Terms of Use

Please read these Terms carefully. By using FreeWebsite or signing up for an account, you’re agreeing to these Terms. FreeWebsite is a web builder provided by Peak and Dale Solutions Ltd and available through www.freewebsite.co.ke that allows you to build and deploy your own website quickly.

These Terms of Use define the terms and conditions under which you’re allowed to use FreeWebsite, and how we’ll treat your account while you’re a client. If you sign up for FreeWebsite on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.

1.     Term

The Term begins when you sign up for FreeWebsite and runs for a year. It is renewable every year.

2.     Charges and Add-Ons

FreeWebsite is offered free of cost after one purchases bundled domain and hosting services at a cost of KES  10,000 (inclusive of VAT). Any additional features or add-ons will be billed at an additional amount. This includes any domain extensions that are not offered as part of the service. FreeWebsite is renewable annually.

For clients who would like us to create their site on their behalf, we charge a one-time set up fee of KES 5,000 for a maximum of 4 pages. Any additional page will be billed at KES 1,000 per page. To ensure quality and refrain from abuse, one page cannot have more than 15 items, products or images. Every page must hold content specific to the title of the page for example a services page cannot hold information about the organisation, vision or other such like information. This will be considered as separate pages and will be billed separately.

3.     Closing Your Account

You may terminate this Agreement at any time and for any reason by simply opting not to renew once the annual term expires.

If you wish to move your domain or hosting account to a different registrar, then you void the use of FreeWebsite.

4.     Account and Password

You’re responsible for keeping your account name and password confidential. You’re also responsible for any account that you have access to, whether or not you authorized its use. You’ll immediately notify us of any unauthorized use of your accounts. We’re not responsible for any losses due to stolen or hacked passwords. For security reasons, we may not store passwords, we may only reset your password.

5.    Storage space and bandwidth

You will be provided with unlimited hosting and bandwidth, meaning that you will never run out of disk space or bandwidth. You are only required to use this space and bandwidth in the normal operation of a personal or small business website.

6.   Usage Policy

  • Unacceptable material on our servers include but is not limited to proxy scripts, gambling sites, fraudulent sites, gaming sites, bots, IRC scripts or servers, IP scanners, bit torrent applications, file sharing, web spiders etc or run software that interfaces with the same.
  • Pornography is completely prohibited.
  • Use of the Services to infringe upon another party’s intellectual property rights is prohibited.
  • You may not use your account as a backup or storage device (whether media, emails, electronic files or other data) with the exception of one cPanel backup of your account.
  • You may not use twenty-five percent (25%) or more of our system resources for longer than ninety (90) seconds at a time. Activities that could cause this excessive use, include but are not limited to: CGI scripts, FTP, PHP, HTTP, etc.
  • Sending of unsolicited email, bulk email or spam is completely prohibited.

Any material that, in our judgment, is obscene, threatening, illegal, or violates our Terms of Service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

7.     Search Engines

We do not guarantee any specific position in search engine results for your website.

8.     Billing

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 FreeWebsite in advance of the time period. Late payment may result in the suspension or termination of your account. In the event that your payment is received late and your domain name is not renewed the domain name may go into redemption. You will be required to pay upto $300 to recover the domain name. If you do not renew your domain name during the Renewal Grace Period or the redemption period your domain name will be made available to other parties for purchase.

9.     Backups

You are responsible for maintaining your own backups with respect to your website and we will not be liable for restoring any client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. As a courtesy, we provide a weekly complimentary backup for all customers.

10.    Project delays & Client Liability

In cases where we are doing the design, we estimate that the project will be ready 48 hours after all the material is received. However this may vary and any time frames or estimates that we give are contingent upon your full co-operation and complete and final content. During development, there is a certain amount of feedback required in order to progress to subsequent phases. It is required that a single point of contact be appointed from your side and be made available regularly in order to expedite the feedback process. We shall not be held liable for delays in setting up your FreeWebsite if you have not provided the necessary content required.

11.     E-commerce

You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify Peak and Dale and its subcontractors from any claim, penalty, tax, tariff loss or damage arising from your or your clients’ use of Internet electronic commerce.

12.   Non-Disclosure

We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.

13.  Limitation of Liability

FreeWebsite is provided “as is” without warranty of any kind, either expressed or implied, including but not limited to the implied warranties of merchantability and fitness for a particular purpose. The entire risk as to the quality and performance of the software is with you. To the maximum extent permitted by law, you assume full responsibility for any loss that results from your use of the Website and the Services.

14.  Governing Law

The agreement constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of Kenya.