These Terms of Service ("Terms", "Agreement") constitute a legally binding agreement between you ("Client", "you", "your") and Tayo Host Ltd ("Tayo Host", "we", "us", "our"), a company registered and operating from Nairobi, Kenya. By purchasing, activating, or using any Tayo Host service, you confirm that you have read, understood, and agree to be bound by these Terms.
If you do not agree to these Terms, you must not use our services. These Terms apply to all services provided by Tayo Host Ltd, including web hosting, domain registration, email hosting, SSL certificates, and any related services.
For questions about these Terms, contact us at terms@tayohost.com or via WhatsApp at +254 796 096 075.
1. Definitions
2. Eligibility and Account Registration
2.1 Age Requirement
You must be at least 18 years of age to purchase or use Tayo Host services. This is consistent with the Kenya Children Act 2022. By agreeing to these Terms you confirm that you meet this requirement.
2.2 Account Accuracy
You agree to provide accurate, current, and complete information when creating your account. You must keep your account information updated at all times. Providing false or misleading information is a material breach of these Terms and may result in immediate termination without refund.
2.3 Account Security
You are solely responsible for maintaining the confidentiality of your account credentials. You are responsible for all activity that occurs under your account. Notify us immediately at terms@tayohost.com if you suspect unauthorised access. Tayo Host is not liable for losses resulting from unauthorised access caused by your failure to protect your credentials.
2.4 One Account Per Client
Each individual or business entity may maintain one client account. Creating multiple accounts to circumvent suspension, termination, or usage limits is prohibited and will result in termination of all associated accounts.
3. Services
3.1 Services Offered
Tayo Host offers shared web hosting, WordPress hosting, WooCommerce hosting, ecommerce hosting, email hosting, domain registration, and SSL certificates. All services are paid — we do not offer free trials or free plans.
3.2 Service Activation
Services are activated automatically upon confirmed payment. You will receive account credentials and setup information by email within a short period of payment confirmation. Automated provisioning times may vary depending on the service type and payment method.
3.3 Service Modifications
Tayo Host reserves the right to modify, update, or discontinue any service at any time with reasonable notice to affected clients. Where a service is discontinued, we will provide a minimum of 30 days notice and a pro-rata refund for any unused prepaid period.
3.4 No Reselling
Your Tayo Host account is for your own use only. You may not resell, sublicense, or otherwise transfer hosting services to third parties. Each client or business entity requires its own separate Tayo Host account. Violation of this restriction is a material breach of these Terms.
3.5 Third-Party Software
You are responsible for all third-party software, plugins, themes, scripts, and applications installed within your hosting account. Tayo Host is not liable for issues, security vulnerabilities, or data loss caused by third-party software. You are responsible for keeping all installed software up to date.
4. Payment Terms
4.1 Billing Cycles
Services are available on monthly and annual billing cycles. Annual plans are priced lower than the equivalent monthly rate. The billing cycle you select at the time of purchase governs your payment schedule.
4.2 Pricing and Renewal
Introductory pricing applies to your first billing period only. Renewal prices are displayed before you purchase and are also communicated in your renewal reminder notices. We are committed to honest, transparent pricing — renewal prices will not change without at least 30 days advance notice to you.
4.3 Renewal Reminders
We send renewal reminder notices at least 30 days before your service expiry date, to the email address registered on your account. It is your responsibility to keep your contact email address current. Failure to receive a renewal reminder due to an outdated email address does not waive your payment obligation.
4.4 Accepted Payment Methods
We accept M-Pesa, Airtel Money, PayPal, Visa, Mastercard, bank transfer, and cash at our Eastleigh, Nairobi office. Payment must be made in full before services are activated or renewed.
4.5 Currency
All prices are quoted and invoiced in United States Dollars (USD). Where payment is made via M-Pesa or Airtel Money, the applicable exchange rate at the time of payment will be applied. Exchange rate fluctuations are the responsibility of the client.
4.6 Late Payment
If payment is not received by the due date, your account will enter the suspension process as described in Section 6 of these Terms. Tayo Host reserves the right to charge a late payment administration fee on accounts that repeatedly fail to pay on time.
4.7 Disputed Charges
If you believe an invoice contains an error, contact us at billing@tayohost.com within 14 days of the invoice date. Disputes raised after 14 days will not be considered. Initiating a chargeback or payment reversal without first contacting Tayo Host is a breach of these Terms and may result in immediate account suspension and a chargeback administration fee.
4.8 Taxes
Prices displayed are exclusive of any applicable taxes. Where Kenyan VAT or other applicable taxes apply, these will be clearly shown on your invoice. You are responsible for any taxes applicable in your own jurisdiction.
5. Uptime and Service Availability
5.1 Uptime Commitment
Tayo Host commits to a 99.9% monthly uptime guarantee for shared hosting, WordPress hosting, WooCommerce hosting, ecommerce hosting, and email hosting services. This equates to a maximum of approximately 43 minutes and 50 seconds of unplanned downtime per calendar month.
5.2 What Counts as Downtime
Downtime means the total accumulated minutes per calendar month during which your hosted service is completely inaccessible due to factors within Tayo Host's reasonable control, as confirmed by our monitoring systems.
5.3 What Is Excluded from the Uptime Guarantee
- Scheduled maintenance — we will provide at least 24 hours advance notice for planned maintenance windows
- Emergency maintenance required to protect the integrity or security of the infrastructure
- Downtime caused by your actions, including misconfigured scripts, resource overuse, or installation of faulty third-party software
- Downtime resulting from DDoS attacks, hacking attempts, or other malicious activity targeting your account specifically
- Failures by third-party services such as domain registrars, payment processors, or CDN providers
- Force majeure events as described in Section 13 of these Terms
- Downtime caused by failures at our upstream infrastructure provider
5.4 Service Credits
If monthly uptime falls below 99.9% for reasons within Tayo Host's control, you may request a service credit equivalent to a pro-rata refund of the affected period. Service credits must be requested in writing to terms@tayohost.com within 14 days of the downtime event. Credits will be applied to your account and cannot be paid as cash. Service credits are your sole remedy for downtime and do not limit or exclude any other rights under Kenyan law.
6. Suspension and Termination
6.1 Suspension for Non-Payment
If payment is not received by the due date, Tayo Host will send a payment reminder. If payment remains outstanding 7 days after the due date, your account will be suspended. Suspended accounts retain all data but services are inaccessible. You have a grace period of 14 days from the date of suspension to settle the outstanding balance and restore your account.
6.2 Termination for Non-Payment
If payment is not received within 14 days of suspension, your account will be permanently terminated. All data, files, emails, and databases associated with your account will be deleted. Tayo Host is not liable for any data loss resulting from termination for non-payment. Reinstating a terminated account may be possible at Tayo Host's discretion and may incur a reinstatement fee.
6.3 Suspension or Termination for Breach
Tayo Host may suspend or terminate your account without the grace period described in Section 6.1 if you breach these Terms, the Acceptable Use Policy, or any other Tayo Host policy in a manner that poses an immediate risk to the security, integrity, or availability of our infrastructure or other clients' services. In such cases, we will notify you as soon as reasonably practicable.
6.4 Termination by You
You may cancel your account at any time by submitting a cancellation request through your WHMCS client dashboard or by contacting us at terms@tayohost.com. Cancellation takes effect at the end of your current billing period. No refunds are issued for partial billing periods unless you are within the 30-day money-back period described in our Refund Policy.
6.5 Data Retrieval After Termination
Upon cancellation or termination, you are responsible for retrieving all your data before the termination date. Tayo Host will retain data for a maximum of 7 days after the effective termination date, after which all data is permanently deleted. We cannot guarantee data recovery after this period.
6.6 Effect of Termination
Upon termination, your right to use all Tayo Host services ceases immediately. Clauses of these Terms that by their nature survive termination — including Sections 8 (Intellectual Property), 9 (Limitation of Liability), 10 (Indemnification), 11 (Governing Law), and 12 (Dispute Resolution) — remain in full force.
7. Acceptable Use
7.1 Your Responsibility for Content
You are solely responsible for all content stored, transmitted, or distributed through your Tayo Host account. Tayo Host is not responsible for the content you host and does not actively monitor content except where required by law or to investigate a complaint.
7.2 Prohibited Use
You agree to use Tayo Host services only for lawful purposes and in accordance with our Acceptable Use Policy. Prohibited activities include but are not limited to hosting malware, phishing pages, spam operations, illegal content, child exploitation material, or any content that violates Kenyan law or applicable international law. Full details are in our Acceptable Use Policy.
7.3 Resource Fair Use
Shared hosting accounts are subject to fair resource use. You may not use your account in a way that degrades the performance of the shared server for other clients. This includes running resource-intensive scripts, cryptocurrency mining, bulk email sending, or any process that consumes excessive CPU, memory, or bandwidth. Tayo Host reserves the right to throttle, suspend, or terminate accounts that violate fair use principles.
7.4 Backups
Tayo Host performs daily backups of hosting accounts as part of your service. However, these backups are provided as a convenience and not as a guarantee. You are strongly advised to maintain your own independent backups of all critical data. Tayo Host is not liable for data loss even where backups are available.
8. Intellectual Property
8.1 Your Content
You retain full ownership of all content you store within your Tayo Host account. By hosting content with us, you grant Tayo Host a limited, non-exclusive licence to store, copy, and transmit your content solely to the extent necessary to provide the services you have purchased. This licence ends when you terminate your account.
8.2 Tayo Host Intellectual Property
All trademarks, logos, service names, website design, code, and documentation created by Tayo Host are the exclusive property of Tayo Host Ltd. You may not reproduce, distribute, or create derivative works from any Tayo Host intellectual property without prior written consent.
8.3 Third-Party Intellectual Property
You must ensure that content you host does not infringe on the intellectual property rights of any third party. Tayo Host will respond to valid intellectual property complaints and may remove infringing content or suspend accounts in accordance with applicable law.
9. Limitation of Liability
9.1 Cap on Liability
To the maximum extent permitted by applicable Kenyan law, Tayo Host's total liability to you for any claim arising from or related to these Terms or the services provided shall not exceed the total amount you paid to Tayo Host in the 12 months immediately preceding the event giving rise to the claim.
9.2 Exclusion of Consequential Damages
To the maximum extent permitted by law, Tayo Host shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, loss of revenue, loss of business, loss of data, or loss of goodwill, even if Tayo Host has been advised of the possibility of such damages.
9.3 Upstream Provider Failures
Tayo Host sources its hosting infrastructure from a third-party upstream provider. While we commit to the uptime guarantee in Section 5, we are not liable for failures, outages, or service degradations caused by our upstream provider that are beyond our reasonable control. In such cases, we will make reasonable efforts to communicate the situation and restore services as quickly as possible.
9.4 No Warranty
Services are provided on an "as is" and "as available" basis. Tayo Host makes no warranty that services will be uninterrupted, error-free, or free of viruses or other harmful components, beyond the uptime commitment in Section 5. Nothing in this clause limits any statutory rights you have under the Kenya Consumer Protection Act 2012 or any other applicable law that cannot be excluded by contract.
10. Indemnification
You agree to indemnify, defend, and hold harmless Tayo Host Ltd, its directors, officers, employees, and agents from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising from or related to: your use of the services; your breach of these Terms or the Acceptable Use Policy; your content or the content of any third party using your account; or any violation of applicable law by you or any third party using your account.
11. Governing Law and Jurisdiction
These Terms are governed by and construed in accordance with the laws of Kenya, including the Kenya Information and Communications Act (KICA), the Consumer Protection Act 2012, and the Data Protection Act 2019. Any dispute arising from these Terms that is not resolved through the dispute resolution process in Section 12 shall be subject to the exclusive jurisdiction of the courts of Nairobi, Kenya. If you are located outside Kenya, you agree that Kenyan law governs this Agreement and that Kenyan courts have jurisdiction over any dispute.
12. Dispute Resolution
12.1 Informal Resolution First
Before initiating any formal legal proceedings, complaint to a regulatory authority, or chargeback, you agree to first contact Tayo Host and give us a genuine opportunity to resolve the dispute. Submit your complaint in writing to terms@tayohost.com with full details of the issue and the resolution you are seeking.
12.2 Response Period
Tayo Host will acknowledge your complaint within 5 business days and work to provide a substantive response or resolution within 30 days of receiving your written complaint. Where a matter is complex, we will keep you informed of progress and provide an updated timeline.
12.3 Regulatory Complaints
If informal resolution is unsuccessful after the 30-day period, you have the right to lodge a complaint with the Competition Authority of Kenya (CAK) under the Consumer Protection Act 2012, or to pursue any other legal remedy available to you under Kenyan law. Nothing in this clause restricts your statutory rights.
12.4 No Waiver of Rights
This informal dispute resolution process does not waive or limit any of your legal rights under Kenyan law, including your rights under the Consumer Protection Act 2012 and the Data Protection Act 2019.
13. Force Majeure
Tayo Host will not be liable for any failure or delay in performing its obligations under these Terms where that failure or delay results from circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, civil unrest, terrorism, government action, internet infrastructure failures, power outages, fires, floods, pandemics, upstream provider failures, or cyberattacks on our infrastructure. We will make reasonable efforts to notify you of a force majeure event and to resume services as soon as reasonably practicable.
14. Privacy and Data Protection
Your personal data is processed in accordance with our Privacy Policy, which forms part of this Agreement. By using our services, you consent to the collection and processing of your personal data as described in the Privacy Policy. Tayo Host is a registered Data Controller with the Office of the Data Protection Commissioner (ODPC) of Kenya under the Data Protection Act 2019.
15. Domain Names
15.1 ICANN Policies
Domain registrations are subject to the policies of the Internet Corporation for Assigned Names and Numbers (ICANN) and the relevant domain registry. By registering a domain through Tayo Host, you agree to comply with all applicable ICANN policies.
15.2 WHOIS Accuracy
You are required to provide accurate and complete registrant information for domain registrations. This information is submitted to the relevant registry and published in the public WHOIS record as required by ICANN. Providing false registrant information may result in domain cancellation.
15.3 Domain Disputes
Domain name disputes between third parties and you as a registrant are subject to ICANN's Uniform Domain-Name Dispute-Resolution Policy (UDRP). Tayo Host is not a party to such disputes and is not liable for outcomes of domain dispute proceedings.
15.4 Domain Renewal
Domains must be renewed before expiry. Tayo Host will send renewal reminders but is not liable if a domain expires due to non-payment. Expired domains enter a redemption period managed by the registry, during which recovery may be possible but at significantly higher cost. Tayo Host will make reasonable efforts to assist but cannot guarantee recovery of expired domains.
16. Changes to These Terms
Tayo Host reserves the right to update or modify these Terms at any time. When we make material changes, we will notify you by email at least 30 days before the changes take effect, and display a notice on our website. Your continued use of our services after the effective date of updated Terms constitutes your acceptance of the new Terms. If you do not agree to the updated Terms, you may cancel your account in accordance with Section 6.4 before the changes take effect.
17. General Provisions
17.1 Entire Agreement
These Terms, together with our Privacy Policy, Acceptable Use Policy, Refund Policy, and Cookie Policy, constitute the entire agreement between you and Tayo Host Ltd with respect to the services and supersede all prior agreements, representations, and understandings.
17.2 Severability
If any provision of these Terms is found to be unenforceable or invalid under applicable law, that provision shall be modified to the minimum extent necessary to make it enforceable, and the remaining provisions shall continue in full force and effect.
17.3 No Waiver
Tayo Host's failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision in any subsequent instance.
17.4 Assignment
You may not assign or transfer your rights or obligations under these Terms without Tayo Host's prior written consent. Tayo Host may assign its rights and obligations, including in connection with a merger, acquisition, or sale of assets, with notice to you.
17.5 Notices
All formal notices under these Terms must be sent in writing to terms@tayohost.com for Tayo Host, and to the email address registered on your client account for you. Notices sent by email are deemed received on the next business day.
17.6 Language
These Terms are written in English. In the event of any conflict between an English version and any translated version of these Terms, the English version shall prevail.
18. Contact
Questions about this policy?
Contact us at terms@tayohost.com and we will respond within 30 days.
Mon–Sat, 8am–8pm EAT