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Legal Documents

Legal Documents

Stay informed and compliant with our comprehensive collection of company legal agreements and policies. Access essential documents easily, ensuring transparency and clarity in every aspect of our services. Your trust and satisfaction are our top priorities.

Agreements

  1. OVERVIEW

This Universal Terms of Service Agreement (this agreement) is entered into by and between Infinity Computers and Communications Company Limited (hereafter referred to as Infinity Computers, or simply as i3C), a firm incorporated in Uganda under the laws of Uganda and you, and is effective as of the date of your use of this website (site), or on the date of your electronic acceptance of this agreement.

This agreement sets forth the general terms and conditions of your use of the site and the products and services purchased or accessed through this site (individually and collectively, the services).

Other services agreements and policies apply to other services, and these are in addition to (not in lieu of) this agreement.

Whether you are simply browsing or using this site or purchase services, your use of this site and your electronic acceptance of this agreement signifies that you have read, understood, acknowledged and agreed to be bound by this agreement along with the applicable policies and the individual product agreements some of which are stated here and incorporated herein by reference below:

  • Hosting agreement
  • Domain Name Transfer agreement
  • Privacy policy
  • Refund policy

In the event of a conflict between the provisions of a services agreement and the provisions of this agreement, the provisions of the applicable services agreement shall prevail.

The terms we, us or our shall refer to Infinity Computers.

The terms you, your, user, partner, client or customer shall refer to any individual or entity who accepts this agreement, has access to your account or uses the services.

Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

  1. MODIFICATION OF AGREEMENT, SITE OR SERVICES

Infinity Computers may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this site.

Your use of this site or the services after such changes or modifications have been made shall constitute your acceptance of this agreement as last revised.

If you do not agree to be bound by this agreement as last revised, do not use (or continue to use) this site or the services.

In addition, Infinity Computers may occasionally notify you of changes or modifications to this agreement by email, or as published on our site.

It is therefore very important that you keep your account with us updated at all times.

Infinity Computers   assumes no liability or responsibility for your failure to read notices on our website, or your failure to receive an email notification if such failure results from an inaccurate email address.

In addition, Infinity Computers may terminate your use of services for any violation or breach of any of the terms of this agreement by you.

INFINITY COMPUTERS   RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

  1. ELIGIBILITY

This site and the services are available only to individuals or entities who can form legally binding contracts under the applicable laws of Uganda.

By using this site or the services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, or (iii) are not a person barred from purchasing or receiving the Services found under the laws of Uganda or other applicable jurisdiction.

If you are entering into this agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this agreement, in which case the terms you, your, user, client, partner or customer shall refer to such corporate entity.

If, after your electronic acceptance of this agreement, Infinity Computers   finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this agreement, including, but not limited to, the payment obligations.

Infinity Computers   shall not be liable for any loss or damage resulting from its reliance on any instruction, notice, document or communication reasonably believed by it to be genuine and originating from an authorized representative of your corporate entity.

If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Infinity Computers reserves the right (but undertakes no duty) to require additional authentication from you.

You further agree to be bound by the terms of this agreement for transactions entered into by you, anyone acting as your agent or anyone who uses your account or the services, whether or not authorized by you.

  1. YOUR ACCOUNT

In order to access some of the features of this site or use some of the services, you will have to create an account.

You represent and warrant to Infinity Computers that all information you submit when you create your account is accurate, current and complete, and that you will keep your account information accurate, current and complete.

If Infinity Computers has reason to believe that your account information is untrue, inaccurate, out-of-date or incomplete, Infinity Computers reserves the right, in its sole and absolute discretion, to suspend or terminate your account.

You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number or login, password, payment modes as permitted, and all private information such as personal identification number (PIN).

For security purposes, Infinity Computers recommends that you change your password or pin at least once every six (6) months for each account.

You must notify Infinity Computers immediately of any breach of security or unauthorized use of your account.

Infinity Computers will not be liable for any loss you incur due to any unauthorized use of your Account.

You, however, may be liable for any loss Infinity Computers or others incur caused by your account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad.  Be made aware that visiting this site and any other of our sites from a country other than the country in which you are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.

By visiting this site and communicating electronically with us, you consent to such transfers.

  1. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis.

You acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

You acknowledge and agree that we have no control over the availability of this site or the service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

From time to time, Infinity Computers may offer new services (limited preview services or new features to existing services) in a pre-release version.

New services, new features to existing services or limited preview services shall be known, individually and collectively, as “beta services”.

If you elect to use any beta services, then your use of the beta services is subject to the following terms and conditions:

  • You acknowledge and agree that the beta services are pre-release versions and may not work properly;
  • You acknowledge and agree that your use of the beta services may expose you to unusual risks of operational failures;
  • The beta services are provided as-is so we do not recommend using them in production or mission critical environments;
  • Infinity Computers reserves the right to modify, change, or discontinue any aspect of the beta services at any time;
  • Commercially released versions of the beta services may change substantially, and programs that use or run with the beta services may not work with the commercially released versions or subsequent releases;
  • Infinity Computers may limit availability of customer service support time dedicated to support of the beta services;
  • You acknowledge and agree to provide prompt feedback regarding your experience with the beta services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral.

Any intellectual property inherent in your feedback or arising from your use of the beta services shall be owned exclusively by Infinity Computers;

  • You acknowledge and agree that all information regarding your use of the beta services, including your experience with and opinions regarding the beta services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Infinity Computers;
  • The beta services are provided “as is”, “as available”, and “with all faults”.

To the fullest extent permitted by law, INFINITY COMPUTERS disclaims any and all warranties, statutory, express or implied, with respect to the beta services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

You acknowledge and agree that you have the necessary rights and permissions to share all information necessary to provide the Services with INFINITY COMPUTERS.

You acknowledge and agree that the services may be provided by independent contractors or third party service providers.

All paid services are non-refundable.

  1. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this site and the services, including any content you submit, will comply with this Agreement, any applicable services agreement or policy that may apply to your services and all applicable local, national and international laws, rules and regulations.
  2. You will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about another user or any other person or entity without their express prior written consent.
  • You will not use this site or the services in a manner (as determined by Infinity Computers in its sole and absolute discretion) that:
    • o Is illegal, or promotes or encourages illegal activity;
    • o Promotes, encourages or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material;
    • o Promotes, encourages or engages in terrorism, violence against people, animals, or property;
    • o Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • o Promotes or facilitates prostitution and/or sex trafficking;
    • o Infringes on the intellectual property rights of another user or any other person or entity;
    • o Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • o Interferes with the operation of this site or the services found at this site;
    • o Contains or installs any viruses, worms, bugs, trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • o Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Infinity Computers or Infinity Computer’s Services.
    • o You will not perform any false, abusive or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  1. You will not copy or distribute in any medium any part of this site or the services, except where expressly authorized by Infinity Computers.
  2. You will not modify or alter any part of this site or the services found at this site or any of its related technologies.
  3. You will not access Infinity Computers Content (as defined below) or user content through any technology or means other than through this Site itself, or as Infinity Computers may designate.
  • You agree to back-up all of your user content so that you can access and use it when needed.

Infinity Computers does not warrant that it backs-up any account or user content, and you agree to accept as a risk the loss of any and all of your user content.

  • You will not re-sell or provide the services for a commercial purpose, including any of Infinity Computer’s related technologies without our express prior written consent.
  1. You will not circumvent, disable or otherwise interfere with the security-related features of this site or the services found at this Site (including without limitation those features that prevent or restrict use or copying of any Infinity Computers Content or user content) or enforce limitations on the use of this Site or the Services found at this Site, the Infinity Computers Content or the user content therein.
  2. You agree to provide government-issued National Identification Card and/or government-issued business identification as required for verification of identity when requested.
  3. You are aware that Infinity Computers may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Infinity Computers asks you on any particular call for consent to record such call.

You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Infinity Computers is a party.

Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Infinity Computers that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Infinity Computers.

  • Without limiting any of the rights set forth elsewhere in this Agreement, Infinity Computers expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any user whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Infinity Computers policy, or who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Infinity Computers in its sole and absolute discretion).
  • If your purchase or account activity shows signs of fraud, abuse or suspicious activity, Infinity Computers may cancel any service associated with your name, email address or account and close any associated Infinity Computers accounts.

If Infinity Computers, in its sole discretion, determines that any conducted activity is fraudulent, Infinity Computers reserves the right to take any necessary legal action and you may be liable for monetary losses to Infinity Computers including litigation costs and damages.

To contest cancellation of Services or freezing or closure of an account, please contact Infinity Computers support.

  1. USER CONTENT

Some of the features of this site or the services, including those services that are hosted with Infinity Computers, may allow users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice via forum posts, content submitted in connection with a contest, product reviews or recommendations, or photos to be incorporated into a social media event or activity (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”). All content submitted through your Account is considered User Content. By posting or publishing User Content to this Site or to or via the Services, you represent and warrant to Infinity Computers that (i) you have all necessary rights to distribute User Content via this Site or via the Services, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) the User Content does not violate the rights of any third party. You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

User Submissions. You acknowledge and agree that your User Submissions are entirely voluntary, do not establish a confidential relationship or obligate Infinity Computers to treat your User Submissions as confidential or secret, that Infinity Computers has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions, and that Infinity Computers may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Infinity Computers shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

User Content Other Than User Submissions. By posting or publishing User Content to this Site or through the Services, you authorize Infinity Computers to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement. You hereby grant Infinity Computers a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site, the Services and Infinity Computers’ (and Infinity Computers’ affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Infinity Computers may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Infinity Computers shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Infinity Computers’ (or Infinity Computers’ affiliates’) business(es). If you have a website or other content hosted by Infinity Computers, you shall retain all of your ownership or licensed rights in User Content.

  1. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

  1. PRODUCT CREDITS

In the event you are provided with a product credit (“Credit”), whether for redemption of the purchase of a specific product or for free with the purchase of another product (“Purchased Product”), you acknowledge and agree that such Credit is only valid for one (1) year and is only available with a valid purchase and may be terminated in the event the product purchased is deleted, cancelled, transferred or not renewed. The Credit will expire one (1) year from date of purchase of the Purchased Product if the Credit has not been redeemed. In the event that the Credit is redeemed, after the initial subscription period, the product will automatically renew at the then-current renewal price until cancelled. If you wish to cancel the automatic renewal of the product, you may do so by visiting your Account or by contacting customer service. In the event your Purchased Product includes a free domain name, if you cancel the Purchased Product, the list price for the domain name will be deducted from the refund amount. The list price is the price of the domain name listed on Infinity Computers’ website and is not subject to any promotion, discount, or other reduction in price. For Credits issued for free with another Purchased Product, you acknowledge and agree that we may swap your Credit for a similar product, in our sole discretion.

  1. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Infinity Computers generally does not pre-screen User Content (whether posted to a website hosted by Infinity Computers or posted to this Site). However, Infinity Computers reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Infinity Computers may remove any item of User Content (whether posted to a website hosted by Infinity Computers or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Infinity Computers in its sole and absolute discretion), at any time and without prior notice.

Infinity Computers may also terminate a User’s access to this site or the services found at this Site if Infinity Computers has reason to believe the User is a repeat offender.

If Infinity Computers terminates your access to this Site or the Services found at this site, Infinity Computers may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

  1. DISCONTINUED SERVICES; END OF LIFE POLICY

Infinity Computers reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Infinity Computers makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life (“EOL”). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Infinity Computers, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Infinity Computers will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Infinity Computers in its sole and absolute discretion. Infinity Computers may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Infinity Computers in its sole and absolute discretion, Infinity Computers will not be required to offer a comparable feature or functionality for the Service or a refund.

No Liability. Infinity Computers will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide or facilitate access to.

  1. BETA SERVICES

From time to time, Infinity Computers may offer new Services (limited preview services or new features to existing Services) in a pre-release version.

New services, new features to existing services or limited preview services shall be known, individually and collectively, as “beta services”. If you elect to use any beta services, then your use of the beta services is subject to the following terms and conditions:

  • You acknowledge and agree that the beta services are pre-release versions and may not work properly;
  • (ii) You acknowledge and agree that your use of the beta services may expose you to unusual risks of operational failures; (iii) The beta services are provided as-is, so we do not recommend using them in production or mission critical environments;
  • Infinity Computers reserves the right to modify, change, or discontinue any aspect of the beta services at any time; (v) Commercially released versions of the beta services may change substantially, and programs that use or run with the beta services may not work with the commercially released versions or subsequent releases;
  • (vi) Infinity Computers may limit availability of customer service support time dedicated to support of the Beta Services;
  • You acknowledge and agree to provide prompt feedback regarding your experience with the beta services in a form reasonably requested by us, including information necessary to enable us to duplicate errors or problems you experience;
  • You acknowledge and agree that Infinity Computers may track your browsing behavior, links clicked, items purchased, your device type, and to collect various data, including analytics, about how you use and interact with our beta services;
  • You acknowledge and agree that all information regarding your use of the beta services, including your experience with and opinions regarding the beta services, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to Infinity Computers;
  • The beta services are provided “as is”, “as available”, and “with all faults”.

You acknowledge and agree that we may use your feedback for any purpose, including product development purposes. At our request you will provide us with comments that we may use publicly for press materials and marketing collateral.

Any intellectual property inherent in your feedback or arising from your use of the beta services shall be owned exclusively by Infinity Computers.

To the fullest extent permitted by law, Infinity Computers disclaims any and all warranties, statutory, express or implied, with respect to the beta services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

  1. FEES AND PAYMENTS

 (A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

Payment Due at Time of Order; Non-Refundable. You agree to pay all amounts due for Services at the time you order them. All amounts are non-refundable unless otherwise noted in the Refund Policy.

Price Changes. Infinity Computers reserves the right to change its prices and fees at any time, and such changes shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Payment Types. Except as prohibited in any product-specific agreement, you may pay for Services by using any of the following “Payment Methods”: (i) valid credit card, (ii) “Mobile Money Services” (defined below); (iii) electronic payment from your personal or business checking account, as appropriate (and as defined below); (iv) PayPal, (v) International Payment Option (as defined below), each a “Payment Method”. The “Express Checkout” feature automatically places an order for the applicable Service and charges the default Express Checkout Payment Method for your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active Services in your Account.

Monthly Billing Date. If you are being billed on a monthly basis, your monthly billing date will be based on the date of the month you purchased the Services, unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month.

In addition, INFINITY COMPUTERS may participate in “recurring billing programs” or “account updater services” supported by your credit card provider (and ultimately dependent on your bank’s participation).  If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing Payment Method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.  In accordance with recurring billing program requirements, in the event that we are notified of an update to your credit card number and/or expiration date, INFINITY COMPUTERS will automatically update your payment profile on your behalf. INFINITY COMPUTERS makes no guarantees that we will request or receive updated credit card information. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring your associated Payment Method(s) are current and valid.  Further, you acknowledge and agree that your failure to do so, may result in the interruption or loss of Services, and INFINITY COMPUTERS shall not be liable to you or any third party regarding the same.

If for any reason INFINITY COMPUTERS is unable to charge your Payment Method for the full amount owed for the Services provided, or if INFINITY COMPUTERS receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that INFINITY COMPUTERS may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf.  INFINITY COMPUTERS also reserves the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks INFINITY COMPUTERS may perform outside the normal scope of its Services, (ii) additional time and/or costs INFINITY COMPUTERS may incur in providing its Services, and/or (iii) your noncompliance with this Agreement (as determined by INFINITY COMPUTERS in its sole and absolute discretion).  Typical administrative or processing fee scenarios include, but are not limited to (i) customer service issues that require additional personal time or attention; (ii) UDRP actions(s) in connection with your domain name(s) and/or disputes that require accounting or legal services, whether performed by INFINITY COMPUTERS staff or by outside firms retained by INFINITY COMPUTERS; (iii) recouping any and all costs and fees, including the cost of Services, incurred by INFINITY COMPUTERS as the results of chargebacks or other payment disputes brought by you, your bank or Payment Method processor. These administrative fees or processing fees will be billed to the Payment Method you have on file with INFINITY COMPUTERS.

INFINITY COMPUTERS may offer product-level pricing in various currencies; however, transaction processing is supported only in U.S. dollars and a select number of the currency options displayed on this Site (“Supported Currency” or “Supported Currencies”). If the currency selected is a Supported Currency, then the transaction will be processed in the Supported Currency and the pricing displayed during the checkout process will be the actual amount processed and submitted to your bank for payment.

If the currency selected is not a Supported Currency, then the transaction will be processed in U.S. dollars and the pricing displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the transaction is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.  In addition, due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and INFINITY COMPUTERS makes no representations or warranties that (a) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of a Supported Currency) or (b) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of a non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, regardless of the selected currency, you acknowledge and agree that you may be charged Value Added Tax (“VAT“), or other localized fees and/or taxes, based on your bank and/or the country indicated in your billing address section.

 (B) REFUND POLICY

Products and Services available for refunds are described under our Refund Policy.

 (C) PAY BY CHECK (ELECTRONIC PAYMENT)

By using Infinity Computers’ pay by check option (“Pay By Check”), you can purchase Infinity Computers Services using an electronic payment (from your personal or business checking account (“Checking Account”), as appropriate). In connection, you agree to allow a third-party check services provider, Certegy Check Services, Inc., (“Check Services Provider”) to debit the full amount of your purchase from your Checking Account, which is non-refundable. Check Services Provider will create an electronic funds transfer (“EFT”) or bank draft, which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and payment must be in U.S. Dollars.

It is your responsibility to keep your Checking Account current and funded. You agree that (i) Check Services Provider or Infinity Computers reserve the right to decline a transaction for any reason (including, but not limited to, payments that fail to go through as a result of your Checking Account no longer existing or not holding available/sufficient funds) and (ii) in such event, neither Check Services Provider nor Infinity Computers shall be liable to you or any third party regarding the same. If for any reason Check Services Provider is unable to withdraw the full amount owed for the Services provided, you agree that Check Services Provider and Infinity Computers may pursue all available lawful remedies in order to obtain payment (plus any applicable fees). Infinity Computers is not responsible for the actions of Check Services Provider. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees permitted by law of Uganda. These fees may be debited from your Checking Account using an EFT or bank draft.

Infinity Computers and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., may provide you with notices, including by email, regular mail, SMS, MMS, text message, postings on the services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate these terms of service by accessing the services in an unauthorized manner. Your agreement to these terms of service constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the services in an authorized manner. Failure to receive such notices for any reason shall not excuse any payment or other obligation to Infinity Computers and Check Services Provider. You further expressly authorize Infinity Computers and its service providers, including but not limited to Check Services Provider and Complete Payment Recovery Services, Inc., and their affiliates to contact you, via auto-dialer, pre-recorded messages, or any other method, on any of your mobile phone numbers or emails. You further acknowledge that email addresses you provide are not shared, accessed by others and are not employer-related email addresses.

(D) INTERNATIONAL PAYMENT OPTIONS

Infinity Computers offers a variety of alternative international payment options through a variety of International Payment Providers (“IPP”). In the event you select an IPP, you represent that you have already agreed to any and all of the IPP’s applicable customer service agreements in advance of completing your transaction at Infinity Computers. You also agree to allow the IPP to debit the full amount of your purchase from the selected account or payment method, collectively “Funding Sources”. In addition, you agree to allow the selected IPP to debit, if applicable, an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with the IPP (collectively, the “IPP Fees”), from your Funding Sources. You understand and agree that IPP Fees are subject to change at any time by the IPP without notice to you by Infinity Computers.

It is your responsibility to keep your Funding Sources current and funded. You agree that (i) the IPP or Infinity Computers reserve the right to decline a transaction for any reason and (ii) neither the IPP nor Infinity Computers shall be liable to you or any third party regarding the same. You acknowledge that Infinity Computers will not attempt to fulfill the Services purchased by you until Infinity Computers receives confirmation of payment from the IPP through its associated payment processor. You acknowledge there may be a gap of several hours or days between the time you place an order and the time the IPP confirms payment through its associated payment processor. If Infinity Computers does not receive confirmation of payment from the IPP through its associated payment processor within thirty (30) days from when the order is placed, your order may be cancelled, at which time you will need to commence the purchase process again. In the event that you would like to cancel payment for a pending transaction, you may cancel the order through your Infinity Computers account. Payments received on previously cancelled orders will be automatically refunded to the original Payment Method when possible.

If, at the time Infinity Computers receives confirmation of payment from the IPP (through its associated payment processor), either (i) the Services (including domain names) are no longer available for purchase; or (ii) a pending order has been cancelled in our systems; or (iii) the confirmation of payment does not match the dollar amount of the pending order, and as a result your purchase is either over-funded or under-funded, Infinity Computers may automatically issue a partial refund (in the case of over-funding) or a full refund (in the case of under-funding) to your Funding Source. If the IPP (or its associated payment processor) imposes refund limitations of any kind, Infinity Computers reserves the right to issue refunds to an in-store credit balance or as a bank transfer, when the payment processor cannot refund back to the Payment Method. If you receive a full refund, you will need to begin the purchase process again. You agree that the IPP reserves the right not to refund IPP Fees associated with a refunded transaction. Accordingly, any refunds issued by Infinity Computers will be net of the IPP Fees unless otherwise specified.

 (E) EXPIRED DOMAIN NAME PURCHASES

For expired domain names purchased through your account, you agree that you are responsible for payment within forty-eight (48) hours of auction close for the successful bid amount plus the one (1) year renewal or transfer fee (from the end of the domain name’s previous registration period), plus ICANN fee, if applicable, or any valid payment method associated with the account, will be charged on the third day following the auction close. If we are unable to collect payment, you may lose the rights to purchase the domain name.

  1. ADDITIONAL RESERVATION OF RIGHTS

Infinity Computers expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Infinity Computers in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Infinity Computers in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Infinity Computers, its officers, directors, employees and agents, as well as Infinity Computers’ affiliates, including, but not limited to, instances where you have sued or threatened to sue Infinity Computers, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Infinity Computers’ business, operations, reputation or shareholders.

Infinity Computers expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

Infinity Computers expressly reserves the right to terminate, without notice to you, any and all Services where, in Infinity Computers’ sole discretion, you are harassing or threatening Infinity Computers and/or any of Infinity Computers’ employees.

Infinity Computers Content. Except for user content, the content on this site and the services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (Infinity Computers content), are owned by or licensed to Infinity Computers in perpetuity, and are subject to copyright, trademark, and/or patent protection in the Republic of Uganda and other foreign countries, and other intellectual property rights under Ugandan and other foreign laws.

Infinity Computers Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Infinity Computers.

No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this agreement.

Infinity Computers reserves all rights not expressly granted in and to the Infinity computers content, this site and the services, and this agreement do not transfer ownership of any of these rights.

  1. NO SPAM; LIQUIDATED DAMAGES

No Spam. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse.

Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.

We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

  1. Email Messages
  2. Newsgroup postings
  3. Windows system messages
  4. Pop-up messages (aka “adware” or “spyware” messages)
  5. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
  6. Online chat room advertisements
  7. Guestbook or website forum postings
  8. Facsimile Solicitations
  9. Text/SMS Messages

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy.

Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have “opted-in” to receive messages. They must include a legitimate return address and reply-to address, the sender’s physical address, and an opt-out method in the footer of the email or fax.

Upon request by us, conclusive proof of opt-in may be required for an email address or fax number.

If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated.

We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email.

Liquidated Damages. You agree that we may immediately terminate any Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email.

In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

  1. TRADEMARK AND/OR COPYRIGHT CLAIMS

Infinity Computers supports the protection of intellectual property. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Infinity Computers’ trademark and/or copyright infringement policy as referenced here.

  1. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Infinity Computers. Infinity Computers assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Infinity Computers does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Infinity Computers from any and all liability arising from your use of any third-party website. Accordingly, Infinity Computers encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

  1. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Infinity Computers and its officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Infinity Computers directly or indirectly arising from (i) your use of and access to this site or the services found at this Site; (ii) your violation of any provision of this agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.

The indemnification obligations under this section shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.

  1. COMPLIANCE WITH LOCAL LAWS

Infinity Computers makes no representation or warranty that the content available on this site or the services found at this site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.

Users who choose to access this site or the services found at this site are responsible for compliance with all local laws, rules and regulations.

  1. DISPUTES, BINDING INDIVIDUAL ARBITRATION AND WAIVER OF CLASS ACTIONS AND CLASS ARBITRATIONS

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.

Disputes. The terms of this Section shall apply to all disputes between you and Infinity Computers, except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above.

For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Infinity Computers arising under or relating to any Infinity Computers Services or Products, Infinity Computers’ websites, these Terms, or any other transaction involving you and Infinity Computers, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law.

 

YOU AND Infinity Computers AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Infinity Computers FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION.

Moreover, notwithstanding anything else in these terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.

  1. UNCLAIMED PROPERTY; DORMANCY CHARGES

Please be advised that if a customer has an outstanding account balance (a credit positive balance) for three (3) years or more for any reason, and (i) Infinity Computers is unable to issue payment to such customer or (ii) Infinity Computers issued payment to such customer in the form of a paper check, but the check was never cashed, then Infinity Computers shall turn over such account balance to authorities in Uganda in accordance with Ugandan law. You acknowledge and agree that in either case (i) or (ii) above, Infinity Computers may withhold a dormancy charge in an amount equal to the lesser of $25.00 or the total outstanding account balance associated with such customer.

  1. SUCCESSORS AND ASSIGNS

This agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

  1. NO THIRD-PARTY BENEFICIARIES

Nothing in this agreement shall be deemed to confer any third-party rights or benefits.

  1. UGANDA EXPORT LAWS

This site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the Laws of Uganda, and other Uganda authorities (collectively, “Uganda Export Laws”).

Users shall not use the services found at this site to collect, store or transmit any technical information or data that is controlled under Uganda Export Laws.

Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any Uganda. Export Laws.

None of the services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which Uganda has embargoed; or any other denied parties lists under Uganda Export Laws.

By using this site and the services found at this site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all Uganda Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).

If you access this site or the services found at this site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with Uganda. Export Laws.

If such laws conflict with Uganda Export Laws, you shall not access this site or the services found at this site. The obligations under this section shall survive any termination or expiration of this agreement or your use of this site or the services found at this Site.

  1. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

Each covenant and agreement in this agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

  1. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Infinity Computers and Communication Company Limited (i3C)

Plot 6B Windsor Loop, Kitante – Kampala

P.O Box 12510 – Kampala, Uganda

E-mail: info@i3c.co.ug

Revised: 23/08/2021

PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. OVERVIEW

This Domain Name Transfer Agreement (this “Agreement”) is entered into by and between Infinity Computers and Communications Company (Infinity Computers) on behalf of the .UG Registry, or in the event of other domain category on behalf of the registry entity, and you, and is made effective as of the date of electronic acceptance.

This Agreement sets forth the terms and conditions of your use of Infinity Computers’ Domain Name Transfer services (the “Services”) to transfer a registered domain name from another domain name registrar to Infinity Computers as the domain name registrar, or between registrars on the .UG registry.

Your electronic acceptance of this Agreement signifies that you have read, understood, acknowledge and agree to be bound by this Agreement, along with Infinity Computers’ General Terms of Service Agreement, Domain Name Registration Agreement, and Uniform Domain Name Dispute Resolution Policy, which are incorporated herein by reference.

The terms “we”, “us” or “our” shall refer to Infinity Computers or the .UG Registry.

The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement.

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Infinity Computers, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to the Infinity Computers website (this “Site”).

You acknowledge and agree that (i) Infinity Computers may notify you of such changes or modifications by posting them to this Site and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made (as indicated by the “Last Revised” date at the top of this page) shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site.

In addition, Infinity Computers may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your account (“Account”) information, including your email address, current.

Infinity Computers assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.

Infinity Computers acting on behalf of the .UG Registry is an Internet Corporation for Assigned Names and Numbers ICANN recognized registrar. You acknowledge and agree that as an ICANN-accredited registrar, Infinity Computers or the .UG Registry is bound by an agreement with ICANN.

You acknowledge and agree that Infinity Computers may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the top level domain TLD or country code top level domain ccTLD in question.

As used herein, the terms registry, Registry, registry operator or Registry Operator shall refer to the registry applicable to the TLD or ccTLD in question.

To identify the sponsoring registrar, click here.

This Agreement will be effective upon acceptance of the Registration and Transfer agreements in Step 3 of the Online Transfer Application process.

  1. TRANSFER PROCESS FOR ALL DOMAIN NAMES

2.A. Steps for Transferring Your Domain Name Registration

NOTE: Once the transfer is complete, you will be able to RENEW, MODIFY DNS, and perform other functions by logging into your Registry Account or whois.co.ug.

Send all required information to support@i3c.co.ug, i.e. contact information, nameserver information, etc. and we will process your transfer.

Update your Administrative Contact’s email address at your current registrar.

We will be contacting the Administrative Contact’s email address for transfer approval. The transfer will only be initiated upon approval from your Administrative Contact.

Once initiated, a transfer will be accepted or denied by the losing registrar within five (5) days.

2.B. Failed or Rejected Transfer Requests

Infinity Computers may elect to accept or reject your domain name transfer application for any reason at its sole discretion. Rejections may include, but are not limited to:

  • The current Registrar rejected the transfer;
  • The original registration took place less than sixty (60) days prior to the transfer request;
  • The domain name has been placed in a locked status by either the Registry or by the losing registrar;
  • The domain was transferred to Infinity Computers less than sixty (60) days prior to the transfer request;
  • The domain name expired but was not renewed;
  • The domain name expired and was renewed during the forty-five (45) day grace period and the forty-five (45) day grace period has not yet passed;
  • The Domain Name Registrant was changed less than sixty (60) days prior to the transfer request;
  • There was a Change of Account less than ten (10) days prior to the transfer request;
  • Any pending bankruptcy of the current domain name holder;
  • Any dispute over the identity of the domain name holder;
  • Any situation described in the Dispute Policy; or
  • Transfer orders over thirty (30) days old.

2.C. Terms for Transferring Domain Names

Upon successful transfer, you shall remain the registrant of the domain name and Infinity Computers’ sponsoring registrar shall become the registrar of record. Your registration will be automatically extended by one (1) year when available by the domain name registry (please see the product disclaimers located on this Site for any applicable exceptions). Domain name registration transfers may only be initiated once acceptance of this Agreement is recorded, payment is made and the Administrative contact has responded positively to our email message asking for Permission to Transfer.

The email message asking for Permission to Transfer will be sent to the Domain Name(s) Administrative Contact as identified in the previous Registrar’s WHO-IS database. You agree to retain a copy for your own records of the receipt for purchase of your domain name. The Administrative Contact will be acting on behalf of the Registrant and has legal authority to initiate this transfer request. You are responsible for updating the Administrative Contact’s email as identified in the previous Registrar’s WHO-IS database.

2.D. Transfers of Recently Renewed Domain Names

You understand that if you are transferring a domain name that has been recently renewed, there is the potential the renewal year will be lost. The renewal year will be lost if: (i) the domain name was renewed during the forty-five (45) day grace period after the expiration date had passed; and (ii) forty-five (45) days have not yet passed since that expiration date. You understand and agree that Infinity Computers is not responsible for this lost year and that Infinity Computers will not credit that year to your domain. You will need to review the registration agreement you have with your previous registrar to determine if you are due a refund or credit for the lost year. Please contact your previous registrar if you have any questions about the lost year. You understand and agree that Infinity Computers will not intervene in the recovery of any such lost registration years that occur during the transfer of your domain name.

2.E. Data for Domain Transfer

You understand this is a request for a domain name transfer of registrars. By acceptance of this Agreement, you are requesting the domain name registration be transferred from the current registrar to Infinity Computers.

As the current authorized Registrant of the domain name(s), you agree to authorize this transfer by notifying your Administrative contact of his/her responsibilities with respect to this transfer. You acknowledge that you and Infinity Computers have entered into a Domain Name Registration Agreement.

You have read, understood, and agree to be legally bound by the agreements that govern all domain names registered through Infinity Computers as found on the legal agreements page, including the Domain Name Registration Agreement; the ICANN Rules for Uniform Domain Name Dispute Resolution Policy; this Agreement; any Infinity Computers policies and procedures that are or may be published from time to time by Infinity Computers, ICANN, and/or the Registry Administrator chosen by ICANN.

 

  1. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein.

Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

  1. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement. In the event there is a conflict between the provisions of this Agreement and the provisions of the Universal Terms of Service Agreement, the provisions of this Agreement shall control.

 

Revised: 23rd/August/2021

  1. Description of Service.

Infinity Computers may make available for purchase, from time to time, a variety of eCommerce packages or solutions, stand-alone eCommerce services, optional add-on eCommerce services and ecommerce software, as published on Infinity Computers website (https://sitebuilder.ug/). The eCommerce Services include, but are not limited to;

  • Shopping cart functionality
  • eCommerce templates
  • Storefront or ecommerce website design
  • Support and hosting
  • Order and payment processing
  • Inventory and product tracking and management
  • Website analytical tools.

Infinity Computers reserves the right to amend its eCommerce Services offerings and to add, delete, suspend or modify the terms and conditions of the eCommerce Services, at any time and from time to time, and to determine whether and when any such changes apply to both existing and future customers.

  1. Software License and Proprietary Rights.

During the term of this Agreement, Customer will have a limited, revocable, non-transferable and non-exclusive license for Customer to use the eCommerce Services, including but not limited to any software, and related documentation solely for Customer to provide business related services over the internet that are consistent with the terms and conditions of this Agreement as well as any applicable government or international law. Customer agrees that Customer and its agents will not:

(i) sell, lease, transfer, license or sublicense the eCommerce Services;

(ii) modify, change, alter, translate, create derivative works from, reverse engineer, disassemble or decompile the eCommerce Services in any way for any reason;

(iii) provide, disclose, divulge or make available to, or permit use of the eCommerce Services by any third party;

(iv) copy or reproduce all or any part of the eCommerce Services (except as expressly provided for herein);

(v) interfere, or attempt to interfere, with the eCommerce Services in any way;

(vi) engage in spamming, mail bombing, spoofing or any other fraudulent, illegal or unauthorized use of the eCommerce Services;

(vii) knowingly introduce into or transmit through the eCommerce Services or any other services any virus, worm, trap door, back door, timer, clock, counter or other limiting routine, instruction or design;

(viii) remove, obscure or alter any copyright notice, trademarks or other proprietary rights notices affixed to or contained within the eCommerce Services;

(ix) engage in or allow any action involving the eCommerce Services that is inconsistent with the terms and conditions of this Agreement; or

(x) cause, assist or permit any third party to do any of the foregoing. No right, title or interest of intellectual property or other proprietary rights in and to the eCommerce Services and/or other products, services or software made available under this Agreement is transferred to Customer hereunder.

Infinity Computers, its wholly-owned subsidiaries and affiliates and its Third Party Licensors (as defined below) retain all right, title and interests, including, without limitation, all copyright, trade secret, intellectual property and other proprietary rights in and to the eCommerce Services and/or other products, services or software provided under this Agreement.

  1. Audit Rights.

If a customer has purchased any Infinity Computers software or has obtained FTP access to the Infinity Computers software or other eCommerce Services, Infinity Computers shall have the right, during the term of this Agreement and for a period of six (6) months thereafter to access your location and files to inspect your or your agent’s use of the eCommerce Services, as well as computers and equipment used in connection therewith. Customer shall cooperate fully with any such audit or inspection. In the event that any audit shows any misuse, violation or breach of the eCommerce Services or this Agreement, Infinity Computers shall be entitled to pursue any remedies available to it under this Agreement or otherwise at law or in equity, and to or suspend, revoke, or terminate eCommerce Services if you are still our customer.

  1. Availability, Downtime and General Services.

The parties acknowledge that since the Internet is neither owned nor controlled by any one entity, Infinity Computers makes no guarantees that any given user will be able to access the eCommerce Services at any given time. Infinity Computers shall not be liable to Customer for failure of accessibility to the eCommerce Services or any potential or actual losses that Customer may suffer from your inability to access or use the eCommerce Services or your customer’s inability to access any websites that may be supported or hosted by eCommerce Services. Infinity Computers provides all eCommerce Services and any software related to those services to you on an “as is” basis and does not guarantee that the eCommerce Services or any related software has no errors, defects or bugs or will function properly. Customer agrees that Infinity Computers is not responsible in any way for any malfunction or downtime in the eCommerce Services or related software and any damage, injury or lost profits that may arise from such malfunction or downtime. Infinity Computers makes no guarantee that the eCommerce Services that you purchase will operate seamlessly and without error with your own hardware, software or other services (including third party products) that Customer currently uses. Infinity Computers makes no guarantees regarding system uptime, including but not limited to, the uptime for hosting your store(s) on Infinity Computers or third party systems. From time to time, and as may be necessary to maintain such systems and Infinity Computers hardware, Infinity Computers reserves the right to take its servers and other hardware offline for repairs, upgrades or routine maintenance. Customer agrees and understands that Infinity Computers eCommerce Services, including the hosting of a your store, may be dependent on third party services that Infinity Computers cannot control. Customer expressly agrees that the availability of those third party services may impact your eCommerce Services and therefore does not hold Infinity Computers liable for any actions of a third party that may adversely impact your eCommerce Services.

Any uptime calculation or percentage that is provided as a part of the eCommerce Services does not include routine maintenance, unexpected downtime caused by network issues or third party vendors, and occurrences that are outside the control of Infinity Computers. If you purchase eCommerce Design Services, you agree that you take full responsibility for all content suggested or supplied to Infinity Computers for inclusion on web document(s), advertisement(s) or any form of media. Customer is held legally liable for any such supplied content.

  1. Fees and Payment Terms.

Fees for the eCommerce Services selected by you will be on a pre-paid basis, due and payable at point of sale (meaning at the beginning of the project) and then on a recurring basis, in advance of each billing cycle, throughout the Term of the Agreement, unless another fee or payment structure is mutually agreed to by you and Infinity Computers in writing.

You also agree to pay any and all transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through your Website via the eCommerce Services during the previous billing period in the following month, and further in accordance with the invoicing and payment requirements.

  1. Restrictions on Use.

You agree that you will not exceed the bandwidth or storage space limits applicable to the eCommerce Services purchased, as set forth on our Website. You agree that if you do exceed any such limits or otherwise engage in any such activity, Infinity Computers, in its sole and exclusive discretion, may immediately take corrective action, including, but not limited to, billing plan adjustment and/or upgrade, assessment of additional fees and/or suspension, and/or termination of your eCommerce Services.

You agree that if your bandwidth and storage space usage adversely affects other customers on our shared eCommerce Services platform, Infinity Computers may adjust your billing plan and/or suspend or terminate your eCommerce Services without liability.

You agree that Infinity Computers will have no liability to you or any of your end users due to any corrective action that Infinity Computers may take and that you will not be entitled to a refund of any fees paid in advance prior to the corrective action.

6.a Bandwidth Fees.

Bandwidth overages will be incurred for each Gigabyte (GB) of usage over your allotted plan amount.

The fees are applied by the following scale, which is subject to change at Infinity Computers’ sole discretion:

PRODUCT /ITEMDescription Unit rate (UGX)Unit rate (USD)Duration 
     
Hosting    
Web and mail hosting4GB (1-50 email accounts)650,000175.6Annual
8GB (50-100 email accounts)800,000216.2Annual
10GB +  ENTRY LEVEL   
We recommend getting a Virtual Private Server (VPS). The prices of VPSs vary depending on the specifications of the RAM, Storage space, Bandwidth etc.   
    
Email hosting2GB (1-10 email accounts)350,00094.6Annual
3GB (10-30 email accounts)450,000121.6Annual
4GB (30-50 email accounts)550,000148.6Annual
5GB (50-100 email accounts)650,000175.7Annual
P.S. – The email accounts vary on usage. Those are the estimates.   

Excess bandwidth usage cannot be purchased by you in advance. If you exceed your data transfer limit in the last 24 hours of any given month, Infinity Computers will not charge you additional fees so long as the data transfer overage does not exceed 25GB.

For eCommerce Services, you agree that Infinity Computers may automatically charge your credit card for the bandwidth overage fees. You may opt-out of automatic charges to your credit card by contacting Customer Support at support@i3c.co.ug. If you opt out of the automatic overage charges, you risk account suspension if you exceed your allotted amount.

  1. Terms and Conditions of Infinity Computers’ Licensors.

Customer acknowledges and agrees that the eCommerce Services are provided, in some cases, by third party Licensors to Infinity Computers (hereinafter “Third Party Licensors”). For all eCommerce Services that are provided by Third Party Licensors to Infinity Computers, Customer agrees with and shall abide by all Third Party Licensor terms and conditions, if any. Such Third Party Licensor terms and conditions are available upon request (the “Additional Terms and Conditions”). Any Additional Terms and Conditions are in addition to and supplement the terms and conditions provided in this Agreement. Customer acknowledges and agrees that it will be subject to all Additional Terms and Conditions and that all such Additional Terms and Conditions shall be incorporated into this Agreement, to the extent those Additional Terms and Conditions do not conflict with the terms and conditions of this Agreement, as if set forth fully herein. Customer further agrees that it will be subject to all Additional Terms and Conditions where Customer elects to add services to its eCommerce Services package.

  1. Changes to Infinity Computers Licensors.

Customer acknowledges that Infinity Computers may, at its sole discretion, change any Third Party Licensors that provide services under this Agreement, or add or delete discrete services from the eCommerce Services. In the event that Infinity Computers changes Third Party Licensors, Infinity Computers may provide Customer with notification of changes in Third Party Licensors and refer Customer to information posted on Infinity Computers’s website relative to that change which shall become Additional Terms and Conditions for the purposes of this Agreement.

  1. Refunds.

Refunds for certain eCommerce Services are only provided in limited instances and only within the first 30 days from your purchase of the services.

Such refunds are only permitted where the Customer has taken all actions consistent with this Agreement and has not taken any action that would void the 30-day trial offer.

Refunds will not include a processing fee that all Customers must pay.

  1. eCommerce SiteBuilder

In conjunction with our partners, Infinity Computers’ eCommerce Services may provide a software program (“Software”) that enables you to build an online store (the “Store”) through which you can sell your products and services online.

Infinity Computers also provides other related services, including hosting of the Store, site design, email services, marketing services, domain name registration, and other such services, that along with the Software, may be offered to you (collectively, the “Sitebuilder.ug services”).

A). The Agreement is effective upon your use of the Software, whereby subject to all of the terms and conditions of this Agreement, Infinity Computers will provide you with a limited license to use the Software. Subject to the terms and conditions of the Agreement, Infinity Computers shall grant to you a nonexclusive, non-transferable, revocable, limited license to remotely access and use the Software on servers operated by or for Infinity Computers (“Infinity Computers Servers”) through an Infinity Computers website (the “sitebuilder.ug”) solely for the purpose of building, maintaining, and hosting the Store on which you offer products or services.

The Store shall be hosted on our Infinity Computers’ servers or on servers owned by our partners  on which several merchants may share the resources and network capacity of those servers.

You authorize Infinity Computers to process any and all of your account transactions initiated through the use of the password and/or passphrase that you establish through registration on the Infinity Computers Site and activation of your sitebuilder.ug Services account and you are solely responsible for maintaining the confidentiality of such password and/or passphrase.

B). Upon activation of your sitebuilder.ug Services account and subject to the payment of applicable fees, Infinity Computers will also provide certain hosting, support and other SiteBuilder.ug services to you during the term of this Agreement.

Subject to payment of applicable fees, Infinity Computers will provide design and customization Services for your Store as provided herein and in accordance with this Agreement and Infinity Computers’ then current customization terms and policies. You shall provide all Content for the Store, such as text, music, sound, photographs, video, graphics, logo data, software, design, and related information in a format and within a time period designated by Infinity Computers.

C). For the SiteBuilder.ug services and software license, Infinity Computers will invoice you and you agree to pay;

(i) all non-refundable recurring subscription and other annual or one-time fees, in advance, for the license of software and SiteBuilder.ug services to be rendered to you by or on behalf of Infinity Computers during the upcoming billing period, and

(ii) all transaction fees and all other fees designated to be paid in arrears based on the value of goods and services sold through your Store during the previous billing period in the following month, and further in accordance with the invoicing and payment requirements. Infinity Computers will debit all fees payable by you to Infinity Computers directly from the credit card or PayPal account designated by you when you register for your sitebuilder.ug Services account in order to receive a license to the software.

D). The license for software and SiteBuilder.ug services may require you to use a 3rd party Payment Solution such as PayPal for your store.

Using this 3rd party as a “Payment Solution” means that you use it exclusively to process online payments from your Store customers.

Other licenses will have the option of using the Payment Solution as you may choose not to use the 3rd party Payment Solutions.

Using this 3rd Party Payment Solution means that you are providing this Payment Solution as a payment option to customers of your Store in conjunction with a third party online payment processing solution.

In order to use such a 3rd Party Payment Solution with your Store, you may be required to sign up for with the third Party Payment solution provider as per it’s terms of use Agreement, Privacy Policy and other related terms, conditions, rules and policies.

 

Last Revised: 24/08/2021
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

  1. OVERVIEW

This Marketing Applications Agreement (this “Agreement”) is entered into by and between Infinity Computers and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of our Search Engine Visibility service (“Search Engine Visibility”) (individually referred to as “Service” or “Services“), and represents the entire agreement between you and us concerning the subject matter hereof.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with our General Terms of Service Agreement, which is incorporated herein by this reference, and any plan limits presented on the product landing pages, which are also incorporated herein by this reference.

The terms “we”, “us” or “our” shall refer to Infinity Computers. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement and/or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.

Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of this Agreement and Service limitations as last revised.

If you do not agree to be bound by this Agreement and the Service limitations as last revised, do not continue to use this Site or the Services.

We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.

  1. DESCRIPTION OF SERVICES

We offer a variety of products in our Marketing Applications suite of products, including Search Engine Visibility.

You may purchase this product.

Your purchase and use of this product is subject to both the general terms and conditions and the specific terms and conditions for the product as set forth in this Agreement.

  1. GENERAL TERMS

No Endorsement. We do not endorse any of the email marketing campaigns initiated using any of the Online Landing Pages (as defined below), descriptions of services contained on the Online Landing Pages, testimonials contained on the Online Landing Pages, or other user content created through Search Engine Visibility, and expressly disclaim any and all liability or responsibility regarding the same.

  1. PROVISIONS SPECIFIC TO SEARCH ENGINE VISIBILITY

Requirements.  To use Search Engine Visibility as a standalone product and auto publish you should have the domain for your website registered with Infinity Computers and permission to edit content on the website for that domain.

To auto-publish, you should grant us permission to update DNS settings on your behalf for the domain. To manually publish, you should have the permission to edit content on the domain.

To use Search Engine Visibility through Managed WordPress, Website Builder or Online Store you should have permission to edit content on the website.

In addition, any web page you submit when using Search Engine Visibility must resolve to an operational web page, and may not resolve to a DNS error, a 404 error, or any other error message; and must be publicly accessible without the use of passwords or other access codes.

No Intellectual Property Infringement.  You represent and warrant that your web page(s) do not infringe on the intellectual property rights of any third party. You further represent and warrant that we and our search engine partners (individually and collectively) have the right to display and distribute any search listings generated by Search Engine Visibility, and to copy, modify or manipulate the search listings as necessary to conform to search engine standards.

Additional Limitations.  We explicitly reserve the right to terminate your use of Search Engine Visibility if it comes to our attention that you are using the Service for activities designed to undermine the accuracy, relevance, credibility, or validity of search engine results, such as by “link farming”, “keyword stuffing”, or “spamming” (as such terms are customarily understood in the search engine optimization industry).

Additional Disclaimer of Representations and Warranties.  In addition to the Disclaimer of Representations and Warranties section contained in the Universal Terms of Service Agreement, we expressly disclaim any guarantee of the level of success you will achieve by using Search Engine Visibility. You acknowledge and agree that there is no guarantee that you will be listed by search engines, or that you will achieve significant search engine rankings.

  1. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

  1. DEFINITIONS; CONFLICTS

Capitalized terms used but not defined herein shall have the meanings ascribed to them in the Universal Terms of Service Agreement.  In the event there is a conflict between the provisions of this Agreement and the provisions of the General Terms of Service Agreement, the provisions of this Agreement shall control.

 

This Agreement (and all other documents referenced herein) is entered into by INFINITY COMPUTERS and YOU for the purpose of providing Web-based access to your application that may be in a form of software specified in the contract, including any updates, upgrades or revisions provided under this Agreement (“Software”), and certain other services relating to the processing of and response to online inquiries and messages (“Online Messages”) received by YOU from your customers and other users of your Web site (“Users”).

PROVISION OF SERVICES
Infinity Computers will provide Customer with access, maintenance and related hosting services (“Hosting Services”) to the Software installed on our servers and other equipment (the “INFINITY COMPUTERS System”).

Customer agrees, as reasonably requested by us, to provide us with access to Customer’s premises and equipment and to otherwise cooperate with us in performing the services.

During the term of this Agreement, Customer may obtain information (“Reports”) regarding Customer’s use of the Software and the quantity and handling of Online Messages routed to Infinity Computer’s System by accessing it through a password-protected Web site made available by Infinity Computers. Customer shall be responsible for maintaining the confidentiality of such passwords and shall permit only their authorized employees to access the System.

The Hosting Services, and the hosting fees specified in our price list, do not include any deployment, training or other consulting or professional services which, if applicable, will be specified in a Statement of Work, signed by both parties, and incorporated herein by this reference.

  • Customer Support

Infinity Computers will provide live telephone/email/social media support to Customer twenty four hours a day, seven days a week by a trained Infinity Computers’ customer support representative.

  1. CUSTOMER’S RESPONSIBILITIES

Customer agrees that it shall be responsible for providing and maintaining its own Internet access and all necessary telecommunications equipment, software and other materials (“Customer Equipment”) at Customer’s location necessary for accessing the Software and the Infinity Computers System through the Internet. Customer agrees to notify Infinity Computers of any changes in the Customer Equipment, including any system configuration changes or any hardware or software upgrades, which may affect the Hosting Services provided hereunder. The Infinity Computers System is only to be used for lawful purposes. Customer agrees not to transmit, re-transmit or store materials on or through the Infinity Computers System or the Software that are harmful to the Infinity Computers System or Software, or in violation of any applicable laws or regulations, including without limitation laws relating to infringement of intellectual property and proprietary rights of others.

To the extent that certain components of the Software may be downloaded to Customer’s or User’s computer as a result of accessing the Software as part of the Hosting Services, Infinity Computers grants Customers a non-exclusive, non-transferable, limited license, with right to sublicense solely to Users, to use such Software only in connection with the Hosting Services. Neither Customer nor Users are otherwise permitted to use the Software, nor will Customer or Users disassemble, decompile or otherwise attempt to discern the source code of such Software.

Customer agrees that, except as expressly set forth in this Section, it will not rent, lease, sublicense, re-sell, time-share or otherwise assign to any third party this Agreement or any of Customer’s rights or licenses to access the Software or the Infinity Computers System, nor shall Customer use, or authorize others to use, the Software, Hosting Services or the Infinity Computers System to operate a service bureau. Notwithstanding the preceding sentence, Customer shall be permitted to provide access to the Infinity Computers System to its employees and agents located worldwide.

  1. PROPRIETARY RIGHTS

Except for the limited access right granted to Customer in this Agreement, all right, title and interest in and to the Software (including any and all modifications as a result of any implementation services rendered) and the Infinity Computers System are and shall remain the exclusive property of Infinity Computers and its licensors. Infinity Computers acknowledges and agrees that the Online Messages are the property of Customer and that Infinity Computers has only a limited right to use the Online Messages as set forth in the following sentence. Notwithstanding the foregoing, Infinity Computers may access and disclose the Online Messages solely as necessary to provide the Hosting Services, to operate and maintain its systems, to comply with applicable laws and government orders and requests, and to protect itself and its customers.

  1. PRICING AND PAYMENT

Customer agrees to pay the fees and other charges for the Hosting Services and other services provided under this Agreement. CUSTOMER AGREES TO PAY FOR HOSTING SERVICES ON OR BEFORE THE PARTICULAR DAY OF THE MONTH IN WHICH THE HOSTING SERVICES ARE PROVIDED, except that, with respect to Additional Fees (as defined in our services price list), Infinity Computers will invoice Customer for such Fees in the month after the month in which such fees accrue. All amounts payable hereunder are exclusive of any and all taxes, and Customer is responsible for payment of such taxes (excluding taxes based on Infinity Computers’ net income).

All prices are stated, and Customer shall pay, in [United States Dollars, or Uganda Shillings].

Payment received by Infinity Computers after the due date shall be subject to a late fee equal to [NUMBER] and [PERCENTAGE %] percent per month, or, if less, the maximum amount allowed by applicable [YOUR COUNTRY LAW]. At the end of the initial Five-year term of this Agreement and any subsequent terms, Infinity Computers may adjust the monthly fee payable under this Agreement by providing Customer written notice of such adjustment at least five days prior to the beginning of the new term.

  1. LIMITED WARRANTIES; DISCLAIMER OF WARRANTIES
    • Infinity Computers warrants and represents to Customer that (i) the Software will perform substantially in accordance with the documentation, if any, provided by Infinity Computers to Customer, and (ii) the Hosting   Services will be performed in a professional and workmanlike manner and in accordance with Section 2.

In the event of Downtime (as defined in this Section below), as Customer’s sole and exclusive remedy and Infinity Computers’ sole and exclusive liability, the monthly fee payable for the Hosting Services shall be compensated with a rebate offset on future pay as shall be reasonable determined based on the proportional down time as computed against the period pf pay.

For the purposes of this Agreement, “Downtime” shall mean any interruption in the availability of Hosting Services to Customer (excluding scheduled interruptions of which Customer is notified in advance, only if such interruption is due either to:

  1. an error in the Software, or
  1. failure of the Infinity Computers System (but not including problems associated with Internet connectivity).

Downtime begins upon Customer notification to Infinity Computers of the interruption, either by speaking directly with a customer service representative from Infinity Computers or by sending email to support@i3c.co.ug, and continues until the availability of the Hosting Services is restored to the Customer. For purposes of this Agreement, “Normal Business Hours” shall mean between the hours of 8am to 5pm [Local Kampala Time], Monday through Friday excluding Weekends and National Holidays.

In the event of a breach (other than Downtime) of the warranty, Infinity Computers’ sole and exclusive liability shall be at Infinity Computers’ option to remedy the software through, or replacement of the Software.

THE FOREGOING CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND INFINITY COMPUTERS’ ENTIRE LIABILITY, FOR DOWNTIME AND FOR BREACH OF THE HOSTING SERVICES WARRANTY PROVIDED IN THIS SECTION

THE HOSTING SERVICES ARE PROVIDED, AND THE SOFTWARE AND THE INFINITY COMPUTERS SYSTEM ARE MADE AVAILABLE, BY INFINITY COMPUTERS TO CUSTOMER “AS IS,” AND  INFINITY COMPUTERS AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE HOSTING SERVICES, THE SOFTWARE OR THE INFINITY COMPUTERS SYSTEM, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT, TO THE MAXIMUM EXTENT POSSIBLE BY LAW.

  • Without limiting the express warranties set forth in this Agreement, Infinity Computers does not warrant that the Software, the Infinity Computers System or the Hosting Services will meet Customer’s requirements, or that Customer’s access to and use of the Software, the Infinity Computers System or the Hosting Services will be uninterrupted or free of errors or omissions.

Infinity Computers cannot and does not guarantee the privacy, security, authenticity and non-corruption of any information transmitted through, or stored in any system connected to, the Internet. Infinity Computers will use commercially reasonable efforts to adequately maintain, and upgrade as necessary, the Infinity Computers System to provide the Hosting Services to its customers.

However, except as expressly set forth herein, Infinity Computers shall not be responsible for any delays, errors, failures to perform, or disruptions in the Hosting Services caused by or resulting from any act, omission or condition beyond Infinity Computers’ reasonable control.

  1. LIMITATION OF LIABILITY

EXCLUDING LIABILITY FOR INFRINGEMENT CLAIMS AS DISCUSSED IN SECTION 9 OF THIS AGREEMENT, IN NO EVENT SHALL INFINITY COMPUTERS BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), OR BE LIABLE TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, EVEN IF INFINITY COMPUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Infinity Computers’ entire liability under this Agreement for any damages from any cause whatsoever, regardless of form or action, whether in contract, negligence or otherwise, shall in no event exceed an amount equal to the price paid for the Services out of which the claim arose.

CONFIDENTIAL INFORMATION

Each party agrees to keep confidential and to use only for purposes of performing (or as otherwise permitted under) this Agreement, any proprietary or confidential information of the other party disclosed pursuant to this Agreement which is marked as confidential or which would reasonably be considered of a confidential nature.

The obligation of confidentiality shall not apply to information which is publicly available through authorized disclosure, is known by the receiving party at the time of disclosure as evidenced in writing, is rightfully obtained from a third party who has the right to disclose it, or which is required by law, government order or request to be disclosed.

Upon any termination of this Agreement, each party shall return to the other party all confidential information of the other party, and all copies thereof, in the possession, custody or control of the party unless otherwise expressly provided in this Agreement.

  1. INDEMNIFICATION

Subject to the limitations set forth in this Section 9, Infinity Computers will defend any third-party suit or action against Customer to the extent such suit or action is based on a claim that the Software or the Infinity Computers System infringes any valid UGANDAN  patent, copyright, trade secret or other proprietary right, and Infinity Computers will pay those damages and costs finally awarded against Customer in any monetary settlement of such suit or action which are specifically attributable to such claim.

These obligations do not include any claims to the extent they are based on use of the Software or Infinity Computers System in violation of this Agreement or in combination with any other software or hardware, or any modification to the Software or Infinity Computers System pursuant to Customer’s specifications.

If any portion of the Software or Infinity Computers System becomes, or in Infinity Computers’ opinion is likely to become, the subject of a claim of infringement, then Infinity Computers may, at its option and expense,

  1. procure for Customer the right to continue using such Software or the Infinity Computers System, or replace or modify the Software or the Infinity Computers System so that it becomes non-infringing.

The indemnity obligations set forth in this Section 9 are contingent upon:

  • Customer giving prompt written notice to Infinity Computers of any such claim(s);
  • Infinity Computers having sole control of the defense or settlement of the claim; and
  • at Infinity Computers’ request and expense, Customer cooperating in the investigation and defense of such claim(s). THE FOREGOING STATES INFINITY COMPUTERS’ ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.
  1. TERM AND TERMINATION
    • Term and Termination

This Agreement shall continue in effect from the Effective Date for a period as specified, unless earlier terminated as set forth below, and thereafter shall renew automatically for successive five year periods unless either party gives the other party at least 30 days prior written notice of its intent not to renew the Agreement.

In addition, either party may terminate this Agreement by giving to the other party written notice of such termination upon the other party’s material breach of any material term (subject to the other party’s right to cure within five days after receipt of such notice), the other party’s insolvency, or the institution of any bankruptcy or similar proceedings by or against the other party.

  • Effect of Termination

Upon any termination of this Agreement, Infinity Computers shall immediately cease providing all Hosting Services, and Customer shall no longer have access to the Software or the Infinity Computers System. Except in the event of termination for Customer’s breach, Infinity Computers shall provide Customer with an electronic copy of the final Reports (covering the month just prior to termination of this Agreement). Infinity Computers shall be entitled to retain a copy (whether electronic or otherwise) of the Online Messages and the Reports for its records and internal purposes and shall not disclose such Online Messages or Reports to any third party except as permitted under Section 4. Within five days of any termination of this Agreement, Customer shall pay to Infinity Computers all unpaid fees accrued prior to termination. Sections 4, 5 (as to amounts accrued but unpaid), 7, 8, 10.2 and 12 (as to amounts accrued but unpaid) shall survive any expiration or termination of this Agreement.

  1. CUSTOMER REFERENCES

Customer agrees that, during the term of this Agreement, Infinity Computers may reference Customer in Infinity Computers’ customer listings and may place Customer’s name and logo on Infinity Computers’ Web site and in collateral marketing materials relating to Infinity Computers’ products and services. Customer hereby grants Infinity Computers a right to use Customer’s trademarks (name and logo only) designated by Customer for such limited uses, subject to Customer’s trademark/logo usage guidelines, if any, provided by Customer to Infinity Computers. With these limited exceptions, Infinity Computers agrees that it may not use Customer’s name, logo or any other trademarks (including in any press releases, customer “case studies,” and the like) without Customer’s prior consent.

  1. MISCELLANEOUS

This Agreement, constitutes the entire agreement of the parties, and supersedes any prior or contemporaneous agreements between the parties, with respect to the subject of this Agreement. Except as otherwise expressly provided herein, this Agreement may be modified only by a writing signed by an authorized representative of each party.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Uganda exclusive of its conflict of laws principles.

Notices under this Agreement shall be in writing, addressed to the party at its last-provided address, and shall be deemed given when delivered personally, or by e-mail (with confirmation of receipt) or conventional mail (registered or certified, postage prepaid with return receipt requested).

Nothing contained in this Agreement is intended or is to be construed to constitute Infinity Computers and the Customer as partners or joint venturers or either party as an agent of the other.

If any provision of this Agreement shall be declared invalid, illegal or unenforceable, all remaining provisions shall continue in full force and effect.

All waivers of any rights or breach hereunder must be in writing to be effective, and no failure to enforce any right or provision shall be deemed to be a waiver of the same or other right or provision on that or any other occasion.

Neither party may assign or otherwise transfer its rights and/or obligations under this Agreement without the prior written consent of the other party.

Notwithstanding the foregoing, no consent shall be required for an assignment of this Agreement made pursuant to a merger, consolidation, or the acquisition of all or substantially all of the business and assets of a party.

This Agreement will bind and inure to the benefit of the parties and their successors and permitted assigns.

Each party agrees to the terms and conditions contained in this Agreement.

HOSTING AGREEMENT.

This Agreement (and all other documents referenced herein) is entered into by INFINITY COMPUTERS and YOU for the purpose of providing Web-based access to your application that may be in a form of software specified in the contract, including any updates, upgrades or revisions provided under this Agreement (“Software”), and certain other services relating to the processing of and response to online inquiries and messages (“Online Messages”) received by YOU from your customers and other users of your Web site (“Users”).

PROVISION OF SERVICES

Infinity Computers will provide Customer with access, maintenance and related hosting services (“Hosting Services”) to the Software installed on our servers and other equipment (the “INFINITY COMPUTERS System”).

Customer agrees, as reasonably requested by us, to provide us with access to Customer’s premises and equipment and to otherwise cooperate with us in performing the services.

During the term of this Agreement, Customer may obtain information (“Reports”) regarding Customer’s use of the Software and the quantity and handling of Online Messages routed to Infinity Computer’s System by accessing it through a password-protected Web site made available by Infinity Computers. Customer shall be responsible for maintaining the confidentiality of such passwords and shall permit only their authorized employees to access the System.

The Hosting Services, and the hosting fees specified in our price list, do not include any deployment, training or other consulting or professional services which, if applicable, will be specified in a Statement of Work, signed by both parties, and incorporated herein by this reference.

  • Customer Support

Infinity Computers will provide live telephone/email/social media support to Customer twenty four hours a day, seven days a week by a trained Infinity Computers’ customer support representative.

  1. CUSTOMER’S RESPONSIBILITIES

Customer agrees that it shall be responsible for providing and maintaining its own Internet access and all necessary telecommunications equipment, software and other materials (“Customer Equipment”) at Customer’s location necessary for accessing the Software and the Infinity Computers System through the Internet. Customer agrees to notify Infinity Computers of any changes in the Customer Equipment, including any system configuration changes or any hardware or software upgrades, which may affect the Hosting Services provided hereunder. The Infinity Computers System is only to be used for lawful purposes. Customer agrees not to transmit, re-transmit or store materials on or through the Infinity Computers System or the Software that are harmful to the Infinity Computers System or Software, or in violation of any applicable laws or regulations, including without limitation laws relating to infringement of intellectual property and proprietary rights of others.

To the extent that certain components of the Software may be downloaded to Customer’s or User’s computer as a result of accessing the Software as part of the Hosting Services, Infinity Computers grants Customers a non-exclusive, non-transferable, limited license, with right to sublicense solely to Users, to use such Software only in connection with the Hosting Services. Neither Customer nor Users are otherwise permitted to use the Software, nor will Customer or Users disassemble, decompile or otherwise attempt to discern the source code of such Software.

Customer agrees that, except as expressly set forth in this Section, it will not rent, lease, sublicense, re-sell, time-share or otherwise assign to any third party this Agreement or any of Customer’s rights or licenses to access the Software or the Infinity Computers System, nor shall Customer use, or authorize others to use, the Software, Hosting Services or the Infinity Computers System to operate a service bureau. Notwithstanding the preceding sentence, Customer shall be permitted to provide access to the Infinity Computers System to its employees and agents located worldwide.

  1. PROPRIETARY RIGHTS

Except for the limited access right granted to Customer in this Agreement, all right, title and interest in and to the Software (including any and all modifications as a result of any implementation services rendered) and the Infinity Computers System are and shall remain the exclusive property of Infinity Computers and its licensors. Infinity Computers acknowledges and agrees that the Online Messages are the property of Customer and that Infinity Computers has only a limited right to use the Online Messages as set forth in the following sentence. Notwithstanding the foregoing, Infinity Computers may access and disclose the Online Messages solely as necessary to provide the Hosting Services, to operate and maintain its systems, to comply with applicable laws and government orders and requests, and to protect itself and its customers.

  1. PRICING AND PAYMENT

Customer agrees to pay the fees and other charges for the Hosting Services and other services provided under this Agreement. CUSTOMER AGREES TO PAY FOR HOSTING SERVICES ON OR BEFORE THE PARTICULAR DAY OF THE MONTH IN WHICH THE HOSTING SERVICES ARE PROVIDED, except that, with respect to Additional Fees (as defined in our services price list), Infinity Computers will invoice Customer for such Fees in the month after the month in which such fees accrue. All amounts payable hereunder are exclusive of any and all taxes, and Customer is responsible for payment of such taxes (excluding taxes based on Infinity Computers’ net income).

All prices are stated, and Customer shall pay, in [United States Dollars, or Uganda Shillings].

Payment received by Infinity Computers after the due date shall be subject to a late fee equal to [NUMBER] and [PERCENTAGE %] percent per month, or, if less, the maximum amount allowed by applicable [YOUR COUNTRY LAW]. At the end of the initial Five-year term of this Agreement and any subsequent terms, Infinity Computers may adjust the monthly fee payable under this Agreement by providing Customer written notice of such adjustment at least five days prior to the beginning of the new term.

  1. LIMITED WARRANTIES; DISCLAIMER OF WARRANTIES
    • Infinity Computers warrants and represents to Customer that (i) the Software will perform substantially in accordance with the documentation, if any, provided by Infinity Computers to Customer, and (ii) the Hosting   Services will be performed in a professional and workmanlike manner and in accordance with Section 2.

In the event of Downtime (as defined in this Section below), as Customer’s sole and exclusive remedy and Infinity Computers’ sole and exclusive liability, the monthly fee payable for the Hosting Services shall be compensated with a rebate offset on future pay as shall be reasonable determined based on the proportional down time as computed against the period pf pay.

For the purposes of this Agreement, “Downtime” shall mean any interruption in the availability of Hosting Services to Customer (excluding scheduled interruptions of which Customer is notified in advance, only if such interruption is due either to:

  1. an error in the Software, or
  1. failure of the Infinity Computers System (but not including problems associated with Internet connectivity).

Downtime begins upon Customer notification to Infinity Computers of the interruption, either by speaking directly with a customer service representative from Infinity Computers or by sending email to support@i3c.co.ug, and continues until the availability of the Hosting Services is restored to the Customer. For purposes of this Agreement, “Normal Business Hours” shall mean between the hours of 8am to 5pm [Local Kampala Time], Monday through Friday excluding Weekends and National Holidays.

In the event of a breach (other than Downtime) of the warranty, Infinity Computers’ sole and exclusive liability shall be at Infinity Computers’ option to remedy the software through, or replacement of the Software.

THE FOREGOING CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND INFINITY COMPUTERS’ ENTIRE LIABILITY, FOR DOWNTIME AND FOR BREACH OF THE HOSTING SERVICES WARRANTY PROVIDED IN THIS SECTION

THE HOSTING SERVICES ARE PROVIDED, AND THE SOFTWARE AND THE INFINITY COMPUTERS SYSTEM ARE MADE AVAILABLE, BY INFINITY COMPUTERS TO CUSTOMER “AS IS,” AND  INFINITY COMPUTERS AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE HOSTING SERVICES, THE SOFTWARE OR THE INFINITY COMPUTERS SYSTEM, AND SPECIFICALLY DISCLAIM THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND AGAINST INFRINGEMENT, TO THE MAXIMUM EXTENT POSSIBLE BY LAW.

  • Without limiting the express warranties set forth in this Agreement, Infinity Computers does not warrant that the Software, the Infinity Computers System or the Hosting Services will meet Customer’s requirements, or that Customer’s access to and use of the Software, the Infinity Computers System or the Hosting Services will be uninterrupted or free of errors or omissions.

Infinity Computers cannot and does not guarantee the privacy, security, authenticity and non-corruption of any information transmitted through, or stored in any system connected to, the Internet. Infinity Computers will use commercially reasonable efforts to adequately maintain, and upgrade as necessary, the Infinity Computers System to provide the Hosting Services to its customers.

However, except as expressly set forth herein, Infinity Computers shall not be responsible for any delays, errors, failures to perform, or disruptions in the Hosting Services caused by or resulting from any act, omission or condition beyond Infinity Computers’ reasonable control.

  1. LIMITATION OF LIABILITY

EXCLUDING LIABILITY FOR INFRINGEMENT CLAIMS AS DISCUSSED IN SECTION 9 OF THIS AGREEMENT, IN NO EVENT SHALL INFINITY COMPUTERS BE LIABLE TO CUSTOMER FOR CONSEQUENTIAL, EXEMPLARY, INDIRECT, SPECIAL OR INCIDENTAL DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS), OR BE LIABLE TO ANY THIRD PARTY FOR ANY DAMAGES WHATSOEVER, EVEN IF INFINITY COMPUTERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Infinity Computers’ entire liability under this Agreement for any damages from any cause whatsoever, regardless of form or action, whether in contract, negligence or otherwise, shall in no event exceed an amount equal to the price paid for the Services out of which the claim arose.

CONFIDENTIAL INFORMATION

Each party agrees to keep confidential and to use only for purposes of performing (or as otherwise permitted under) this Agreement, any proprietary or confidential information of the other party disclosed pursuant to this Agreement which is marked as confidential or which would reasonably be considered of a confidential nature.

The obligation of confidentiality shall not apply to information which is publicly available through authorized disclosure, is known by the receiving party at the time of disclosure as evidenced in writing, is rightfully obtained from a third party who has the right to disclose it, or which is required by law, government order or request to be disclosed.

Upon any termination of this Agreement, each party shall return to the other party all confidential information of the other party, and all copies thereof, in the possession, custody or control of the party unless otherwise expressly provided in this Agreement.

  1. INDEMNIFICATION

Subject to the limitations set forth in this Section 9, Infinity Computers will defend any third-party suit or action against Customer to the extent such suit or action is based on a claim that the Software or the Infinity Computers System infringes any valid UGANDAN  patent, copyright, trade secret or other proprietary right, and Infinity Computers will pay those damages and costs finally awarded against Customer in any monetary settlement of such suit or action which are specifically attributable to such claim.

These obligations do not include any claims to the extent they are based on use of the Software or Infinity Computers System in violation of this Agreement or in combination with any other software or hardware, or any modification to the Software or Infinity Computers System pursuant to Customer’s specifications.

If any portion of the Software or Infinity Computers System becomes, or in Infinity Computers’ opinion is likely to become, the subject of a claim of infringement, then Infinity Computers may, at its option and expense,

  1. procure for Customer the right to continue using such Software or the Infinity Computers System, or replace or modify the Software or the Infinity Computers System so that it becomes non-infringing.

The indemnity obligations set forth in this Section 9 are contingent upon:

  • Customer giving prompt written notice to Infinity Computers of any such claim(s);
  • Infinity Computers having sole control of the defense or settlement of the claim; and
  • at Infinity Computers’ request and expense, Customer cooperating in the investigation and defense of such claim(s). THE FOREGOING STATES INFINITY COMPUTERS’ ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.
  1. TERM AND TERMINATION
    • Term and Termination

This Agreement shall continue in effect from the Effective Date for a period as specified, unless earlier terminated as set forth below, and thereafter shall renew automatically for successive five year periods unless either party gives the other party at least 30 days prior written notice of its intent not to renew the Agreement.

In addition, either party may terminate this Agreement by giving to the other party written notice of such termination upon the other party’s material breach of any material term (subject to the other party’s right to cure within five days after receipt of such notice), the other party’s insolvency, or the institution of any bankruptcy or similar proceedings by or against the other party.

  • Effect of Termination

Upon any termination of this Agreement, Infinity Computers shall immediately cease providing all Hosting Services, and Customer shall no longer have access to the Software or the Infinity Computers System. Except in the event of termination for Customer’s breach, Infinity Computers shall provide Customer with an electronic copy of the final Reports (covering the month just prior to termination of this Agreement). Infinity Computers shall be entitled to retain a copy (whether electronic or otherwise) of the Online Messages and the Reports for its records and internal purposes and shall not disclose such Online Messages or Reports to any third party except as permitted under Section 4. Within five days of any termination of this Agreement, Customer shall pay to Infinity Computers all unpaid fees accrued prior to termination. Sections 4, 5 (as to amounts accrued but unpaid), 7, 8, 10.2 and 12 (as to amounts accrued but unpaid) shall survive any expiration or termination of this Agreement.

  1. CUSTOMER REFERENCES

Customer agrees that, during the term of this Agreement, Infinity Computers may reference Customer in Infinity Computers’ customer listings and may place Customer’s name and logo on Infinity Computers’ Web site and in collateral marketing materials relating to Infinity Computers’ products and services. Customer hereby grants Infinity Computers a right to use Customer’s trademarks (name and logo only) designated by Customer for such limited uses, subject to Customer’s trademark/logo usage guidelines, if any, provided by Customer to Infinity Computers. With these limited exceptions, Infinity Computers agrees that it may not use Customer’s name, logo or any other trademarks (including in any press releases, customer “case studies,” and the like) without Customer’s prior consent.

  1. MISCELLANEOUS

This Agreement, constitutes the entire agreement of the parties, and supersedes any prior or contemporaneous agreements between the parties, with respect to the subject of this Agreement. Except as otherwise expressly provided herein, this Agreement may be modified only by a writing signed by an authorized representative of each party.

This Agreement shall be governed by and construed in accordance with the laws of the Republic of Uganda exclusive of its conflict of laws principles.

Notices under this Agreement shall be in writing, addressed to the party at its last-provided address, and shall be deemed given when delivered personally, or by e-mail (with confirmation of receipt) or conventional mail (registered or certified, postage prepaid with return receipt requested).

Nothing contained in this Agreement is intended or is to be construed to constitute Infinity Computers and the Customer as partners or joint venturers or either party as an agent of the other.

If any provision of this Agreement shall be declared invalid, illegal or unenforceable, all remaining provisions shall continue in full force and effect.

All waivers of any rights or breach hereunder must be in writing to be effective, and no failure to enforce any right or provision shall be deemed to be a waiver of the same or other right or provision on that or any other occasion.

Neither party may assign or otherwise transfer its rights and/or obligations under this Agreement without the prior written consent of the other party.

Notwithstanding the foregoing, no consent shall be required for an assignment of this Agreement made pursuant to a merger, consolidation, or the acquisition of all or substantially all of the business and assets of a party.

This Agreement will bind and inure to the benefit of the parties and their successors and permitted assigns.

Each party agrees to the terms and conditions contained in this Agreement.

 
 

This Non-Disclosure Agreement (“Agreement”) is entered into as of this date [insert date here] (the “Effective Date”) by and between Infinity Computers and Communications Company Limited (Infinity Computers, or Infinity Computers) with its offices and principle place of business located at Plot 6b Windsor Loop, Kitante, Kampala, Uganda (“Infinity Computers”), and

 (“other party”), of email: (“email of the other party”) and  phone number: (“phone number of the other party”)

(Infinity Computes and the other party  may be referred to individually as a “party” or collectively as the “parties”):

            WHEREAS, INFINITY COMPUTERS and the other party  possess confidential and/or proprietary information and technology concerning their hardware products, software products, services, marketing, business plans, customers, suppliers, strategies, prices, plans, roadmaps, and other technical and business information, including: several  proprietary systems that include various services which is, prior to the effective date are already in use with the necessary features and technical capabilities needed to offer multiple services;

            WHEREAS, the other party and Infinity Computers desire to exchange or provide access to their respective Confidential Information with a view of forging a possible business relationship between the parties; and

            WHEREAS, to induce such disclosure the parties hereby undertake the obligations of confidentiality and nondisclosure set forth herein;

            NOW THEREFORE, in consideration of the mutual undertakings and promises herein, the parties agree as follows:

Confidential Information:

The term “Confidential Information” means any and all confidential and/or proprietary information and technology of both Infinity Computers and the other party, whether in oral, written, graphic, electromagnetic or other form, including but not limited to past, present and future business, financial and commercial information, business concepts, prices and pricing methods, marketing and customer information, financial forecasts and projections, technical data and information, formula, analysis, trade secrets, ideas, methods, know how, processes,  computer programs, products, equipment, product road maps, prototypes, samples, designs, data sheets, schematics, configurations, specifications, techniques, drawings and other data or Information delivered by either of the parties to the other or to which the the other party has acquired by way of inspection or observation and has been designated by the discloser as Confidential in accordance with paragraph 1.2.

Included Information: 

Confidential Information shall be deemed to include any and all Confidential Information which has been or may be disclosed by or on behalf of the disclosing party, irrespective of form, but which is either (i) marked “Confidential” by the disclosing party or otherwise identified as confidential and proprietary to the disclosing party, or (ii) in the case of oral disclosures, is identified at the time of disclosure as being proprietary and confidential to the disclosing party and summarized thereafter in writing.

Exempted Information:

Confidential Information shall not include information that (a) was already known to the recipient prior to its disclosure by the other party or is independently developed by the recipient, as demonstrated by reasonable and tangible evidence satisfactory to the disclosing party; (b) shall have appeared in any printed publication or patent or shall have become part of the public knowledge except as a result of breach of this Agreement by the recipient; (c) shall have been received by the recipient from another person or entity having no obligation to the disclosing party or its affiliates; or (d) is approved in writing by the disclosing party for release by the recipient.

Treatment of Confidential Information:

Each party agrees to treat all Confidential Information disclosed to it as strictly confidential and shall not disclose, exploit or make use, directly or indirectly, of such Confidential Information without the express written consent of the disclosing party, except for purposes of the Evaluation in accordance with the terms of this Agreement.  Notwithstanding the foregoing, the recipient may disclose Confidential Information to a person or entity controlled by, controlling or under common control with the recipient.  Each party agrees to treat all Confidential Information with a reasonable degree of care, and in any case no less care than it treats its own similar Confidential Information.  Each party shall assume full responsibility for enforcing this Agreement and shall take appropriate measures with its employees, contractors, and other persons acting on its behalf to insure that such persons are bound by a like covenant of secrecy, including but not limited to informing any employee receiving such Confidential Information that such Confidential Information shall not be disclosed except as provided for herein.

Intellectual Property:

It is understood and agreed that the disclosure of the Confidential Information by the disclosing party shall not grant the recipient any express, implied or other license or rights to patents, trade secrets, or other intellectual property of the disclosing party or its suppliers, whether or not patentable, nor shall it constitute or be deemed to create a partnership, joint venture or other undertaking.  Further, each party agrees that it shall not remove or otherwise alter any of the disclosing party’s trademarks, logos, copyrights, notices or other proprietary notices, if any, affixed upon or attached to Confidential Information or any part thereof.

No Business Relationship:

Neither this Agreement nor the disclosure or receipt of Confidential Information shall constitute or imply any promise or intention by either party to make any purchase or sale or otherwise enter into any other business relationship.

Return of Confidential Information:

Unless otherwise required by state or government rule or regulation, all copies of the Confidential Information shall be returned to the disclosing party immediately upon request without retaining copies thereof, or destroyed upon consent by the disclosing party.

Notice of Disclosure:

In the event that the recipient or anyone to whom the recipient transmits the Confidential Information pursuant to this Agreement becomes legally compelled to disclose any of the Confidential Information, the recipient will provide the disclosing party with prompt notice thereof so that the disclosing party may seek a protective order or other appropriate remedy and/or waive compliance with the applicable provisions of this Agreement.

Employees:

From the date of this Agreement until the third anniversary of the Effective Date hereof, neither Party shall, directly or indirectly, solicit for employment or employ any person who either on the Effective Date of the Agreement or any time within such three (3) years was employed by the the other party

Entire Agreement:

This Agreement shall constitute the complete and exclusive agreement between the parties with respect to the confidentiality and non-disclosure of Confidential Information and shall supersede any and all prior or contemporaneous agreements and understandings relating thereto.  No change, modification, alteration or addition of or to any provision of this Agreement shall be binding unless in writing and executed by or on behalf of both parties by a duly authorized representative.  This Agreement may not be assigned by either party without the consent of the other party.  The undertakings herein shall be binding upon the parties and their respective affiliates, subsidiaries or successors.

Reverse Engineering:

Neither company shall reverse engineer hardware , software or any other such products of the other.

Term:

This Agreement shall be valid as of the Effective Date and shall remain in force for a period of three (3) years thereafter.  The recipient’s obligations concerning the confidentiality and non-disclosure of Confidential Information shall continue indefinitely after termination or expiration of this Agreement unless otherwise designated.

Injunctive Relief:

The parties acknowledge and agree that the unauthorized disclosure of Confidential Information may cause irreparable damage to the disclosing party.  Therefore, in addition to all other available remedies, a disclosing party shall be entitled to seek injunctive relief to remedy a threatened or actual unauthorized disclosure of Confidential Information

Independent Development: 

Each party understands that the receiving party may currently or in the future be developing information internally, or receiving information from other parties that may be similar to the furnishing party’s information.  Accordingly, nothing in this Agreement will be construed as a representation or inference that the receiving party will not develop products, or have products developed for it, that, without violation of this Agreement, compete with the products or systems contemplated by the furnishing party’s Confidential Information.

Governing Law and Venue:

This Agreement shall be governed by and construed under the laws of the Republic of Uganda, and both parties submit to the jurisdiction of and agree that any and all actions shall be brought exclusively in the courts sitting in Kampala, Uganda, carried out in English.

IN WITNESS WHEREOF the parties have executed this Agreement as of the Effective Date

 Infinity Computers and Communications Company Limitedthe other party

 

Signatures

 

 

 

  

 

 

 

Date:

   

 

Name:

   

 

Title:

   
 
 

Policies

Products purchased from infinitycomputers.co.ug may be refunded only if cancelled within the refund period specified below in this policy. Some products have different policies or requirements for a refund associated with them, including some products that are not eligible for a refund under any circumstance. Please see below for refund terms applicable to such products.

“Date of the transaction”, for the purpose of this Refund Policy, means the date of purchase of any product or service, which includes the date any renewal is processed by infinitycomputers.co.ug in accordance with the terms and conditions of the applicable product or service agreement.

“Refund Period”, you may cancel a product at any time, but a refund will only be issued if you request a refund with Infinity Computers’ helpdesk service within the refund time frame specified for the applicable product, if available at all.

No Refund After Account Closure. If eligible for a refund, it is necessary for you to request a refund prior to account closure. You may elect to close your account with us at any time, but upon account closure you will no longer be eligible for a refund as otherwise permitted under this Refund Policy.

Standard Refund Terms

Annual Plans+ – Within 30 days of the date of the transaction.

Monthly Plans*+ – Within 48 hours of the date of the transaction.

*Monthly Plans include all plans with less than a 1-year term (e.g., 6 mos., 9 mos., etc.)
+Security products with remediation service cannot be refunded once a cleanup request has been submitted._

Products with Special Refund Terms

Domain Name Registrations/Renewals

  1. Standard Terms
  • New Registration: 5 Days (120 Hours)
  • Manual Renewal: 5 days (120 Hours)

Expert Services

If an Expert Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Get Started Service

If a Get Started Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Infinity Computers IT Services

If IT Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

  • Annual Subscriptions: Non-refundable
  • Monthly Subscriptions: If one or more request(s) have been completed during the billing period, your monthly subscription is non-refundable.

Hosting Services

If a Hosting Service has already been performed, then it is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction).

Purchased Product with Free Domain

In the event any purchased product includes a free domain name, if you cancel the purchased product, the list price for the domain name will be deducted from the refund amount (the list price is the price of the domain name listed on Infinity Computers’ website and is not subject to any promotion, discount, or other reduction in price).

SEO Services

SEO Services is a 12-month commitment; in order to receive best results, you are expected to use the Services for the entire 12-month term.

For all SEO Services plans, you can cancel within 48 hours of the date of the transaction and receive a full refund for any remaining months in your committed term, to your original payment method. No refund will be issued for the prior months.

If you purchase a monthly plan and cancel more than 48 hours after the date of the transaction, you agree to pay for that current month of SEO Services, but Infinity Computers will not bill you for any future months. However, you will not be refunded the cost of the current or past months.

If you purchase a semiannual or annual plan and cancel more than 48 hours after the date of the transaction, you agree to pay for the current month of SEO Services and Infinity Computers will issue a 50% prorated refund to your original payment method for any remaining unused months.

Social Media Management

You can cancel Social Media Management at any time and we will not bill you for future months. However, you will not be refunded the cost of the present or past months since the service has already been performed. If you cancel Social Media Management and request a refund within 48 hours of initially purchasing or renewing, you can receive a full refund for that month of service. After 48 hours, however, you are responsible for paying for that month, but will not be billed for future months.

Trustee Fees

Trustee fees are refundable if the domain was not successfully registered. Trustee fees, however, are non-refundable upon renewal.

Website Design Services

Web Services: ‪30% cancellation fee when in progress, ‪70% cancellation fee when site design is delivered for review, non-refundable once first revision is completed. If not yet performed, eligible for a refund within 30 days of the date of the transaction. Once performance has begun, web service design is considered completed 180 days from the date of the transaction and will not be eligible for a refund thereafter.

Logo Design: ‪40% cancellation fee when in progress, non-refundable once artwork delivered. If not yet performed, eligible for a refund within 30 days of the date of the transaction. Once performance has begun, logo design is considered delivered 180 days from the date of the transaction and will not be eligible for a refund thereafter.

Website Makeover Services: ‪30% cancellation fee when in progress, ‪70% cancellation fee when site design is delivered for review, non-refundable once complete.

Website Care and Marketing Services: If you purchase Website Care or Marketing Services and Infinity Computers has completed 1 or more request(s), during the billing period, your subscription is non-refundable.

If no requests have been fulfilled with the Website Care or Website services, you are eligible for a refund as defined in the “Standard Refund Terms”:

  • Annual Plans – Within 30 days of the date of the transaction.
  • Monthly Plans (any plan with less than a 1-year term) – Within 48 hours of the date of the transaction.

Website Security

Refunds are only available within 30 days of purchase and will only be issued in cases where a manual malware removal was not completed.

WordPress Premium Support

Refunds may be granted if the plan is cancelled prior to the end of the billing cycle and none of the credits have been used. If a Service has already been performed during the month, then that month is non-refundable (if not yet performed, eligible for a refund within 30 days of the date of the transaction). Future unused months of the services may also be refunded if the plan is cancelled and a pre-payment was made.

Products Not Eligible for Refunds

  • Cloud Servers
  • Configuration Add-Ons
  • Discount Domain Club (if used for purchase)
  • Hosting Connection paid Apps (not refundable once set up)
  • Merchant Accounts
  • Office Max Bundles
  • Premium Domain Names
  • Redemption Fees
  • Transfers (if successful)
  • All Registrations or Renewals in the .ug domain are fully non-refundable:
 
  1. This policy is now in effect. See www.icann.org/udrp/udrp-schedule.htm for the implementation schedule.
  2. The policy is between the registrar (or other registration authority in the case of a country-code top-level domain) and its customer (the domain-name holder or registrant). Thus, the policy uses “we” and “our” to refer to the registrar and it uses “you” and “your” to refer to the domain-name holder.

Uniform Domain Name Dispute Resolution Policy

(As Approved by ICANN on October 24, 1999)

  1. Purpose. This Uniform Domain Name Dispute Resolution Policy (the “Policy”) has been adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the “Rules of Procedure”), which are available at https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en, and the selected administrative-dispute-resolution service provider’s supplemental rules.
  2. Your Representations. By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else’s rights.
  3. Cancellations, Transfers, and Changes. We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
  4. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
  5. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
  6. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

  1. Mandatory Administrative Proceeding.

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/en/dndr/udrp/approved-providers.htm (each, a “Provider”).

  1. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the event that a third party (a “complainant”) asserts to the applicable Provider, in compliance with the Rules of Procedure, that

(i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and

(ii) you have no rights or legitimate interests in respect of the domain name; and

(iii) your domain name has been registered and is being used in bad faith.

In the administrative proceeding, the complainant must prove that each of these three elements are present.

  1. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:

(i) circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or

(ii) you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or

(iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or

(iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant’s mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.

  1. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):

(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or

(ii) you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or

(iii) you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.

  1. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
  2. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the “Administrative Panel”).
  3. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
  4. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
  5. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
  6. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
  7. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
  8. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel’s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Who is database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel’s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
  9. All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
  10. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
  11. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
  12. Transfers During a Dispute.
  13. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
  14. Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
  15. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at <URL> at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration
 

This Privacy Policy describes our policies on the collection, use and disclosure of your information in connection with your use of our websites, emails, services, platforms, and mobile applications (collectively, “Site” or “Sites”). When used herein, the terms “we”, “us” and “our” refer to Infinity Computers.

By visiting this or another Infinity Computers website displaying this Privacy Policy or a link thereto (a “Website”, or collectively the “Websites”), or by otherwise interacting with i3c.co.ug, you agree to accept the practices described in this Privacy Policy. This Privacy Policy is further subject to the Infinity Computers Services Agreement related to the services you utilize and/or purchase from Infinity Computers.

When this Privacy Policy uses the term “personal information,” we mean any data that relates to an identifiable individual, including;

  • Name
  • Address
  • Payment details
  • Email address
  • Telephone number
  • Date of birth
  • Billing and payment information
  • Candidate information (for job applicants)
  • Other data collected that could directly or indirectly identify you.

The specific data we collect is described in this policy. Please note that we do not sell your personal data, and only use it for the purposes outlined herein.

The information We Collect.

  • Contact Information.

We collect and retain personal contact information that you submit to us voluntarily in ordering or otherwise signing up for our products and services or any mailing lists. This includes your name, mailing address, web address, telephone number, and e-mail address. Additionally, we collect contact information provided to us during any communication with customer support (helpdesk), as well as in connection with products and services offered on our Websites.

  • Financial Information.

We collect and retain financial and payment information you provide when you order our products and services. For example, when you register a domain name we require you to provide a credit card number or mobile money number before we can process that registration.

  • Account and Order Information.

We collect and retain information regarding your selection and use of our Sites and services. This includes your order, billing and renewal history, along with other related transactional and account information.

  • Access Information.

We collect and retain information about the device with which you access and use our Sites and other information on your use of the Websites, such as the domain name, Internet Service Provider, browser type and version, pages viewed, information accessed, and the Internet Protocol (IP) address you use to connect to the Internet. We also collect information in relation to Cookies, and for more information, please review our Cookies Policy.

  • Demographic Information.

We may collect and store demographic information (such as your zip code, gender, and date of birth), and use this data to tailor your experience on our websites, ensure you are at least 18 years of age to make purchases, provide content that we think you might be interested in, perform general improvements to the Websites, and display the content according to your preferences. Such demographic information may be shared with partners, market researchers and other third parties on an aggregate, non-personally identifiable basis. No personally identifiable information will be linked to such aggregated demographic information that is shared with third parties.

How We Use Your Personal Data.

  • To Perform Our Contract with You.

We use this information to perform our contract with you and fulfil your requests, such as:

  • Sending you requested service information;
  • Fulfilling your orders;
  • Billing for services provided;
  • Responding to customer service requests, questions and concerns; and
  • Administering your account.

Note that, generally, you may not opt-out of these communications, which are transactional and not promotional in nature. If you do not wish to receive them, you have the option to cancel your services with us or otherwise stop using our Sites and Websites.

We also engage other companies, individuals, and affiliates of Infinity Computers to perform certain functions and services for you. These third parties could provide functions such as; processing of credit card payments, providing marketing assistance and removal of duplicate information from customer lists.

  • To Contact You.

If you have given your consent to send you emails, call or SMS marketing, or if you have provided us with your postal address, we will use the personal data you give to us to contact you from time to time. If you register on the Site, you can choose to provide your consent to receive marketing communications by e-mail, phone call (including use of automated dialing equipment and/or pre-recorded calls), text (SMS) message, social networks or any other means of communication that your device may be capable of receiving. If you do not want to receive postal or electronic communications, you may withdraw your consent at any time, by clicking the link in a communication, or emailing us using the address provided below.

Email: info@i3c.co.ug
Call: +256 312 301 800

  • To Protect Our Sites and Our Business.

 We monitor use of the Sites and we use the collected information, including personal data, to pursue our legitimate interests in protecting you, others and the Sites by:

  • identifying fraudulent activities and transactions;
  • preventing abuse of the Sites and investigating and/or seeking prosecution for any potential threats to or misuse of the Sites;
  • ensuring compliance with the applicable terms of service and this Privacy Policy;
  • investigating violations of or enforcing these agreements; and
  • otherwise protecting the rights and property of Infinity Computers, its partners, and customers.
  • To Improve Our Sites and Services.

In order to pursue our legitimate interest in improving our Sites, we also use personal data to conduct research and analysis;

  • to identify what services, you and other customers like you need;
  • to better understand how people interact with our websites to provide communications about products which we think will be of interest to you; and
  • to determine the effectiveness of promotional campaigns and advertising.

Whenever we process data for these purposes we will ensure that we always keep your personal data rights in high regard and take account of these rights. You have the right to object to this processing if you wish and if so, please click here to update your communication preferences. Please note, if you object this may affect our ability to carry out tasks above for your benefit.

  • To Provide Required Information to ICANN.

For any domain name registrars owned and/or operated by Infinity Computers, ICANN requires us to make certain information, collected in connection with the registration of a domain name, available to the public via an interactive web page and a “port 43” WHOIS service. This includes full name, mailing address, phone number, email address, and fax number (when provided), as well as the creation and expiration dates of your domain name registration and the nameserver information associated with your domain name (“WHOIS Information”). This does not involve the demographic, financial or Internet usage information listed above. Please note that we do not control how members of the public may use the WHOIS Information. For the avoidance of doubt, and in order to comply with certain applicable laws or other privacy requirements, we reserve the right to mask your personally identifiable information as needed, including but not limited to, masking data published to the WHOIS database.

How Long We Keep Your Personal Data.

We keep information as long as needed to provide you with our Sites and services, manage our business, or as otherwise required by law or contract. For example, where you have a contract with us, we will retain your data for the length of the contract, and will further retain that information for a time period consistent with our legal or regulatory responsibilities after the termination or expiration of your services with us in order to allow us to resolve disputes, enforce our relevant Service Agreement, and to adhere to the technical and legal requirements and constraints related to the security, integrity and operation of the Sites. If you have any questions about how long we will keep your specific data, please contact privacy@i3c.co.ug

Who We Share Your Personal Data with.

We provide your personal data to companies that help us with our business activities (e.g. assisting us in Site operations, providing customer service, etc.) or that assist us in improving our products, content, services or advertising. These companies are authorized to use your personal data only as necessary to provide these services.

We will also share your personal data:

  • As required by law, court order or other government or law enforcement authority or regulatory agency (including ICANN) in order to enforce or apply our Services Agreement or other agreements;
  • When we believe that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud or respond to a government request. This includes exchanging information with law enforcement, other companies and organizations for fraud protection, credit risk reduction or other similar purposes;
  • In connection with a corporate change including a merger, acquisition, transfer or sale of assets or in connection to insolvency, bankruptcy or receivership. Information about our users, including customer information, will also need to be disclosed to our legal and financial advisors, investors or potential buyer in some commercial transactions seeking financing, investment or support or funding;
  • To any other third party where we have your prior informed consent to do so; and
  • To other entities belonging to Infinity Computers (i.e. any companies directly or indirectly controlled by Infinity Computers). A list of our companies is included here including their vendors, suppliers, contractors and agents, which may be involved in the provision of the Website or the content, so that we can better serve you or, simply, to give response to your requests (e.g. when you use contact us forms).

Where we transfer your personal information.

If you utilize our Services from a country other than the country where our servers are located, your personal information may be transferred across international borders, which will only be done when necessary for the performance of our contract with you, when we have your consent to do so, or subject to the appropriate standard contractual clauses. Also, when you call us or initiate a chat, we may provide you with support from one of our global locations outside your country of origin.

How we secure, store and retain your data.

We follow generally accepted standards to store and protect the personal information we collect, both during transmission and once received and stored, including utilization of encryption where appropriate. We work to protect the security of your financial information during transmission by using Secure Sockets Layer (“SSL”) software, which encrypts the information you input on the Site. However, no method of transmission over the Internet or method of electronic storage is completely secure and we cannot guarantee its absolute security. You can further help to ensure your security by taking a few simple precautions. For instance, it is important to protect against unauthorized access to your computer and to any Infinity Computers username and password, and to be sure to sign off when you are finished using a shared computer.

We retain personal information only for as long as necessary to provide the Services you have requested and thereafter for a variety of legitimate legal or business purposes. These might include retention periods:

  • mandated by law, contract or similar obligations applicable to our business operations;
  • for preserving, resolving, defending or enforcing our legal/contractual rights; or
  • needed to maintain adequate and accurate business and financial records.

If you have any questions about the security or retention of your personal information, you can contact us at privacy@i3c.co.ug.

How you can access, update or delete your data.

To easily access, view, update, delete or port your personal information, or to update your subscription preferences, please sign into your Account and visit “Account Settings.”

If you make a request to delete your personal information and that data is necessary for the products or services you have purchased, the request will be honoured only to the extent it is no longer necessary for any Services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements.

If you are unable for any reason to access your Account Settings, you may also contact us by one of the methods described in the “Contact Us” section below.

INFINITY COMPUTERS is responsible for the processing of personal information it receives, under each Privacy Shield Framework, and subsequently transfers to a third party acting as an agent on its behalf. INFINITY COMPUTERS complies with the Privacy Shield Principles for all onward transfers of personal information from the EU and Switzerland, including the onward transfer liability provisions.

INFINITY COMPUTERS has further committed to cooperate with the panel established by the EU data protection authorities (DPAs) and the Swiss Federal Data Protection and Information Commissioner (FDPIC) with regard to unresolved Privacy Shield complaints concerning human resources data transferred from the EU and Switzerland in the context of the employment relationship.

‘Do Not Track’ notifications.

Some browsers allow you to automatically notify websites you visit not to track you using a “Do Not Track” signal. There is no consensus among industry participants as to what “Do Not Track” means in this context. Like many websites and online services, we currently do not alter our practices when we receive a “Do Not Track” signal from a visitor’s browser.

Age restrictions.

Our Services are available for purchase only for those over the age of 18. Our Services are not targeted to, intended to be consumed by or designed to entice individuals under the age of 18. If you know of or have reason to believe anyone under the age of 18 has provided us with any personal information, please contact us per the instructions below.

Non-Discrimination.

We will not discriminate against you for exercising any of your privacy rights. Unless permitted under applicable laws, we will not:

  • Deny you goods or services.
  • Charge you different prices or rates for goods or services, including through granting discounts or other benefits, or imposing penalties.
  • Provide you a different level or quality of goods or services.
  • Suggest that you may receive a different price or rate for goods or services or a different level or quality of goods or services.

Changes to this policy.

We reserve the right to modify this Privacy Policy at any time. If we decide to change our Privacy Policy, we will post those changes to this Privacy Policy and any other places we deem appropriate, so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If we make material changes to this Privacy Policy, we will notify you here, by email, or by means of a notice on our home page, at least thirty (30) days prior to the implementation of the changes.

Contact us.

If you have any questions, concerns, or complaints about our Privacy Policy, or how we handle your personal data, you may contact our Office of the Data Protection Officer by email at privacy@i3c.co.ug. In the alternative, you may contact us by either of the following means:

  • By Mail: Attn: Data Protection Officer, Plot 6B Windsor Loop, Kitante – Kampala – P.O Box 12510, Kampala – Uganda.
  • By Phone: +256 31 230 1800
  • We will respond to all requests, inquiries or concerns within thirty (30) days.

If you are not satisfied with our response, you may direct privacy complaints to your local data protection authority. INFINITY COMPUTERS is the data controller for www.i3c.co.ug

Last revised 24th August 2021
Use of Cookies on our Site.

First of all, we do not sell your personal data.

However, we do use cookies to collect information about your online preference. Cookies are small pieces of information sent by a web server to a web browser which allows the server to uniquely identify the browser on each page.

By using our sites you agree to the use of cookies.

You can manage your cookie preferences by emailing privacy@i3c.co.ug to ask for special exclusion from use of cookies on our websites.

You can opt out of each cookie category as defined below, except strictly necessary cookies.

Cookies will be managed on a brand-by-brand basis at the site level.

This means if you manage your cookie preferences for one I3c.co.ug brand, you will need to manage your preferences separately when you visit a different I3c.co.ug brand’s site.

You can also manage your cookies at an internet browser level, and there is more information about that below. We use the following categories of cookies on our Site:

Category 1: Strictly Necessary Cookies. These cookies are essential in order to enable you to move around the Site and use its features. Without these cookies, services you have asked for such as remembering your login details cannot be provided.

Category 2: Performance Cookies. These cookies collect anonymous information on how people use our Site.

These cookies help us understand how customers arrive at our Site, browse or use our site and highlight areas where we can improve.

Areas such as navigation, customer experience and marketing campaigns.

Category 3: Functionality Cookies. These cookies remember choices you make such as the country you visit our website from, language and search parameters.

These can then be used to provide you with an experience that matches you’re your selections and to make the visits more tailored and pleasant.

Category 4: Targeting cookies or advertising cookies. These cookies collect information about your browsing habits in order to make advertising more relevant to you and your interests. They are also used to limit the number of times you see an advert as well as help measure the effectiveness of an advertising campaign.

The cookies are usually placed by third party advertising networks. They remember the websites you visit and that information is shared with other parties such as advertisers.

Category 5: Social Media Cookies. These cookies allow you to share what you’ve been doing on the Site on social media such as Facebook and Twitter.

These cookies are not within our control. Please refer to the respective privacy policies for how their cookies work.

You can change your cookie settings with each of various internet browsers. If you want to delete any cookies that are already on your computer, please refer to the help and support area on your internet browser for instructions on how to locate the file or directory that stores cookies.

Please note that by deleting our cookies or disabling future cookies you may not be able to access certain areas or features of our site.

 

Contact Us.

If you have any questions or comments regarding this Cookie Policy, please contact: privacy@i3c.co.ug.

The personal data included in any question or comment directed to us will be processed in accordance with our Privacy Policy.

Last Revised: 18/08/2021
Respecting Intellectual Property

Infinity Computers (i3c.co.ug) supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Infinity Computers is committed to helping you protect your legal rights. Therefore, we have established the following policies for considering trademark and/or copyright infringement claims.

Domain Name Dispute Claims

Please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”) if you have a concern or dispute about a registered domain name. Any dispute regarding the registration of domain names will need to be sent either to the registrant, to an ICANN-approved arbitration provider, or the court system.

This Trademark/Copyright Infringement policy specifically excludes domain name disputes and has been established to allow reporting of possible violations involving other Infinity Computers products and services.

Infinity Computers Auctions and Premium Domain Name Dispute Claims

  1. To notify Infinity Computers that there has been a trademark violation regarding a domain offered for sale on Infinity Computers Auctions or as a Premium Domain Name, please follow the specific instructions in (A) below for filing a trademark claim.
  2. If you are responding to a complaint of infringement regarding a domain offered for sale on Infinity Computers Auctions or as a Premium Domain Name, follow our Counter Notification Policy in (C) below.

Copyright and Trademark Claims

  1. To notify Infinity Computers that there has been a copyright or trademark violation, please follow the specific instructions in (A) for filing a trademark claim, or (B) filing a copyright complaint.
  2. If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
  1. Trademark Claims
  1. If you (the “Complaining Party”) would like to submit a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark (registered with the Uganda Registration Services Bureau), Infinity Computers requests that the Complaining Party substantiate such claim by either providing the following information via email to support@i3c.co.ug. The words “Trademark Claim” should appear in the subject line of the email.To be considered effective, a notification of a claimed trademark violation must include the following information:
  • The trademark, service mark, trade dress, name, or other indicia of origin (“mark”) that is claimed to be infringed, including registration number.
  • The jurisdiction or geographical area to which the mark applies.
  • The name, post office address and telephone number of the owner of the mark identified above.
  • The goods and/or services covered by or offered under the mark identified above.
  • The date of first use of the mark identified above.
  • The date of first use in interstate commerce of the mark identified above.
  • A description of the manner in which the Complaining Party believes its mark is being infringed upon.
  • Sufficient evidence that the owner of the website that is claimed to be infringing is an Infinity Computers customer.
  • The precise location of the infringing mark, including electronic mail address, etc.
  • A good faith certification, signed under penalty of perjury, stating:
      1. The content of the website [identify website] infringes the rights of another party,
      2. The name of such said party,
      3. The mark [identify mark] being infringed, and
      4. That use of the content of the website claimed to be infringing at issue is not defensible.
  1. Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Infinity Computers will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Infinity Computers is investigating the claim, Infinity Computers, at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from Infinity Computers Auctions, notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on an Infinity Computers server, temporarily remove or deny access to the allegedly infringing material.
  2. If Infinity Computers concludes that the Complaining Party has raised a legitimate trademark claim, it may, at its sole discretion and without any legal obligation to do so, permanently remove the challenged material from Infinity Computers Auctions, continue to suspend the alleged infringer’s Infinity Computers account and/or if it is solely stored on an Infinity Computers server, deny access to the allegedly infringing material. If Infinity Computers concludes that the Complaining Party has not raised a legitimate claim, Infinity Computers will restore access to the allegedly infringing material.
  3. The Complaining Party should understand that Infinity Computers, an ICANN accredited registrar, and its customers are bound by the UDRP. Nothing in this Policy should be construed to supersede the UDRP, nor the obligation of Infinity Computers and its customers to abide by it in the context of domain name disputes.
  1. Copyright Claims
  1. If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Infinity Computers requests that the Complaining Party substantiate such claim by providing the following information via email to: support@i3c.co.ug. The words “Copyright Claim” should appear in the subject line of the email. A copyright claim can also be submitted by mail to: P.O Box 12510 – KampalaTo be considered effective, a notification of a claimed copyright infringement must be provided to Infinity Computers and must include the following information:
    1. An electronic signature of the copyright owner, or a person authorized to act on behalf of the owner, of an exclusive copyright that has allegedly been infringed.
    2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works on that site.
    3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit Infinity Computers to locate the material.
    4. Information reasonably sufficient to permit Infinity Computers to contact the Complaining Party, such as an address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted.
    5. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
    6. A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is the owner, or is authorized to act on behalf of the owner, of an exclusive right that is allegedly infringed.
  2. For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Infinity Computers will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Infinity Computers is investigating the claim, Infinity Computers, at its sole discretion and without any legal obligation to do so, may notify the alleged infringer it will lock down the domain name(s), redirect the DNS, and/or if it is solely stored on an Infinity Computers server, temporarily remove or deny access to the allegedly infringing material.
  3. If Infinity Computers concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer’s Infinity Computers account and/or if it is solely stored on an Infinity Computers server, deny access to the allegedly infringing material. If Infinity Computers concludes that the Complaining Party has not raised a legitimate claim, Infinity Computers will restore access to the allegedly infringing material.
  1. Counter-Notification Policy
  1. Counter-Notification. If you have received a notice of copyright or trademark infringement that you wish to challenge based on a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled, you may provide Counter Notification by emailing support@i3c.co.ug and including the following:
    1. An electronic signature of the alleged infringer.
    2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled.
    3. A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
    4. The alleged infringer’s name, address, and telephone number, and a statement that the Infringer consents to the jurisdiction of the Federal District Court for the judicial district of Arizona, or if the alleged infringer’s address is outside of Uganda, for any judicial district in which Infinity Computers may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.
  1. Upon receipt of a Counter Notification, as described in Section 1 above, Infinity Computers shall promptly provide the Complaining Party with a copy of the Counter Notification, and inform such Party that it will replace the removed material or cease disabling access to it in ten (10) business days. Infinity Computers will replace the removed material and cease disabling access to it in not less than ten (10), nor more than fourteen (14), business days following receipt of the Counter Notification, unless Infinity Computers first receives notice from the Complaining Party that such Complaining Party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on Infinity Computers’ system or network.
  1. Repeat Infringers

It is Infinity Computers’ policy to provide for the termination, in appropriate circumstances, of Infinity Computers customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property.

 
 

Infinity Computers and Communications Company (I3C) offers a full suite of information technology products and services.

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IT products

Telecom services

Contact Info

  • 6B Windsor Loop Rd, Kampala
  • +256 312 301 800
  • info@i3c.co.ug

IT products

Telecom services

Hosting and Domain services

Cloud solutions

Power and renewable energy

  • Power backups
  • Smart power
  • Solar systems
  • 6B Windsor Loop Rd, Kampala
  • +256 312 301 800
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