent permitted by law, neither party is liable for indirect, incidental or consequential loss, including loss of profits, revenue or data. Our aggregate liability arising out of or relating to the service is limited to the fees paid by you in the three months preceding the event giving rise to the claim.

9. Suspension and termination

We may suspend or terminate access for material breach of these terms, for non-payment, or where required by law. On termination, you remain responsible for fees accrued to the termination date, and we will make your data available for export for a reasonable period before deletion.

10. Changes to these terms

We may update these terms. Material changes will be communicated to the email address on your account before they take effect. Continued use after that date constitutes acceptance.

11. Governing law

These terms are governed by the laws of the Republic of Namibia, and the parties submit to the jurisdiction of the Namibian courts.

12. Contact

Questions about these terms can be raised through our contact page.