Terms of Service
These Terms of Service are an agreement between www.recode.co.zw , (“Recode” or “us” or “our”) and you (“User” or “you” or “your”). This Agreement sets forth the general terms and conditions of your use of the products and services made available by Recode and of the www.recode.co.zw website (collectively, the “Services”). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services.
By registering for or using the Services, you represent and warrant that:
You are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.
If you use the Services on behalf of another party you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.
Account setup, ownership and communication method
It is your responsibility to provide accurate, current, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file. It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct and complete at all times. Recode is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated contact information being associated with the domain. If you need to verify or change your contact information, please contact our sales team via email. Providing false contact information of any kind may result in the termination of your account. In certain cases you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.
You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account.
Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Recode Content”), are the proprietary property of Recode or Recode ‘s licensors. Recode Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Recode Content. Any use of Recode Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any Recode Content. All rights to use Recode Content that are not expressly granted in this Agreement are reserved by Recode and Recode’s licensors
You may be able to upload, store, publish, display and distribute information, text, photos, videos and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to Recode that
(i) you have all the necessary rights to post or distribute such User Content, and
(ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
Solely for purposes of providing the Services, you hereby grant to Recode a non-exclusive, royalty-free, worldwide right and license to:
(i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content; and
(ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, Recode does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.
Recode exercises no control over, and accepts no responsibility for, User Content or the content of any information passing through Recode’s computers, network hubs and points of presence or the Internet. Recode does not monitor User Content. However, you acknowledge and agree that Recode may, but is not obligated to, immediately take any corrective action in Recode’s sole discretion, including without limitation removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that Recode shall have no liability due to any corrective action that Recode may take.
Third Party Products and Services
Third Party Providers
Recode may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.
Recode does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. Recode is not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.
Recode as Reseller or Licensor
Recode may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non-Recode Products”). Recode shall not be responsible for any changes in the Services that cause any Non-Recode Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non-Recode Products, either sold, licensed or provided by Recode to you will not be deemed a breach of Recode’s obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Recode Product are limited to those rights extended to you by the manufacturer of such Non-Recode Product. You are entitled to use any Non-Recode Product supplied by Recode only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non-Recode Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Recode Product, or any technical data derived therefrom, in violation of any applicable law, rules or regulations.
Third Party Websites
The Services may contain links to other websites that are not owned or controlled by Recode (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.
It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of the 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 username and password. You are required to 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 or update your password before suspending your account.
The Services, including all related equipment, networks and network devices are provided only for authorized customer use. Recode may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, 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. By using the Services, you 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 requires the express written consent of the third party. Recode may, at our discretion, request documentation to prove that your access to a third party network or system is authorized.
Any account that is found to be compromised may be disabled and/or terminated. If you do not clean up your account after being notified by Recode of an ongoing issue, we reserve the right to keep your account disabled. Upon your request, Recode may clean-up your account for an additional fee.
Recode reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law or for technical or other reasons without notice.
Compatibility with the Services
You agree to cooperate fully with Recode in connection with Recode’s provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, Recode is not responsible for any delays due to your failure to timely perform your obligations.
You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Recode to provide the Services, which may be changed by Recode from time to time in our sole discretion.
Backups and Data Loss
You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. Recode does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.
Your use of the Services is at your sole risk. Recode’s backup service runs once a month and overwrites any of our previous backups. Only one month of backups are kept at a time. This service is provided only as a courtesy and may be modified or terminated at any time at Recode’s sole discretion. Recode is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on Recode’s servers.
Billing and Payment Information
It is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.
Unless otherwise provided, you agree that until and unless you notify Recode of your desire to cancel the Services, you will be billed on an automatically recurring basis to prevent any disruption to your Services, using your credit card or other billing information on file with us.
All invoices must be paid within five (5) days of the invoice due date. Any invoice that is outstanding for more than five (5) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, Recode may suspend or terminate your account and pursue the collection costs incurred by Recode, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. Recode will not activate new orders or activate new packages for customers who have an outstanding balance on their account.
Domain renewal notices are provided as a courtesy reminder and Recode is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed within thirty to sixty (30 – 60) days before the renew date.
It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. Recode may report any such misuse or fraudulent use, as determined in Recode’s sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions and/or credit card companies.
You have thirty (30) days to dispute any charge or payment processed by Recode. If you have any questions concerning a charge on your account, contact our billing department directly for assistance.
Cancellations and Refunds
There are no refunds on domain registrations, administrative fees, and install fees for custom software and any of our other services. Purchases of any or all of our services are non-refundable.
You may terminate or cancel the Services by giving Recode written notice via email. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) Recode may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation request and have confirmed all necessary information with you via email or phone, we will inform you in writing (typically email) that your account has been cancelled. Recode will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, please contact us immediately via phone. We require all cancellations to be done through email to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed. Unless you explicitly choose otherwise, cancellations will be effective on the account’s renewal date.
Recode may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due; (ii) you violate this Agreement; (iii) your conduct may harm Recode or others or cause Recode or others to incur liability, as determined by Recode in our sole discretion; or (iv) as otherwise specified in this Agreement. In such event, Recode shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, Recode may charge you for all fees due for the Services for the remaining portion of the then current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.
Recode reserves the right to change prices, the monthly payment amount, or any other charges at any time. We will provide you with at least 15 days’ notice before charging you with any price change. It is your sole responsibility to periodically review billing information provided by Recode through other methods of communication, including notices sent or posted by Recode.
Changes to the Agreement or the Services
Recode may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
Recode reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Disclosure to Law Enforcement
Recode may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies. We cooperate fully with law enforcement agencies
Governing Law and Jurisdiction
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of Zimbabwe. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
You agree to indemnify, defend and hold harmless Recode, our affiliates, and their respective officers, directors, employees and agents (each an “Indemnified Party” and, collectively, the “Indemnified Parties”) from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or relating to
(i) your use of the Services,
(ii) any breach or violation by you of this Agreement; or
(iii) any acts or omissions by you.
The terms of this section shall survive any termination of this Agreement.
THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, RECODE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. RECODE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. RECODE AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
Last Updated: April,05 2020