Please read this carefully. This is a binding agreement between you and Fabonic Ltd.. By ordering, paying for, accessing or using any of our services — or by confirming at checkout that you accept these terms — you agree to be bound by every clause below, including the limits on our liability in clauses 15 to 17. If you do not accept these terms, do not use the services.
1.1 These Terms of Service (the “Terms”) govern the supply of all services by Fabonic Ltd. (“Fabonic”, “we”, “us”, “our”), a company registered in the United Republic of Tanzania, to you (the “Client”, “you”).
1.2 The agreement between us consists of, in descending order of precedence: any written order form or service-specific agreement signed by us; these Terms; our Acceptable Use Policy; our Privacy Policy; and the description of the service shown on our website at the time of your order. Where those documents conflict, the higher-ranking one prevails.
1.3 This agreement takes effect when we accept your order, which occurs when we activate the service, issue an invoice for it, or confirm the order in writing — whichever happens first. We are not obliged to accept any order, and we may decline or cancel any order at our discretion before activation.
1.4 Any terms you put forward — in a purchase order, email, tender document or procurement portal — are excluded and have no effect unless a director of Fabonic Ltd. has accepted them in writing.
1.5 If you enter into this agreement on behalf of a company, organisation or other person, you confirm that you are authorised to bind them, and “you” means both you and that entity, jointly and severally.
“Services” means any product or service we supply, including domain registration and related domain services, web hosting, email, SSL certificates, servers, licences, DNS, migration, support and professional services.
“Client Content” means all data, files, code, databases, email, media, domain names and other material that you or your users upload, transmit, publish, store or process using the Services.
“Registry” means the operator of a domain name extension, including the national registry for .tz domains and the registry operator for any other generic or country-code extension. “Registrar” means an entity accredited to submit registrations to a Registry.
“Supplier” means any third party whose infrastructure, network, software or services we use to deliver the Services, including data centres, connectivity providers, registrars, registries, certificate authorities, payment processors and licensors.
“Billing Period” means the recurring term you selected for a service (monthly, quarterly, annually or otherwise).
3.1 You must be at least 18 years old and legally capable of entering into a binding contract.
3.2 You must provide complete, accurate and current registration details — including your legal name, physical address, telephone number and a working email address that you monitor — and must keep them up to date through the client area at all times.
3.3 Providing false, incomplete or out-of-date information, or failing to respond to a verification request within the time we specify, is a material breach of this agreement and entitles us to suspend or terminate the Services immediately and without refund.
3.4 We may require identity, business-registration, tax or payment verification before or at any time after activation, and may withhold or suspend the Services until we are satisfied. We may refuse service to any person at our discretion, to the extent permitted by law.
3.5 All notices, invoices, renewal reminders and expiry warnings are sent to the email address on your account. It is your sole responsibility to ensure that the address is valid, has capacity, and does not filter our messages. We are not responsible for any consequence — including the loss of a domain name or the deletion of data — arising from a notice that you did not receive or did not read.
4.1 You are solely responsible for all activity that occurs under your account, whether or not authorised by you, and for keeping your passwords, API keys, EPP and authorisation codes and other credentials confidential.
4.2 Any instruction, order, cancellation or configuration change made using your credentials is treated as made by you and is binding on you. This includes actions taken by your employees, contractors, agents, web developers, resellers and end users.
4.3 You must notify us immediately at support@fabonic.co.tz of any suspected unauthorised access. We are not liable for any loss arising before we receive that notice and have had a reasonable opportunity to act on it.
4.4 We may act on any instruction we reasonably believe to have come from you, and are under no obligation to investigate its authenticity.
5.1 We will supply the Services with reasonable skill and care. Except as expressly stated in a separate written service level agreement signed by us, we give no commitment as to uptime, availability, speed, throughput, latency, email deliverability, search indexing or ranking, or fitness for any particular purpose.
5.2 The Services are provided on a shared, best-efforts basis. Interruptions occur. You accept that access may be unavailable or degraded because of maintenance, upgrades, hardware or software failure, network congestion, power interruption, attack, Supplier action, or any matter described in clause 19.
5.3 We may carry out scheduled maintenance at any time and will endeavour, but are not obliged, to give advance notice. Emergency maintenance may be carried out without notice. No credit, refund or compensation is due in respect of any maintenance window.
5.4 We may modify, relocate, re-platform, re-price, re-specify or discontinue any service, plan, feature, resource allocation or hosting location. Where a change materially and adversely affects a service you have already paid for, your sole remedy is to cancel that service and receive a pro-rata credit for the unused, unexpired part of the current Billing Period, excluding domain registrations, licences, certificates and setup fees.
5.5 Support is provided through the channels listed on our website, during our published hours. Support covers our own platform only. We are under no obligation to debug, repair, secure, optimise, migrate or restore Client Content, custom code, third-party applications, plugins, themes or configurations, and any assistance we do give with those is a courtesy, provided without warranty and without liability.
6.1 We act as an intermediary. Domain names are allocated by the relevant Registry, not by us. When you order a domain we submit an application on your behalf. We do not guarantee that any application will succeed, that a name shown as available will remain available, or that a name will be allocated within any particular time.
6.2 Availability results, suggestions and prices displayed on our website are indicative only and do not constitute an offer. A name may be registered by another party, reserved, blocked, re-classified as premium, or rejected by the Registry between your search and the completion of the registration.
6.3 Every domain is subject to the policies, rules, eligibility criteria, dispute procedures and fees of its Registry, of the sponsoring Registrar, and where applicable of ICANN and of the Tanzania Communications Regulatory Authority. Those rules are incorporated into this agreement, may change without notice to you, and prevail over these Terms in respect of the domain. You are responsible for reading and complying with them.
6.4 Certain extensions, including .co.tz and other .tz second levels, impose eligibility, local-presence, documentary or local-contact requirements. You warrant that you meet them and will continue to meet them. If a Registry rejects, suspends, deletes, revokes or transfers a domain because you do not, no refund is due and we are not liable for the consequences.
6.5 You warrant that your registration and use of a domain does not infringe any trademark, trade name, personal name or other right, and is not made in bad faith. You are solely responsible for defending any dispute or takedown proceeding and for any resulting cost, transfer or cancellation. We may comply with any Registry, court, regulatory, law-enforcement or dispute-resolution decision without notice to you and without liability.
6.6 Domain registration, renewal, transfer, restoration, redemption, trustee and privacy fees are non-refundable in all circumstances, including where the registration fails, is rejected, is cancelled, is later deleted, or where you change your mind. Those fees are committed to the Registry at the moment of submission and are not recoverable by us.
6.7 Transfers into or out of our management are subject to Registry rules, including transfer locks, the sixty-day post-registration and post-transfer lock periods, and authorisation-code procedures. We may decline to release a domain while any amount is outstanding on your account, while the domain is subject to a dispute or suspected fraud, or where release is prohibited by Registry rules. We do not guarantee any transfer timeframe and are not liable for a transfer that fails, is delayed, or is rejected by the gaining or losing provider.
6.8 Registries require registrant contact data to be accurate, and require that it be published, escrowed or disclosed as their policy provides. You consent to that collection, publication, escrow and disclosure. Deliberately supplying false contact data is grounds for immediate cancellation of the domain without refund.
6.9 Where a domain is registered in our name, or in the name of a trustee or proxy, for your benefit, we hold no beneficial interest in it, but the contractual relationship with the Registry remains ours and remains subject to this agreement.
7.1 Resources described as “unlimited”, “unmetered” or “generous” are offered on a fair-use basis for ordinary website and email use. They do not entitle you to consume resources in a way that degrades service for other clients.
7.2 We may set, publish and enforce limits on CPU, memory, disk, inodes, processes, concurrent connections, database size, bandwidth, email volume, sending rate, recipient counts and mailbox size, and may change those limits. We may throttle, isolate, suspend or require an upgrade of any account that exceeds them, with or without notice.
7.3 Shared hosting is not suitable for bulk mailing, cryptocurrency mining, public file or media distribution, proxies, VPNs, tunnelling, torrent activity, streaming, game servers, load or stress testing, mass scraping, or continuous background processing. Any such use may be suspended or terminated immediately and without refund.
7.4 You are responsible for keeping every application, content management system, plugin, theme and library you install patched and secure. We may, without notice, disable, quarantine, patch or remove any file, application or component that is vulnerable, compromised, malicious, or consuming resources abnormally, in order to protect our platform and our other clients.
7.5 Email delivery depends on receiving networks, reputation systems and blocklists operated by third parties, none of which we control. We give no guarantee that any message you send will be delivered, or that any message sent to you will arrive, or that any message will be free of malware or spam. We may impose sending limits, rate limits and outbound filtering.
7.6 We may move your account between servers, IP addresses, data centres or platforms at any time. We give no guarantee of a dedicated or unchanging IP address unless one has been purchased as a separate item.
8.1 You must not use the Services, and must not allow anyone else to use them, for any purpose that is unlawful under the laws of the United Republic of Tanzania or of any other jurisdiction that applies to you or to your audience. This includes the Cybercrimes Act, the Electronic and Postal Communications Act and the regulations made under it, the Personal Data Protection Act, and applicable content, gaming, financial-services and consumer legislation.
8.2 Without limiting clause 8.1, the following are prohibited:
8.3 You are responsible for all Client Content and for the conduct of every user of your services, including your own customers where you resell. Not knowing what is hosted under your account is not a defence.
8.4 We have no obligation to monitor Client Content and do not do so as a matter of course. Where we become aware of material that we consider, in our sole discretion, to breach this clause 8, to expose us to liability, or to be the subject of a credible complaint or a lawful request from a regulator, court or law-enforcement body, we may remove or disable it, suspend the account, or terminate the Services immediately, without notice and without refund, and may disclose account and traffic information to the requesting authority as the law requires or permits.
9.1 Fees are those shown at the time of your order or set out in the invoice we issue, and are payable in advance for each Billing Period.
9.2 Prices are quoted exclusive of Value Added Tax and of any other tax, levy, duty, withholding or regulatory charge, which are payable by you in addition at the prevailing rate. Where you are required by law to withhold any amount, the sum payable to us is increased so that we receive the full invoiced amount.
9.3 Payment is complete only when cleared funds are received by us. Bank charges, mobile-money charges, card-processing fees, currency-conversion costs and remittance fees are your responsibility.
9.4 Where the invoice currency differs from the currency of your payment instrument, the rate applied by your bank or provider is a matter between you and them, and any resulting shortfall remains payable.
9.5 Overdue amounts may attract a late-payment charge and interest at 2% per month, or the maximum permitted by law if lower, accruing daily from the due date until payment. You are also liable for all reasonable costs of recovery, including legal and debt-collection fees.
9.6 We may change our prices at any time. A change applies to a service you already hold from its next renewal, and we will endeavour to notify you before that renewal. Renewal prices are never guaranteed, and Registry, licensor and certificate authority increases — including those driven by exchange-rate movement — may be passed through to you at any renewal.
9.7 You must raise any query about an invoice within seven (7) days of its issue. After that period the invoice is deemed accepted and undisputed.
9.8 Initiating a chargeback, payment reversal or bank dispute instead of contacting us is a material breach. We may suspend or terminate all your services immediately, recover the disputed amount together with an administrative charge covering the processor's fee and our handling cost, and decline to provide services to you in future.
9.9 You may not set off, deduct or withhold any amount owed to us against any claim you may have against us.
10.1 All services renew automatically for successive Billing Periods at the then-current price until cancelled under clause 11. By placing an order you authorise us to invoice each renewal and, where you have stored a payment method or mandate, to charge it.
10.2 Renewal reminders are a courtesy, not an obligation. Non-receipt of a reminder does not cancel your service, does not waive the amount due, and does not excuse non-payment.
10.3 Where a renewal invoice is not paid by its due date we may suspend the service, and may terminate it and delete all associated data after a further period determined by us. A reactivation fee may apply.
10.4 Domain expiry is your responsibility. If a domain is not renewed and paid for before the Registry's deadline it will expire. Once expired it may be suspended, parked, placed in a redemption or pending-delete period, released to the public, auctioned, or acquired by a third party, all according to Registry policy and outside our control. Restoration during a redemption period, where the Registry offers one, attracts the Registry's restoration fee plus our administrative charge and is never guaranteed.
10.5 We may, but are never obliged to, renew a domain on your behalf to prevent its loss. If we do, you must reimburse us on demand.
10.6 We accept no liability whatsoever for the loss of a domain name, or for any loss of traffic, email, revenue, goodwill or business flowing from it, where the cause is non-payment, an expired or declined payment method, out-of-date contact details, a failed or delayed transfer, or Registry action.
11.1 To cancel a service you must submit a cancellation request through the client area at least seven (7) days before the next renewal date. Requests made by any other means, made late, or made to an individual member of staff may not be actioned, and the renewal invoice remains payable.
11.2 Deleting your files, allowing a payment to fail, or simply ceasing to use a service does not cancel it and does not stop invoicing.
11.3 The following are non-refundable in all circumstances: domain registrations, renewals, transfers, restorations and privacy services; SSL and other certificates; software licences; setup, installation, migration and configuration fees; dedicated and additional IP addresses; professional services and any work already performed; and any service cancelled or terminated for breach of these Terms.
11.4 Where we offer a money-back period on a specific hosting plan, it is stated on that plan's page. It applies only to the first Billing Period of a first-time order by that client, only to the recurring hosting fee itself, excludes every item listed in clause 11.3, and is void where the account has been suspended or terminated for breach or where we consider the plan is being used abusively.
11.5 We do not give refunds, credits or compensation for downtime, degraded performance, data loss, email non-delivery, migration difficulty, incompatibility with your software, or dissatisfaction with performance, features or support.
11.6 Any refund we do approve is made at our discretion to the original payment method, net of transaction and processing costs already incurred, and may be issued as account credit.
11.7 Nothing in this clause 11 affects any right you may have that cannot lawfully be excluded.
12.1 You are solely responsible for maintaining your own current, complete and tested off-site backups of all Client Content. You must not rely on us as your backup.
12.2 Any backup we take is taken for our own operational and disaster-recovery purposes. It is made available to you, if at all, as a courtesy. We do not warrant that a backup exists, that it is recent, that it is complete, that it covers your data, that it is free of corruption, or that a restore will succeed. A restore request may attract a fee.
12.3 We are not liable for any loss, corruption, deletion, disclosure or inaccessibility of Client Content, however caused, including where caused by our own act or omission, by hardware failure, by a compromise of your account or applications, or by a Supplier.
12.4 On termination or expiry, for any reason, we may permanently delete all Client Content, backups, email and account data without further notice. Data deleted in this way cannot be recovered. Retrieve anything you need before the service ends.
12.5 You retain ownership of Client Content. You grant us a non-exclusive licence to host, copy, transmit, cache, display and process it strictly as needed to deliver the Services, to comply with the law, and to protect our platform.
13.1 We may suspend any or all of the Services immediately, in whole or in part, and without prior notice, where: an amount is overdue; we suspect fraud, abuse, a compromised account or a breach of clause 8; the Services are placing our network, our Suppliers or our other clients at risk; a regulator, court, Registry or law-enforcement body requires it; or you have given false information or failed verification.
13.2 Suspension does not suspend your payment obligations. Fees continue to accrue for the suspended period, and a reactivation fee may apply.
13.3 We may terminate this agreement or any service: immediately, for material breach, for repeated breach, or on any ground in clause 13.1; on insolvency, liquidation, receivership or a similar event affecting you; or for convenience on thirty (30) days' written notice, in which case we will credit the unused part of any prepaid recurring fee, excluding the items listed in clause 11.3.
13.4 You may terminate in accordance with clause 11.1.
13.5 On termination all amounts owed become immediately due and all licences granted to you end. Clauses 4, 8, 9, 11, 12, 14, 15, 16, 17, 18, 22 and 23 survive termination.
13.6 Where we terminate for your breach, no refund of any kind is due, and we may decline to provide any service to you, or to any entity connected with you, in future.
14.1 The Services depend on infrastructure, networks, software and services provided by Suppliers. We do not control them, and we are not liable for their acts, omissions, failures, price changes, policy changes, outages, insolvency, or withdrawal of a product or feature.
14.2 Where a Supplier fails, suspends, delays, restricts or ceases a service, or changes its terms, our obligations to you are correspondingly reduced or suspended without liability, and we may pass any consequent change through to you, including a price change or a migration to an alternative.
14.3 Third-party software, scripts, plugins, themes, control panels, certificates and applications made available through us are supplied on their own licensor's terms, which you accept by using them. We give no warranty in respect of them and provide no support for them beyond the courtesy assistance described in clause 5.5.
14.4 Links, integrations and referrals to third-party sites or services are provided for convenience only and are not an endorsement. Your dealings with any third party are entirely at your own risk.
15.1 The Services are provided “as is” and “as available”. To the maximum extent permitted by law, all conditions, warranties, terms and representations not expressly set out in these Terms — whether express, implied by statute, custom, course of dealing or otherwise, including any implied warranty of merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, accuracy, security or uninterrupted operation — are excluded.
15.2 We do not warrant that the Services will be uninterrupted, timely, secure or error-free; that any defect will be corrected; that the Services will meet your requirements or be compatible with your software; that data transmitted will arrive intact; or that the Services or our network will be free of viruses, intrusion or attack.
15.3 No advice or information, whether oral or written, given by us or by our staff creates any warranty not expressly stated in these Terms.
16.1 Nothing in these Terms limits or excludes liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be limited or excluded.
16.2 Subject to clause 16.1, we are not liable, whether in contract, tort (including negligence), breach of statutory duty, restitution or otherwise, for any: loss of profit, revenue, turnover, contracts, business or anticipated savings; loss of, corruption of, or inability to access data, files, email or backups; loss of a domain name; loss of goodwill, reputation or search-engine ranking; business interruption; wasted expenditure or management time; loss arising from your own security failures or from the acts of third parties; or any indirect, special, incidental, punitive or consequential loss — in each case whether or not the loss was foreseeable and whether or not we had been advised of its possibility.
16.3 Subject to clauses 16.1 and 16.2, our total aggregate liability arising out of or in connection with this agreement and the Services, for all claims taken together in any twelve (12) month period, is limited to the total amount actually paid by you to us for the specific service giving rise to the claim during the three (3) months immediately preceding the event complained of.
16.4 The limit in clause 16.3 applies in the aggregate and is not multiplied by the number of claims, incidents, services, domains or affected users.
16.5 You must bring any claim within six (6) months of the date on which you first became aware, or ought reasonably to have become aware, of the circumstances giving rise to it. After that period the claim is barred.
16.6 You acknowledge that the fees charged for the Services are set on the basis of the allocation of risk in clauses 15 to 17, that this allocation is a fundamental basis of the bargain between us, and that we would not supply the Services at these prices without it. If you require broader protection you should obtain your own insurance and put in place your own independent backup and redundancy arrangements.
17.1 You will indemnify, defend and hold harmless Fabonic Ltd., its directors, officers, employees, agents and Suppliers against all claims, demands, proceedings, losses, damages, fines, penalties, costs and expenses (including reasonable legal fees) arising out of or in connection with: your use of the Services; Client Content; your breach of these Terms, of the Acceptable Use Policy, or of any Registry or third-party policy; your infringement of any intellectual property or other right; any domain name dispute involving you; any claim brought by your own customers or end users; and any breach by you of applicable law.
17.2 This indemnity survives termination and is not subject to the limits in clause 16.
18.1 Our handling of personal data is described in our Privacy Policy, which forms part of this agreement.
18.2 You consent to our disclosure of your registration and account data to Registries, Registrars, Suppliers, escrow agents, payment processors, credit-reference and fraud-prevention services, professional advisers, and to any regulator, court or law-enforcement body, where required to deliver the Services or where required or permitted by law. Domain data will be published, escrowed or disclosed as Registry policy requires.
18.3 Where you process the personal data of others using the Services, you are the data controller and we act as a processor on your instructions. You are responsible for having a lawful basis for that processing, for notices and consents, for responding to data-subject requests, and for complying with the Personal Data Protection Act and any other applicable data-protection law. You will indemnify us under clause 17 for any failure to do so.
18.4 We may retain account, billing and traffic records after termination for as long as is required by law, by Registry policy, or for the establishment or defence of legal claims.
19.1 We are not liable for any failure or delay in performing our obligations caused by an event beyond our reasonable control, including: power failure or load shedding; failure, congestion or interruption of national or international connectivity, including submarine cable damage; any act, order, direction, licensing decision or intervention of a government, regulator, Registry or authority; internet or DNS failure; cyber-attack, including denial of service; fire, flood, storm, earthquake or other natural event; epidemic or pandemic; war, terrorism, civil unrest or riot; strike or labour dispute; fuel or equipment shortage; import restriction; currency control; and the failure or insolvency of a Supplier.
19.2 Our obligations are suspended for the duration of such an event. If it continues for more than sixty (60) days, either party may terminate the affected service on written notice, and no compensation is payable.
20.1 We may amend these Terms, the Acceptable Use Policy and the Privacy Policy at any time. The current version is always published at this address, with the last-updated date shown at the top.
20.2 Amendments take effect when published. Your continued use of the Services, or your payment of any invoice, after publication constitutes acceptance of the amended Terms. It is your responsibility to review this page from time to time.
20.3 If you do not accept an amendment, your sole remedy is to cancel the affected services under clause 11 before your next renewal.
21.1 We give notice to you by email to the address on your account, by ticket in the client area, or by publication on our website or status page. Notice is deemed given at the time of sending or publication, whether or not you read it.
21.2 You give notice to us by support ticket through the client area, or by email to support@fabonic.co.tz. Notice is deemed given when we acknowledge it. Notices sent to individual staff members, by social media, by messaging application, or by telephone are not valid notice.
22.1 Entire agreement. This agreement is the entire agreement between us and supersedes all prior discussions, proposals, quotations and representations. You confirm that you have not relied on any statement not expressly set out here.
22.2 Assignment. You may not assign, transfer or subcontract this agreement or any service without our prior written consent. We may assign, novate or subcontract freely, including on a sale or reorganisation of our business.
22.3 Severability. If any provision is found to be invalid or unenforceable it is to be read down to the minimum extent necessary to make it enforceable, or severed if it cannot be. The rest of the agreement continues in force, and the parties' intention that liability be limited to the maximum extent the law allows is to be given effect.
22.4 Waiver. No failure or delay by us in enforcing any right is a waiver of it, and no single or partial exercise prevents any further exercise.
22.5 No partnership or agency. Nothing here creates a partnership, joint venture, employment or agency relationship between us.
22.6 No third-party rights. No person other than you and us has any right to enforce any term of this agreement, save that our directors, employees and Suppliers may enforce clauses 16 and 17.
22.7 Publicity. We may identify you as a client and use your name and logo in our client lists and marketing materials unless you tell us in writing not to.
22.8 Language. These Terms are written in English. Any translation is provided for convenience only, and the English version prevails in the event of inconsistency.
22.9 Records. Our records, logs and billing system are, in the absence of manifest error, conclusive evidence of the Services supplied, the amounts due, and the actions taken under your account.
23.1 This agreement, and any dispute or claim arising out of or in connection with it or its subject matter, is governed by the laws of the United Republic of Tanzania.
23.2 The parties will first attempt in good faith to resolve any dispute by negotiation. If it is not resolved within thirty (30) days, it is to be referred to and finally resolved by the courts of the United Republic of Tanzania sitting at Dar es Salaam, to whose exclusive jurisdiction both parties submit.
23.3 Each party bears its own costs of any dispute, and claims may be brought only in an individual capacity and not as part of any class or representative proceeding.
23.4 Nothing in this clause prevents us from applying to any court for injunctive relief, or from taking steps to recover a debt.
Fabonic Ltd.
Dar es Salaam, United Republic of Tanzania
Support: support@fabonic.co.tz
Billing: billing@fabonic.co.tz
Client area: /
By using our services you confirm that you have read, understood and accepted these Terms of Service in full.
