mustAD Digital Terms and Conditions

Mustad Digital – Terms of Service

Welcome to Mustad Digital. These Terms of Service (the “Terms”) constitute a legally binding agreement between Mustad Digital (hereinafter “Company,” “we,” “us,” or “our”) and you, the user (hereinafter “Customer,” “you,” or “your”), governing your use of our services, including but not limited to web hosting, domain registration, website maintenance, graphic design, and any other billable services (collectively, the “Services”).

By purchasing, accessing, or using any of our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.

Part I: General Provisions

The following provisions apply to all Services provided by Mustad Digital.

1. Account Registration and Security

   You agree to provide accurate, current, and complete information during the registration process and to keep this information updated. You are solely responsible for maintaining the confidentiality of your account credentials, including your username and password, and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security.

2. Acceptable Use Policy

   You shall not use our Services for any unlawful or prohibited purpose. Prohibited activities include, but are not limited to:

   • Spamming, distributing malware, or engaging in any form of cyber attack.

   • Copyright or trademark infringement.

   • Hosting or transmitting content that is obscene, defamatory, or harmful.

   • Engaging in any activity that could damage or disrupt our Services or network infrastructure.

     We reserve the right to suspend or terminate any account that violates this policy without a refund.

3. Billing and Payment

   All fees for Services must be paid in advance unless otherwise specified in a separate agreement. Unless expressly stated otherwise, all payments are non-refundable. Failure to remit timely payment may result in the suspension or termination of your Services.

4. Intellectual Property Rights

   You acknowledge that all original content, software, and intellectual property developed by Mustad Digital in the course of providing the Services remains our exclusive property until full payment for the Service is received. Upon full payment, you will be granted the appropriate rights to the final deliverables as outlined in the service-specific sections below. We reserve the right to use any work created for you for our portfolio and marketing materials.

5. Limitation of Liability

   In no event shall Mustad Digital, its directors, employees, or affiliates, be liable for any direct, indirect, incidental, special, or consequential damages, including but not limited to loss of data, loss of profits, or business interruption, arising from or in connection with the use or inability to use the Services. Our total liability to you for any claim arising out of or relating to these Terms or the Services shall not exceed the total amount paid by you for the affected Service during the three (3) months preceding the event giving rise to the claim.

6. Termination

   You may terminate your Services at any time by following our cancellation procedure. We may suspend or terminate your Services at our sole discretion for reasons including, but not limited to, non-payment, violation of these Terms, or misuse of the Services.

7. Governing Law

   These Terms shall be governed by and construed in accordance with the laws of Uganda. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Uganda.

Part II: Service-Specific Terms

The following provisions apply specifically to the designated Services. In the event of a conflict between Part I and Part II, the service-specific terms shall take precedence.

1. Web Hosting & Domain Registration Services
   • Services are provided on an "as-is" and "as-available" basis. We reserve the right to modify, suspend, or discontinue any portion of these Services at any time without prior notice.
   • Data and Backups: You are solely responsible for creating and maintaining backups of your website data and content. While we may provide backup tools or services as a convenience, we do not guarantee the integrity or recovery of any data.
   • Service Availability: We strive for high service uptime but do not guarantee uninterrupted or error-free service. Service may be unavailable due to scheduled maintenance, which will be communicated in advance when feasible.
   • Domain Registrations: Domain registrations are subject to availability and the policies of the relevant third-party registry. You are responsible for the timely renewal of your domain registrations. We are not liable for any loss of a domain name due to your failure to renew it.
2. Website Maintenance Retainer Services
   • Scope of Work: The specific tasks and hours included in your retainer are detailed in a separate agreement or work order. Services outside of the agreed-upon scope will be billed separately at our standard hourly rates.
   • Client Responsibilities: You agree to provide us with timely access to your website, hosting accounts, and any other necessary credentials required to perform the maintenance services.
   • Hours and Rollover: Any unused hours or services from a given billing period will not roll over to the next period unless expressly stated in your specific retainer agreement.
3. Graphic Design & Other Project-Based Services
   • Project Scope and Revisions: The project scope and the number of included revisions are defined in a separate project proposal or agreement. Any additional revisions or work outside the agreed-upon scope will be billed separately.
   • Client Content: You are responsible for providing all necessary content (e.g., text, images, and logos) and represent that you have the legal right to use all such content. You agree to indemnify and hold us harmless from any claims arising from the content you provide.
   • File Delivery: Upon full payment, final files will be delivered in the formats specified in the project proposal. Source files may be subject to an additional fee.
   • Ownership: Upon full and final payment, ownership of the completed graphic design work will transfer to you, with the exception of any third-party intellectual property or licensed fonts used in the project.

Mustad Digital reserves the right to modify these Terms at any time. Your continued use of the Services constitutes your acceptance of any changes.