Legal Policies
Last Updated: June 20, 2025, 07:59 PM SAST
Privacy Policy
At AfriCloud LLC, we prioritise your privacy and the security of your personal data. This Privacy Policy outlines how we collect, use, and safeguard your information when you interact with our services, in compliance with applicable US laws, including those of the State of Wyoming, and EU Regulations such as the General Data Protection Regulation (GDPR).
- Data Collection: We collect personal details including your name, email address, physical address, company name, payment details, IP address, and Browse behaviour through WHMCS for billing and account management. Google Analytics is utilised to track website usage, and we may share limited data (e.g., email addresses and cookies) with Google Ads and X for customer mapping and advertising targeting. Customer support tools such as Tawk.to (for AI Live Chat) and Grok (for basic ticket responses) may be used; however, all support tickets are managed within WHMCS.
- Data Transfers: No personal data is transferred to the United States, as AfriCloud maintains no server footprint there.
- Data Retention: Personal data is retained for the duration of the client's active services with AfriCloud LLC or until the client expressly requests deletion of such data. Notwithstanding the foregoing, certain data may be retained for up to five (5) years for the processing of tax records, dispute resolution, fraud prevention, and similar legitimate purposes.
- Data Security: AfriCloud LLC adheres to industry best practices for data security. Measures include, but are not limited to, data encryption (at rest and in transit), robust access controls, regular security audits, and comprehensive staff training.
- Your Rights and Data Subject Requests: In accordance with applicable laws, you possess rights concerning your personal data. You have the right to access, correct, or delete your personal data. Most data subject requests can be completed automatically by the client within their Client Area. More complex cases will be handled promptly by our support agents. We endeavour to respond to such requests within a reasonable timeframe, typically within 30 days as per GDPR guidelines.
- Data Processing Agreements (DPAs): Data Processing Agreements are not provided by default but may be considered on a case-by-case basis for business clients upon specific request.
- Contact: For privacy inquiries, please reach us at our contact page.
Terms of Service
By utilising AfriCloud LLC’s services, you hereby agree to these Terms of Service. Please read them carefully.
- Age Requirement: You must be at least 18 years of age to use AfriCloud LLC's services. By proceeding, you confirm you meet this age requirement.
- Prohibited Activities: You may not use our services for any unlawful purposes, including but not limited to:
- Copyright infringement, including the hosting of content that violates intellectual property rights.
- Hate speech.
- Defamation.
- Terrorist content.
- Spamming.
- Content scraping.
- Pornography.
- Obtaining by false pretence.
- Hacking.
- Phishing.
- Distributing malware.
- Scope of Illegality: “Illegal activities” are defined by the laws of Wyoming, the United States, the Portuguese Republic, and the European Union. This list balances specificity with broad coverage of prohibited conduct.
- Violation Notification and Enforcement: Should a violation of these Terms be detected, you will be notified and expected to remove the violating content or cease the prohibited activity within 48 hours. Failure to do so may result in AfriCloud LLC immediately suspending or terminating your service, without liability for damages caused by your misuse.
- Limitations of Liability: To the maximum extent permitted by applicable law, AfriCloud LLC shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the services; (b) any conduct or content of any third party on the services; (c) any content obtained from the services; and (d) unauthorised access, use, or alteration of your transmissions or content. This limitation applies to all claims, whether based on warranty, contract, tort, or any other legal theory, whether or not AfriCloud LLC has been informed of the possibility of such damage.
- Force Majeure: AfriCloud LLC shall not be deemed in default of this Agreement, nor shall it be liable for any delay or failure in performance or interruption of the services resulting directly or indirectly from acts of God, civil or military authority, acts of public enemy, war, riots, insurrections, fire, explosions, earthquakes, floods, widespread internet outages not attributable to AfriCloud's infrastructure, or any similar cause beyond the reasonable control of AfriCloud LLC ("Force Majeure Event").
- Your Responsibility: You must ensure compliance with all applicable laws.
- Governing Law and Dispute Resolution: These Terms shall be governed by and construed in accordance with the laws of the State of Wyoming, United States, without regard to its conflict of law provisions. Any legal action or proceeding arising under these Terms shall be brought exclusively in the state or federal courts located in Wyoming. Arbitration may be considered as an alternative dispute resolution method, subject to mutual agreement of both parties.
Acceptable Use Policy
Our Acceptable Use Policy ensures fair and responsible use of AfriCloud’s services:
- Usage Limits:
- Each VPS plan includes a defined bandwidth cap. Exceeding this cap within a billing month will result in the VPS being automatically throttled to a significantly lower network speed.
- VPS usage must not continuously consume 100% CPU. An average CPU load of 100% over a 30-minute period shall be considered a service violation. Such sustained high CPU usage impacts other users and may lead to the immediate suspension of the VPS.
- Prohibited Actions: Activities violating the Terms of Service (e.g., spamming, hacking, phishing, malware distribution) are expressly forbidden. Forbidden content is generally defined by applicable EU laws and US/Wyoming law. Content Delivery Networks (CDNs) are not forbidden unless they inherently violate these laws.
- Consequences: Violations of this policy, including those defined within the Terms of Service, may lead to immediate suspension or termination of services without prior notice, at AfriCloud's sole discretion.
- Standard Clauses: These restrictions align with industry norms for shared hosting environments.
Service Level Agreement
AfriCloud LLC is committed to reliable service delivery:
- Uptime Guarantee: We offer a 99.5% uptime guarantee, calculated monthly. “Downtime” refers to total service outages, excluding planned maintenance and other specific exclusions.
- Remedies: If monthly uptime falls below 99.5%, service credits may be provided, assessed on a case-by-case basis. Service credits will be calculated as a percentage of your monthly fee for the affected service. To claim service credits, clients must open a support ticket within seven (7) business days of the downtime event.
- Exclusions: The uptime guarantee does not apply to downtime caused by (i) user-caused issues or misconfigurations; (ii) third-party network issues outside AfriCloud's direct control; (iii) scheduled maintenance; (iv) Distributed Denial of Service (DDoS) attacks or other malicious external factors; (v) Force Majeure events as defined in our Terms of Service; or (vi) any other conditions standard in the industry that are beyond our reasonable control.
- Maintenance: Scheduled maintenance, if required, will occur outside typical business hours (e.g., 00:00 Sunday, Lisbon time) and does not count toward downtime. Planned maintenance will be communicated via our status page with at least seven (7) days' notice where feasible.
- Redundancy: Our infrastructure features IP transit via MEO, DE-CIX fibre, and A+B power routes for enhanced reliability.
DMCA Policy
AfriCloud LLC adheres to the Digital Millennium Copyright Act (DMCA) and respects the intellectual property rights of others. We are committed to processing valid notices of alleged copyright infringement.
- Designated DMCA Agent: AfriCloud LLC has appointed a Designated DMCA Agent to receive notifications of claimed copyright infringement. For full compliance with DMCA safe harbour provisions, the contact details for our Designated Agent are as follows:
[**Insert Name of DMCA Agent**]
[**Insert Physical Street Address of DMCA Agent (e.g., AfriCloud LLC, [Street Address], Cheyenne, WY [Zip Code])**]
Email: [**Insert DMCA Agent's Email Address**] (e.g., via our contact page specifying DMCA notice)
Phone: [**Insert DMCA Agent's Phone Number (Optional but recommended)**]
Please note that for an effective DMCA notice, physical mail to the registered agent's address is often required. The above details are for public information and will be registered with the US Copyright Office.
- Reporting Infringement: If you believe that content hosted on our services infringes your copyright, please submit a DMCA notice to our Designated DMCA Agent. Your notice must include the following information:
- A physical or electronic signature of the copyright owner or a person authorised to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works.
- 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 us to locate the material (e.g., URL or IP address).
- Your contact details: name, address, telephone number, and email address.
- A statement that you have a good-faith belief that use of the material in the manner complained of is not authorised 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 you are authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
- Action Taken: Upon receipt of a valid DMCA notice, we will promptly review the notice and take appropriate action, which may include removing or disabling access to the allegedly infringing content. The client hosting the content will be notified of the DMCA notice and required to take corrective action.
- Repeat Infringers: AfriCloud LLC maintains a policy of terminating the services of repeat copyright infringers. Should a client repeatedly violate our DMCA policy, their services will be terminated, and their account will be permanently closed.
Billing Policy
AfriCloud LLC enforces strict payment terms for all services:
- Payment Obligation: Services require advance payment. Accepted payment methods include credit card, PayPal, and cryptocurrency.
- Suspension and Termination: Non-payment by the due date will result in immediate suspension of services. If payment remains overdue for 30 days, services will be terminated. Data associated with terminated services, including any backups, will be irrevocably deleted after 45 days of non-payment.
- No Grace Period: No extensions or grace periods are provided beyond the stated due date.
- Payment Reminders and Notification: Users will receive five (5) automated reminders at regular intervals before services are suspended or terminated due to non-payment. All suspension or termination notices will be sent via our contact page and your registered email address.
- Overpayments and Incorrect Charges: Any refunds for overpayments or incorrect charges must be escalated to AfriCloud Support via a support ticket for review and processing.
- Contact: For any billing-related inquiries, please email us via our contact page.
Refund Policy
AfriCloud LLC offers refunds under specific conditions, in compliance with consumer protection laws in Wyoming, the US, Portugal, and the EU:
- Eligibility: Refunds are available within fifteen (15) active service days of service activation, specifically if the Virtual Private Server (VPS) fails to meet the technical specifications advertised for your plan. To be eligible, you must provide conclusive technical proof (e.g., logs or performance metrics) demonstrating the shortfall of any advertised technical specifications (e.g., CPU, RAM, storage IOPS, network speed). AfriCloud will weigh this proof against industry standards for verification.
- Exclusions: No refunds will be issued where there is a confirmed abuse of AfriCloud's services, as defined within our Terms of Service and Acceptable Use Policy. Non-refundable services or add-ons, such as domain registrations or third-party licenses, are also excluded from this policy.
- Process: All refund requests must be submitted via our contact page. Approved refunds will be processed within fifteen (15) days of approval.
- Legal Note: This policy aligns with applicable consumer protection laws. No additional cooling-off periods beyond 15 days apply unless explicitly required by law (none identified in this context).