Last Updated:
May 05, 2022
PLEASE READ THESE TERMS OF SERVICE CAREFULLY.
Nabtech Digitalnet Limited offers a range of services to customers, encompassing hosting and website solutions. These include shared, VPS, and dedicated hosting, WordPress hosting, software licenses, email, cloud services, and domain registration services, among others. Collectively, these are referred to as "Services."
By utilizing Nabtech's Services, you acknowledge and agree to abide by these Terms of Service and any other policies or terms referenced or published by us (collectively, the "Terms"). If you do not agree to these Terms, please refrain from registering an account or accessing, purchasing, or using Nabtech's Services in any way.
These Terms constitute a legally binding agreement between Nabtech and any individual or organization that acquires, accesses, or utilizes Nabtech's Services (referred to as "Customer" or "You"). You represent and warrant that (a) you possess the full authority and capability to enter into and fulfill these Terms, or (b) if you are using these Services on behalf of an organization, entity, or group, you have the authorization to accept these Terms.
Financial Arrangements
- 1. You agree to a minimum thirty (30) day contract, commencing upon the initiation of service. The specific contract duration is determined during signup.
- 2. You acknowledge that you are solely responsible for all charges and fees associated with your account.
- 3. If you wish to terminate Nabtech shared Web Hosting services within 30 days of the initial signup, you may do so for any reason (except for disablement due to Terms of Service or Spam Policy violations) and receive a prompt refund.
- 4. Services provided by third parties and Nabtech partners do not fall under the 30-day refund policy, and no early termination credit applies. Billing ceases at the end of the term during which the service is canceled.
- 5. AUTOMATIC RENEWAL: Upon the conclusion of the contract term, it will automatically renew at the prevailing non-promotional rate for the original contract duration, continuing indefinitely until canceled.
Nabtech will automatically renew the applicable service when it comes up for renewal and will process payment using the payment method linked to your account. If you prefer not to have any service automatically renewed, you can opt to cancel that service. In such a case, your Services will terminate upon the expiration of the current term, unless you manually renew them before that date. To prevent automatic renewals, you must cancel your Services before their renewal date(s). Renewal dates become effective at midnight, GMT.
If your payment card is deemed expired, invalid, or otherwise unchargeable, you consent to Nabtech utilizing alternative payment methods associated with your bank account, such as new credit card details provided by your card issuer. If a shared hosting service is terminated after the 30-day money-back guarantee period, the service will be canceled before the next payment is due, and no further billing will occur, with no refunds provided, even for unused portions. Any non-refundable charges that have already been incurred must be settled before the account can be canceled.
You can initiate the cancellation process by accessing the Manage Account panel page. Detailed and current cancellation instructions can be found on the website.
6. The "30-Day Money-Back Guarantee" offer is only
applicable to credit card payments for shared web hosting. Other forms of
payment are non-refundable. Refunds can only be processed for shared hosting.
Domain registrations (including the value of any used free domain registrations
included with the plan) are not refundable under any circumstances. SSL
certificates are non-refundable. The value of any AdWords credit or other
third-party add-ons is non-refundable.
Refund Policy
To qualify for a refund, you must first cancel the service for which you seek a refund. Refunds can only be issued for concrete, specified issues that we are unable to resolve. The policy aims to ensure that requests for refunds are substantiated by legitimate dissatisfaction, unmet service needs, or unresolved issues. Cancellations can be made by:
- Sending an email to the Nabtech Billing Department at billing@nabtech.co
- Opening a support ticket from your Nabtech Client Area
Each service has its own refund eligibility period, outlined below.
General Terms for All Services
- Service Cancellation: You must cancel the service before requesting a refund.
- Terms of Service Violation: If your service is suspended due to a breach of Nabtech’s Terms of Service, you will not qualify for a refund.
- Service Downgrades: Downgrading your service package does not make you eligible for a refund.
- Refund Method: By default, refunds will be credited to your Nabtech Client Account. Cash refunds, when applicable, will only be sent to the bank account that matches the original payment information.
Hosting Services
- Linux and Windows Shared Hosting:
- Annual plans can be canceled within 30 days for a full refund.
- Monthly and Quarterly plans must be canceled within 72 hours for a refund.
- Managed WordPress Hosting: 30-day refund period for annual plans. No refunds for monthly plans.
- Cloud Hosting: 15-day refund period for all plans.
- VPS Hosting and Dedicated Servers: These services are non-refundable.
Refund Processing Time
Refunds will be processed within 5 to 15 business days from the date the refund request is approved. Refunds will be subject to an administrative fee deducted from the refund amount.
7. Violations of Nabtech's Terms may,
at Nabtech's discretion, result in immediate and permanent disablement without
refund.
8. Nabtech reserves the right to disable or suspend without refund
any account or service at any time should it feel, in its sole discretion, that
there is a reasonable suspicion that it is being used in violation of any agreed
upon terms.
9. Disputed charges ("chargebacks") associated with any Nabtech
account, at Nabtech's discretion, may result in immediate and potentially
permanent disablement of Services or the full account. Each rejected charge will
incur a $50 fee on the account which must be paid before any Services may be
reactivated.
10.
Nabtech reserves the right to modify current service plans,
fees, and applicable charges at any time. Services that involve outdated or
unsupported features may incur additional maintenance fees. In such situations,
Nabtech will provide notice to Customer, and will allow Customer to cancel the
Services without incurring additional change fees, but no refund will be payable
for any fees previously assessed.
11.
Nabtech will use commercially reasonable
efforts to make Nabtech Products available 99.9% of the time during each monthly
billing cycle. If Nabtech is unable to meet this service level, you will be
eligible to receive a credit to apply to future Nabtech Products billing cycles
based upon the Unavailability for that month.
1. For the purposes of this
agreement, Unavailability means that either (a) the Nabtech Products service is
unresponsive, or (b) Nabtech Products returns a server error response to valid
user requests for more than 60 seconds of consecutive requests.
2.
Unavailability that is a result of scheduled maintenance is excluded from these
conditions and will not be considered for service credit calculations. Scheduled
maintenance is defined as maintenance that is announced at least 5 days in
advance, and does not exceed one hour in any month.
3. Service credits will
be calculated as a percentage of the bill for the billing cycle that the
Unavailability occurred. The percentage for the credit will be calculated by
dividing the number of minutes of Unavailability by the total number of minutes
in that billing cycle.
4. Service credits must be claimed within 14 days of
the Unavailability occurring by submitting a support ticket. Include as much
detail as required to document the Unavailability.
Taxes
1. Nabtech shall not be
liable for any taxes or other fees to be paid in accordance with or related to
purchases made from Customer or Nabtech Web Hosting's server. Customer agrees to
take full responsibility for all taxes and fees of any nature associated with
such products sold.
Material Products
1. Customer will provide Nabtech with material and data in a condition that
is "server-ready", which is in a form requiring no additional manipulation on
the part of Nabtech. Nabtech shall make no effort to validate this information
for content, correctness or usability.
2. Use of Nabtech's service requires a
certain level of knowledge in the use of Internet languages, protocols, and
software. This level of knowledge varies depending on the anticipated use and
desired content of Customer's Webspace by the Customer.
3. The following
examples are offered:
1. Web Publishing: requires a knowledge of HTML,
properly locating and linking documents, FTPing Webspace contents, Graphics,
text, Sound, imagemapping, etc.
2. CGI-Scripts: requires a knowledge of the
UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
4. The Customer agrees that they have the necessary knowledge to create
Customer's Webspace. Customer agrees that it is not the responsibility of
Nabtech to provide this knowledge or Customer Support outside of the defined
service of Nabtech.
5. Nabtech will exercise no control whatsoever over the
content of the information passing through the network, provided that it adheres
to all other conditions set forth in our Terms of Service and Acceptable Use
Policy documents.
6. Nabtech reserves the right to police its network to
verify compliance with all agreed upon Terms.
7. The Customer agrees to
cooperate in any reasonable investigations into their adherence to all agreed
upon Terms. Failure to cooperate is grounds for immediate disablement of all
accounts/service plans.
8. Nabtech reserves the right to disconnect any
website or server deemed to present a security threat to Nabtech's customers,
servers, or network.
9. The opening of multiple accounts or service plans in
order to bypass any restrictions or overage charges set forth by Nabtech is
grounds for termination of all Services.
10.
Nabtech makes no warranties or
representations of any kind, whether expressed or implied for the service it is
providing. Nabtech also disclaims any warranty of merchantability or fitness for
a particular purpose and will not be responsible for any damages that may be
suffered by the Customer, including loss of data resulting from delays,
non-deliveries or service interruptions by any cause or errors or omissions of
the Customer. Use of any information obtained by way of Nabtech is at the
Customer's own risk, and Nabtech specifically denies any responsibility for the
accuracy or quality of information obtained through its Services. Any mention of
connection speeds associated with Nabtech's Services represents the maximum
achievable speed. Nabtech does not guarantee that the customer will achieve the
maximum connection speed at all times, as this depends on a variety of factors
(including your own internet connection!). Nabtech expressly limits its damages
to the Customer for any non-accessibility time or other down time to the
pro-rata monthly charge during the system unavailability.
11.
Nabtech
specifically denies any responsibilities for any damages arising as a
consequence of such unavailability. In the event that this material is not
"Server-ready", Nabtech may, at its option and at any time, reject this
material, including but not limited to after it has been put on Nabtech’s
servers. Nabtech agrees to notify Customer immediately of its refusal of the
material and afford Customer the opportunity to amend or modify the material to
satisfy the needs and/or requirements of Nabtech. If the Customer fails to
modify the material, as directed by Nabtech, within a reasonable period of time,
which shall be determined between the parties themselves, the contract shall be
deemed to be terminated.
12.
All domain names registered through Nabtech or
its previous domain registration site, nabtechonlineng.net, that are 'parked' or
are otherwise not immediately associated with a Nabtech hosting plan will be
automatically pointed to a "Coming Soon" web page which informs visitors that
the registrant has recently registered their domain name via nabtech.co .
The Coming Soon web page may be modified at any time by Nabtech without prior
notice to you and may include such things as, without limitation, links to
additional products and Services offered by Nabtech.
Trademarks & Copyrights
1.
Customer warrants that it has the right to use the trademarks and copyrights
applicable to all content and/or products being made available through the
customer's account.
Hardware,
Equipment, & Software
1. The customer is responsible for
and must provide all telephone, computer, hardware and software equipment and
services necessary to access Nabtech Services.
2. Nabtech makes no
representations, warranties or assurances that the Customer's equipment will be
compatible with Nabtech Services.
Guaranteed Uptime
1. Nabtech guarantees 100% uptime. A
failure to provide 100% uptime will result in customer compensation pursuant to
guidelines established herein.
2. Customer is entitled to compensation if
Customer's web site, databases, email, FTP, SSH or webmail become unusable as a
result of failure(s) in Nabtech systems for reasons other than previously
announced scheduled maintenance, coding or configuration errors on the part of
the Customer.
3. Customer will receive Nabtech credit equal to the Customer's
current hosting cost for 1 (one) day of service for each 1 (one) hour (or
fraction thereof) of service interruption, up to a maximum of 10% of Customer's
next pre-paid hosting renewal fee.
4. Nabtech's assessment of downtime begins
when Customer opens a support ticket to report the problem.
Nabtech Dedicated Server and NabtechCompute
Stipulations
1. Bandwidth pricing and measurement
frequency are subject to change at Nabtech's discretion. Customers affected by
such changes will be notified no less than thirty (30) days in advance by
Nabtech.
2. Nabtech is under no obligation to compensate Customer for
downtime, whether the downtime is caused by Customer, Nabtech, or Nabtech's
upstream providers.
3. Customer agrees that dedicated server payments are
NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months
of service, service will be provided for twelve (12) months and will not be
refunded if Customer chooses to discontinue service with Nabtech mid-way through
the term. NabtechCompute services will be billed on a monthly basis; existing
NabtechCompute customers may remain on a pre-paid billing plan, but new customer
accounts will be subject to a usage-billing plan. Termination or upgrades of
NabtechCompute services will result in the following refund and billing
procedures:
1. Pre-Paid Billing NabtechCompute Plan: Any termination or
upgrade will result in a refund of the prorated value of the plan for the last
billing period.
2. Usage-Billing NabtechCompute Plan: Any termination will
result in the customer being billed for usage, rounded up to the nearest hour.
4. Hardware upgrades to an existing 'platform' (platform defined as a
motherboard/chassis combination) will be performed by Nabtech and shall incur an
additional one-time labor fee of $120 as well as an increase to Customer's
standard monthly rate.
5. Any hands-on labor necessitated by the customer
(including, but not limited to, re-installing the operating system on the
server) shall be performed by Nabtech and shall incur an additional one-time
labor fee of $120 for each incident.
6. Nabtech reserves the right to
alter the dedicated server packages advertised on its website at its discretion.
Nabtech is not required to upgrade Customers' hardware or bandwidth allocation
as a result of a pricing or service package change. There will be an additional
charge of $250 associated with any such hardware upgrade requested by
Customer. Customer will not be required to upgrade hardware as a result of a
pricing change.
7. For managed servers, Nabtech is responsible for the
security of the network, the kernel, and the base operating system (defined as
the standard set of debian packages that come installed with the server).
Nabtech may take any steps it deems necessary at any time to protect the
security of your server (this generally includes applying security patches as
well as upgrading the entire operating system).
8. For unmanaged servers not
using a "NabtechCatcher" monitoring option, Customer is responsible for keeping
the security of their system up to date. This includes but is not limited to the
following requirements:
The kernel will be patched within 7 days of any
announced security hole relating to the kernel
Any security patches for all
installed software must be applied within 7 days of their general announcement
to the security community at large.
9. Nabtech is not responsible for
notifying unmanaged servers of the need to apply patches. Failure to comply with
these requirements is grounds for termination of contract without refund.
Nabtech reserves the right to take any action upon unmanaged dedicated servers
it deems necessary at any time to protect the security and integrity of
Nabtech's network.
Age
1. The Customer certifies that they are at least 18 years of age, or that
their parent or legal guardian will act as the "customer" in terms of this
contract.
Termination
1. This contract may be terminated by either party, without cause, by giving
the other party 14 days written notice. Nabtech will accept termination by
electronic mail. Notwithstanding the above, Nabtech may terminate service under
this contract at any time, without penalty, if the Customer fails to comply with
the terms of this contract, including non-payment. Nabtech reserves the right to
charge a reinstatement fee.
Limited
Liability
1. Customer expressly agrees that use of
Nabtech's Services is at Customer's sole risk. Neither Nabtech, its employees,
affiliates, agents, third party information providers, merchants licensers or
the like, warrant that Nabtech's Services will not be interrupted or error free;
nor do they make any warranty as to the results that may be obtained from the
use of the Services or as to the accuracy, reliability or content of any
information service or merchandise contained in or provided through Nabtech
Services, unless otherwise expressly stated in this contract.
2. Under no
circumstances, including negligence, shall Nabtech, its offices, agents or
anyone else involved in creating, producing or distributing Nabtech's Server
service be liable for any direct, indirect, incidental, special or consequential
damages that result from the use of or inability to use Nabtech’s Services; or
that results from mistakes, omissions, interruptions, deletion of files, errors,
defects, delays in operation, or transmission or any failure of performance,
whether or not limited to acts of God, communication failure, theft, destruction
or unauthorized access to Nabtech’s records, programs or services. Customer
hereby acknowledges that this paragraph shall apply to all content utilizing
Nabtech’s Services.
3. Notwithstanding the above, Customer's exclusive
remedies and Nabtech’s total liability for all damages, losses and causes of
actions whether in contract, tort including negligence or otherwise, arising out
of or in connection with these Terms or from the use or inability to use the
Services, shall not exceed the aggregate amount which Customer paid to Nabtech
during the six (6) months immediately preceding the claim.
Promotional Codes
- Referral Indication Waiver: By using a promotional ("promo") code, you waive the option to indicate who referred you to Nabtech. This means you forfeit the opportunity to specify any referral source or person who recommended you to our services.
- Promo Code Submission Limitations: You may not change or submit a promo code or referrer after you've completed the signup process. Ensure that you input the correct promo code or referral information before finalizing your registration, as no modifications will be allowed post-signup.
- Eligibility for New Customers: Promo codes and referral benefits are intended for new customers only. If you utilize a promo code, you are restricted from hosting any domain that has been previously hosted with Nabtech on your account. This policy ensures that the benefits of promotional offers are exclusively available to genuinely new customers.
- Refund Policy: By using a promotional code, you are no longer entitled to refunds. Utilizing a promo code signifies your agreement to forfeit any right to request a refund for the services procured under that promotional offer. This condition is non-negotiable and applies irrespective of the circumstances surrounding your request for a refund.
Indemnification
1. Customer agrees that it shall defend, indemnify, save and hold Nabtech
harmless from any and all demands, liabilities, losses, costs and claims,
including reasonable attorneys' fees, ("Liabilities") asserted against Nabtech,
its agents, its customers, servants officers and employees, that may arise or
result from any service provided or performed or agreed to be performed or any
product sold by Customer,its agents, employees or assigns. Customer agrees to
defend, indemnify and hold harmless Nabtech against Liabilities arising out of
1. any injury to person or property caused by any products sold or otherwise
distributed in connection with Nabtech's Server;
2. any material supplied by
Customer infringing or allegedly infringing on the proprietary rights of a third
party;
3. copyright infringement;
4. any defective product which Customer
sold on Nabtech’s servers.
Sanctioned
Countries
Customer agrees to comply with all applicable
export and reexport control laws and regulations. Department of Commerce, trade
and economic sanctions. Specifically, Customer covenants that it shall not –
directly or indirectly – sell, export, re-export, transfer, divert, or otherwise
dispose of any products, software, or technology (including products derived
from or based on such technology) received from Nabtech Digitalnet Limited under this
Agreement to any destination, entity, or person prohibited by the laws or
regulations of Nigeria, without obtaining prior authorization from the competent
government authorities as required by those laws and regulations. Customer
agrees to indemnify, to the fullest extent permitted by law, Nabtech from and
against any fines or penalties that may arise as a result of Customer's breach
of this provision. This export control clause shall survive termination or
cancellation of this Agreement.
Other
Terms and Policies
Customer agrees to abide by the terms
set forth in this Terms of Service as well as other Nabtech policy documents
including, but not limited to the following, each of which are incorporated
herein by reference, and together with the Terms of Service, constitute the
entire agreement of the parties:
Anti-Spam Policy
Privacy PolicyReseller Master AgreementCustomer also agrees to
abide by all applicable terms set forth by all Nabtech partners and
subsidiaries.
Partner Product Terms
G Suite and Google Workspace: By
utilizing Nabtech’s partnered Google Workspace (formerly known as G Suite)
service, you agree to the
Google Workspace Terms of Service.
Let’s Encrypt: By utilizing a
Let’s Encrypt Certificate, you agree to the
Let’s Encrypt Subscriber Agreement.
Contract Revisions
As
Nabtech evolves, we may modify these Terms from time to time to reflect changes
in our business. These modifications may include cancellation of outdated
products or Services, additional fees, and changes to our policies among others.
In some instances, we may provide you with additional notice of updates
including but not limited to adding a statement to the website, via the
newsletter, or sending you an email notification. However, it is your
responsibility to periodically check for the current version of our Terms by
visiting this page (and other pages referenced in the Terms).
If
you continue to use or access the Services after the effective date set forth
above, you agree to be bound by any revised Terms, and all other terms or
policies incorporated herein either directly or by reference.
Transfer
Customer may not
assign or transfer Customer’s rights or obligations under these Terms without
the written consent of Nabtech.
Governing Law
The Terms and the resolution of any
disputes shall be governed by and construed in accordance with the laws of Edo
Sate, without regard to its conflict of laws principles.