I. General terms and conditions

§ 1 Basic provisions

(1) The following terms and conditions apply to all contracts that you conclude with us as a provider (Vgbots Proprietary Limited) via the website vgbots.website or other means of distance communication. Unless otherwise agreed, the inclusion may be included contradicts your own conditions used by you.

(2)A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that are predominantly neither commercial nor their independent professional activity. An entrepreneur is any natural or legal person or a legal partnership who, when concluding a legal transaction, acts in their independent professional or commercial activity.

§ 2 Registration as a customer

(1) To book and use our services, registration as a customer is required. This is free of charge and does not lead to any obligations.

(2)As part of the registration process, a customer account will be set up under your specified email address and the password you have chosen.

(3) After submitting the registration, you will receive a confirmation link by email to activate your account. The login data must be kept secret. The customer account is not transferable.

§ 3 Conclusion of the contract

(1) We provide you with various Internet services, in particular web hosting, server hosting and domains. The scope of services results from the service package you have booked and the service description given on our website.

(2)As soon as the respective service offer is posted on our website, we are submitting a binding offer to conclude a contract under the conditions specified in the service description.

(3) The contract is concluded via the online ordering system as follows (login to your customer account required):

You can use the corresponding button in the navigation bar to select and configure the service you want to book and call up the online ordering process for this. After clicking the "Next step" button, you can select the payment method you want. Finally, all order data is displayed here as an order overview. Before submitting the order, you have the option here to check all the details again, to change them (also via the "back" function of the Internet browser) or to cancel the order. By submitting the order using the "Order with obligation to pay" button, you are declaring your legally binding acceptance of the offer, whereby the contract is concluded.

(4) Your inquiries to prepare an offer are non-binding for you. We will make you a binding offer in text form (e.g. by email), which you can accept within 5 days.

(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract is partially automated by e-mail. You must therefore ensure that the e-mail address you have stored with us is correct, that the receipt of e-mails is technically ensured and, in particular, is not prevented by SPAM filters.

§ 4 Provision of services for web hosting and server hosting, obligations

(1)Our performance obligations result from the service description of the respective web hosting or server hosting offer.

The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within 1 - 3 days after the time of your payment instruction.

(2)Insofar as we grant you full and sole administration rights on the provided servers within the framework of server hosting, you are solely responsible for the administration and security of your server. You are obliged to install the necessary security software, to keep yourself informed about security gaps that become known and to close them independently. The installation of maintenance programs or other software that we make available or recommend does not release you from this obligation.

(3)If we provide programs, you will receive a non-exclusive right to use the programs provided for the duration of the contract. You are obliged to comply with the respective license terms.

(4)You are also obliged to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties are not endangered. In particular, you are prohibited from using the server for sending SPAM mails and (d) DOS attacks or operating open mail relays and other systems on the server via the SPAM mails and (d) DOS attacks can be spread. In the event of violations, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.

(5)You are not entitled to have the same IP address assigned to the server for the entire term of the contract. We reserve the right to change this if technically or legally necessary and to assign you a new IP address in this context.

(6) We reserve the right to adapt the hardware and software used to provide the services to the current state of the art and to notify you in good time of any additional requirements that may result from this for the content stored by you on our servers. We undertake to make such adjustments only to a reasonable extent and taking your interests into account.

(7)We provide our services with an availability of 99% on a monthly average, as long as no other availability is shown in the respective service offer. This includes downtime due to regular or sporadic maintenance. This does not apply to times when the server cannot be reached due to technical or other problems that are beyond our control (force majeure, fault of third parties, etc.).

§ 5 Domain Management

(1)When procuring and / or maintaining domains, we only act as an intermediary between you and the registry. We owe the creation and transmission of an application for registration of the domains you want, which has been completely filled out in accordance with the specifications of the respective registration office (e.g. BOCRA). A guarantee for the transfer, the allocation or the permanent existence of domains in your favor cannot be given, in this context the registration conditions of the registry apply. You guarantee that the domain you have applied for or that you have already registered does not infringe any third party rights. You are also obliged to notify us immediately of any loss of your domain.

(2) We are entitled to activate a domain only after payment of the agreed fees according to section 5 of our customer information (Part II). Likewise, after the contract has been terminated, we can refuse to release the domain until you have fulfilled all payment obligations from the contract to us.

(3) If you do not give clear instructions to transfer or delete the domain when the contract is terminated, we can return the domain to the responsible registry or have it deleted after the end of the contract and a reasonable period of time. The same applies if we can refuse to release the domain in accordance with Section 5 (2) of the General Terms and Conditions.

§ 6 Further obligations on your part

(1)You must inform us immediately of any change in the data required to fulfill the contract. Passwords and other access data must be kept strictly confidential.

(2) You are obliged to design your domain and the content that can be accessed under it in such a way that an excessive load on our servers, for example through scripts that require a high level of computing power or require an above-average amount of memory, is avoided. We are entitled to exclude websites or servers that do not meet the above requirements from being accessed by you or third parties. You will be informed of such a measure immediately.

(3) They guarantee that your domains and the content that can be accessed under them do not violate legal regulations or morality and do not violate any third party rights. This applies in particular to the legal regulations for provider identification, copyrights, trademarks, personal rights and other property rights, distance selling law, competition law, criminal law and data protection law. We are not obliged to check your domains and the content available under them for possible legal violations. After recognizing legal violations or inadmissible content, we are entitled to block the content and make the domain in question inaccessible. You will be informed of such measures immediately. You make us of all demands, that arise from a breach of the above obligations for which you are responsible, free. This also applies to the costs of our necessary legal defense, including all court and lawyer fees.

(4) You have to make backup copies of all data that you transfer to our server on separate data carriers. We are not responsible for making backup copies. In the event of a loss of data, you will again transfer the data in question to our server free of charge.

(5) You will ensure that the agreed data transfer volume (traffic) is not exceeded. Unless otherwise agreed, 1 TB traffic is permitted; the traffic is to be treated as "fair use".

§ 7 Provision of services for other Internet services

(1)As far as other internet services are the subject of the contract, we owe the individual services resulting from the respective offer. We provide this to the best of our knowledge and belief, personally or through third parties.

(2) You are obliged to cooperate insofar as further information must be made available to us in order to provide the service.

(3) Unless otherwise agreed, the service will be provided within 1 - 3 days after the time of your payment instruction.

§ 8 Contract period, termination

(1)The contract concluded between you and us has the agreed term. If the contract is not terminated by one of the parties in writing (e.g. by email) 4 weeks before the end of the contract (unless otherwise specified in the respective offer), it is tacitly extended by the agreed basic term. However, if the basic term is more than one year, the contract is only extended by one year.

(2) The right to terminate the contract without notice for an important reason remains unaffected. In particular, we have an extraordinary right of termination in the event of repeated violations of your obligations according to Section 4 Paragraphs 2 to 4 and Section 6 of the General Terms and Conditions. In the event of extraordinary termination by us, you are obliged to pay compensation.

§ 9 Charges, Payment, Oustanding Invoice and Refund Policy

• In consideration of the provision of the Services by Vgbots to the Customer, the Customer shall pay Vgbots the Charges in accordance with the Vgbots's price schedule.
• The Charges are inclusive of all labour and materials.
• The Charges once paid by customer by Bank Deposit, T/T, Bank Transfer, ATM Transfer, and customer must provide the payment slip to Vgbots by email or fax. Vgbots will not settled the outstanding invoice if customer do not provide the payment proof.
  (Payer should bear all bank charges of T/T Payment)
  (The payment slip/proof must show and easy read the Amount & Customer information)
• Vgbots required three working days settled outstanding invoice after customer provide the payment proof by email or fax. If customer do not received official receipt by Vgbots within three working days and customer is required contact Vgbots Account Dept Immediately.
• Vgbots may charge the Customer interest in respect of late payment of any sum due under this Agreement, at a rate of 2% per month from the due date to the date of full payment.
• Vgbots is entitled to levy additional charge against the Customer and the Customer shall pay such additional charge to Vgbots within 7 days upon demand if and whenever the access of the Website or the use of the Services consumes excessive CPU time, memory or storage space of the Server or other resources of the Server.
• Vgbots will delete the domain record, email data, web files from our server at anytime if the Customer not settled the outstanding invoice.
• Vgbots will not provided any technical support if the Customer not settled the outstanding invoice.
• Vgbots will not provided any assistant for the domain registrars transfer out if the Customer not settled the outstanding invoice.
• NEW Customer outside Botswana that Pay by Credit Card. Customer is required to provide Credit Card Copy with Authorized Signature to process the order.
• The Charges once paid shall not be refunded in whole or in part for whatsoever reason.

§ 9 Right of retention

You can only exercise a right of retention if it concerns claims from the same contractual relationship.

§ 10 Choice of law, place of performance, place of jurisdiction

(1) Botswana law applies. In the case of consumers, this choice of law only applies insofar as this does not remove the protection granted by mandatory provisions of the law of the state in which the consumer is habitually resident (favorability principle).

(2)The place of performance for all services from the business relationships with us and the place of jurisdiction is our registered office, provided you are not a consumer but a merchant, legal entity under public law or special fund under public law. The same applies if you do not have a general place of jurisdiction in Botswana or if your place of residence or habitual abode is not known at the time the action is brought. The authority to appeal to the court at another legal place of jurisdiction remains unaffected.

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II. Customer information

1. Identity of the provider

Vgbots Proprietary Limited

Plot 17650 Masokaphala Road

Phase 1 Gaborone-West

Botswana

Telephone: +267 72341877

E-Mail: support@vgbots.website

2. Information on the formation of the contract

The technical steps for the conclusion of the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 3 of our General Terms and Conditions (Part I).

3. Contract language, contract text storage

3.1. Contract language is English.

3.2. We do not save the full text of the contract. Before sending the order via the online ordering system, the contract data can be printed out using the browser's print function or saved electronically. After we have received the order, the order data, the information required by law for distance selling contracts and the general terms and conditions will be sent to you again by email.

3.3.If you have a request for a quote, you will receive all contract data as part of a binding offer in text form, e.g. by email, which you can print out or save electronically.

4. Essential characteristics of the service

The essential characteristics of the service can be found in the respective offer.

5. Prices and payment methods

5.1. The prices quoted in the respective offers represent total prices. They include all price components including all applicable taxes.

5.2. You have the following payment options, unless otherwise stated in the respective offer or in the online ordering process:

Prepayment by bank transfer

Payment by credit card through VCS

Payment by PayPal

Payment by credit.

5.3. Unless otherwise stated in the respective offer or in the online ordering process, the payment claims from the concluded contract are due for payment immediately. If you pay by credit card, your credit card account will be charged when the contract is concluded.

6. Contract term, termination

You can find information on the term of the contract and the terms of termination in the regulation "Contract term, termination" in our General Terms and Conditions (Part I), as well as in the respective offer.

last update: 16/04/2021