Legal

This Agreement (and all other documents referenced herein) is entered into by TWELVE INKS 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
Twelve Inks will provide Customer with access, maintenance and related hosting services (“Hosting Services”) to the Software installed on our servers and other equipment (the “TWELVE INKS 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 TwelveInks Computer’s System by accessing it through a password-protected Web site made available by TwelveInks . 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
Twelve Inks will provide live telephone/email/social media support to Customer twenty four hours a day, seven days a week by a trained TwelveInks ’ customer support representative.

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 Twelve Inks System through the Internet. Customer agrees to notify Twelve Inks 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 Twelve Inks System is only to be used for lawful purposes. Customer agrees not to transmit, re-transmit or store materials on or through the Twelve Inks System or the Software that are harmful to the Twelve Inks 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, Twelve Inks 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 Twelve Inks System, nor shall Customer use, or authorize others to use, the Software, Hosting Services or the Twelve Inks System to operate a service bureau. Notwithstanding the preceding sentence, Customer shall be permitted to provide access to the Twelve Inks System to its employees and agents located worldwide.

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 Twelve Inks System are and shall remain the exclusive property of Twelve Inks and its licensors. Twelve Inks acknowledges and agrees that the Online Messages are the property of Customer and that Twelve Inks has only a limited right to use the Online Messages as set forth in the following sentence. Notwithstanding the foregoing, Twelve Inks 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.

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), Twelve Inks 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 TwelveInks ’ net income).

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

Payment received by Twelve Inks 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, Twelve Inks 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.

LIMITED WARRANTIES; DISCLAIMER OF WARRANTIES
Twelve Inks warrants and represents to Customer that (i) the Software will perform substantially in accordance with the documentation, if any, provided by Twelve Inks 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 TwelveInks ’ 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:

an error in the Software, or
failure of the Twelve Inks System (but not including problems associated with Internet connectivity).
Downtime begins upon Customer notification to Twelve Inks of the interruption, either by speaking directly with a customer service representative from Twelve Inks or by sending email to support@twelveinks.com , 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, TwelveInks ’ sole and exclusive liability shall be at TwelveInks ’ option to remedy the software through, or replacement of the Software.

THE FOREGOING CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND TwelveInks ’ 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 TWELVE INKS SYSTEM ARE MADE AVAILABLE, BY TWELVE INKS TO CUSTOMER “AS IS,” AND TWELVE INKS AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE HOSTING SERVICES, THE SOFTWARE OR THE TWELVE INKS 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, Twelve Inks does not warrant that the Software, the Twelve Inks System or the Hosting Services will meet Customer’s requirements, or that Customer’s access to and use of the Software, the Twelve Inks System or the Hosting Services will be uninterrupted or free of errors or omissions.
Twelve Inks 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. Twelve Inks will use commercially reasonable efforts to adequately maintain, and upgrade as necessary, the Twelve Inks System to provide the Hosting Services to its customers.

However, except as expressly set forth herein, Twelve Inks 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 TwelveInks ’ reasonable control.

LIMITATION OF LIABILITY
EXCLUDING LIABILITY FOR INFRINGEMENT CLAIMS AS DISCUSSED IN SECTION 9 OF THIS AGREEMENT, IN NO EVENT SHALL TWELVE INKS 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 TWELVE INKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TwelveInks ’ 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.

INDEMNIFICATION
Subject to the limitations set forth in this Section 9, Twelve Inks 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 Twelve Inks System infringes any valid UGANDAN patent, copyright, trade secret or other proprietary right, and Twelve Inks 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 Twelve Inks System in violation of this Agreement or in combination with any other software or hardware, or any modification to the Software or Twelve Inks System pursuant to Customer’s specifications.

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

procure for Customer the right to continue using such Software or the Twelve Inks System, or replace or modify the Software or the Twelve Inks 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 Twelve Inks of any such claim(s);
Twelve Inks having sole control of the defense or settlement of the claim; and
at TwelveInks ’ request and expense, Customer cooperating in the investigation and defense of such claim(s). THE FOREGOING STATES TwelveInks ’ ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.
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, Twelve Inks shall immediately cease providing all Hosting Services, and Customer shall no longer have access to the Software or the Twelve Inks System. Except in the event of termination for Customer’s breach, Twelve Inks shall provide Customer with an electronic copy of the final Reports (covering the month just prior to termination of this Agreement). Twelve Inks 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 Twelve Inks 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.

CUSTOMER REFERENCES
Customer agrees that, during the term of this Agreement, Twelve Inks may reference Customer in TwelveInks ’ customer listings and may place Customer’s name and logo on TwelveInks ’ Web site and in collateral marketing materials relating to TwelveInks ’ products and services. Customer hereby grants Twelve Inks 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 TwelveInks . With these limited exceptions, Twelve Inks 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.

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 Twelve Inks 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 TWELVE INKS 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

Twelve Inks will provide Customer with access, maintenance and related hosting services (“Hosting Services”) to the Software installed on our servers and other equipment (the “TWELVE INKS 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 TwelveInks Computer’s System by accessing it through a password-protected Web site made available by TwelveInks . 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
Twelve Inks will provide live telephone/email/social media support to Customer twenty four hours a day, seven days a week by a trained TwelveInks ’ customer support representative.

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 Twelve Inks System through the Internet. Customer agrees to notify Twelve Inks 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 Twelve Inks System is only to be used for lawful purposes. Customer agrees not to transmit, re-transmit or store materials on or through the Twelve Inks System or the Software that are harmful to the Twelve Inks 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, Twelve Inks 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 Twelve Inks System, nor shall Customer use, or authorize others to use, the Software, Hosting Services or the Twelve Inks System to operate a service bureau. Notwithstanding the preceding sentence, Customer shall be permitted to provide access to the Twelve Inks System to its employees and agents located worldwide.

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 Twelve Inks System are and shall remain the exclusive property of Twelve Inks and its licensors. Twelve Inks acknowledges and agrees that the Online Messages are the property of Customer and that Twelve Inks has only a limited right to use the Online Messages as set forth in the following sentence. Notwithstanding the foregoing, Twelve Inks 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.

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), Twelve Inks 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 TwelveInks ’ net income).

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

Payment received by Twelve Inks 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, Twelve Inks 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.

LIMITED WARRANTIES; DISCLAIMER OF WARRANTIES
Twelve Inks warrants and represents to Customer that (i) the Software will perform substantially in accordance with the documentation, if any, provided by Twelve Inks 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 TwelveInks ’ 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:

an error in the Software, or
failure of the Twelve Inks System (but not including problems associated with Internet connectivity).
Downtime begins upon Customer notification to Twelve Inks of the interruption, either by speaking directly with a customer service representative from Twelve Inks or by sending email to support@twelveinks.com , 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, TwelveInks ’ sole and exclusive liability shall be at TwelveInks ’ option to remedy the software through, or replacement of the Software.

THE FOREGOING CONSTITUTES CUSTOMER’S SOLE AND EXCLUSIVE REMEDY, AND TwelveInks ’ 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 TWELVE INKS SYSTEM ARE MADE AVAILABLE, BY TWELVE INKS TO CUSTOMER “AS IS,” AND TWELVE INKS AND ITS SUPPLIERS MAKE NO WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, REGARDING THE HOSTING SERVICES, THE SOFTWARE OR THE TWELVE INKS 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, Twelve Inks does not warrant that the Software, the Twelve Inks System or the Hosting Services will meet Customer’s requirements, or that Customer’s access to and use of the Software, the Twelve Inks System or the Hosting Services will be uninterrupted or free of errors or omissions.
Twelve Inks 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. Twelve Inks will use commercially reasonable efforts to adequately maintain, and upgrade as necessary, the Twelve Inks System to provide the Hosting Services to its customers.

However, except as expressly set forth herein, Twelve Inks 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 TwelveInks ’ reasonable control.

LIMITATION OF LIABILITY
EXCLUDING LIABILITY FOR INFRINGEMENT CLAIMS AS DISCUSSED IN SECTION 9 OF THIS AGREEMENT, IN NO EVENT SHALL TWELVE INKS 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 TWELVE INKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TwelveInks ’ 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.

INDEMNIFICATION
Subject to the limitations set forth in this Section 9, Twelve Inks 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 Twelve Inks System infringes any valid UGANDAN patent, copyright, trade secret or other proprietary right, and Twelve Inks 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 Twelve Inks System in violation of this Agreement or in combination with any other software or hardware, or any modification to the Software or Twelve Inks System pursuant to Customer’s specifications.

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

procure for Customer the right to continue using such Software or the Twelve Inks System, or replace or modify the Software or the Twelve Inks 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 Twelve Inks of any such claim(s);
Twelve Inks having sole control of the defense or settlement of the claim; and
at TwelveInks ’ request and expense, Customer cooperating in the investigation and defense of such claim(s). THE FOREGOING STATES TwelveInks ’ ENTIRE LIABILITY FOR INFRINGEMENT CLAIMS.
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, Twelve Inks shall immediately cease providing all Hosting Services, and Customer shall no longer have access to the Software or the Twelve Inks System. Except in the event of termination for Customer’s breach, Twelve Inks shall provide Customer with an electronic copy of the final Reports (covering the month just prior to termination of this Agreement). Twelve Inks 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 Twelve Inks 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.

CUSTOMER REFERENCES
Customer agrees that, during the term of this Agreement, Twelve Inks may reference Customer in TwelveInks ’ customer listings and may place Customer’s name and logo on TwelveInks ’ Web site and in collateral marketing materials relating to TwelveInks ’ products and services. Customer hereby grants Twelve Inks 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 TwelveInks . With these limited exceptions, Twelve Inks 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.

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 Twelve Inks 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.

Products purchased from www.twelveinks.com 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 www.twelveinks.com 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 TwelveInks ’ 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

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).

Twelve Inks 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 TwelveInks ’ 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 Twelve Inks 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 Twelve Inks 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 Twelve Inks 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.

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

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

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

WHEREAS, TWELVE INKS 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 Twelve Inks 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 Twelve Inks 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.

Respecting Intellectual Property

Twelve Inks (twelveinks.com ) supports the protection of intellectual property. Whether you are the holder of a trademark, service mark, or copyright, Twelve Inks 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 Twelve Inks products and services.

Twelve Inks Auctions and Premium Domain Name Dispute Claims

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

To notify Twelve Inks 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.
If you are responding to a complaint of infringement, you will need to follow our Counter Notification policy in (C).
Trademark Claims
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), Twelve Inks requests that the Complaining Party substantiate such claim by either providing the following information via email to support@twelveinks.com . 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 Twelve Inks customer.
The precise location of the infringing mark, including electronic mail address, etc.
A good faith certification, signed under penalty of perjury, stating:
The content of the website [identify website] infringes the rights of another party,
The name of such said party,
The mark [identify mark] being infringed, and
That use of the content of the website claimed to be infringing at issue is not defensible.
Upon receipt of the appropriate information identified in Section 1 above, for trademark claims, Twelve Inks will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Twelve Inks is investigating the claim, TwelveInks , at its sole discretion and without any legal obligation to do so, may temporarily remove the allegedly infringing material from Twelve Inks 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 Twelve Inks server, temporarily remove or deny access to the allegedly infringing material.
If Twelve Inks 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 Twelve Inks Auctions, continue to suspend the alleged infringer’s Twelve Inks account and/or if it is solely stored on an Twelve Inks server, deny access to the allegedly infringing material. If Twelve Inks concludes that the Complaining Party has not raised a legitimate claim, Twelve Inks will restore access to the allegedly infringing material.
The Complaining Party should understand that TwelveInks , 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 Twelve Inks and its customers to abide by it in the context of domain name disputes.
Copyright Claims
If the Complaining Party would like to submit a copyright claim for material on which you hold a bona fide copyright, Twelve Inks requests that the Complaining Party substantiate such claim by providing the following information via email to: support@twelveinks.com . 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 Twelve Inks and must include the following information:
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.
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.
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 Twelve Inks to locate the material.
Information reasonably sufficient to permit Twelve Inks 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.
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.
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.
For Copyright Claims, upon receipt of appropriate notification from the Complaining Party, pursuant to Section 1 of Copyright Claims above, Twelve Inks will initiate an investigation and forward the Complaining Party’s written notification to the alleged infringer. While Twelve Inks is investigating the claim, TwelveInks , 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 Twelve Inks server, temporarily remove or deny access to the allegedly infringing material.
If Twelve Inks concludes that the Complaining Party has raised a legitimate copyright claim, it will continue to suspend the alleged infringer’s Twelve Inks account and/or if it is solely stored on an Twelve Inks server, deny access to the allegedly infringing material. If Twelve Inks concludes that the Complaining Party has not raised a legitimate claim, Twelve Inks will restore access to the allegedly infringing material.
Counter-Notification Policy
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@twelveinks.com and including the following:
An electronic signature of the alleged infringer.
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.
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.
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 Twelve Inks may be found, and that the alleged infringer will accept service of process from the Complaining Party or an agent of such Party.
Upon receipt of a Counter Notification, as described in Section 1 above, Twelve Inks 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. Twelve Inks 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 Twelve Inks 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 TwelveInks ’ system or network.
Repeat Infringers
It is TwelveInks ’ policy to provide for the termination, in appropriate circumstances, of Twelve Inks customers and account holders who repeatedly violate this policy or are repeat infringers of copyrighted works, trademarks, or any other intellectual property.

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 TwelveInks.

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

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 Twelve Inks 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@twelveinks.com
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 TwelveInks, 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 TwelveInks, 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@twelveinks.com

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 Twelve Inks (i.e. any companies directly or indirectly controlled by TwelveInks ). 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 Twelve Inks 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@twelveinks.com .

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.

TWELVE INKS 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. TWELVE INKS complies with the Privacy Shield Principles for all onward transfers of personal information from the EU and Switzerland, including the onward transfer liability provisions.

TWELVE INKS 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@twelveinks.com . 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. TWELVE INKS is the data controller