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Terms & Conditions

General Terms of Service

Please read these Terms of Service (“Terms”), which set forth the legally binding terms and conditions between you and SMEWEBHOST Limited (“SMEWEBHOST” or the “Company”). It governs your access to and the use of the website (“Site”) and services (the “Service”) 

Our collection and use of personal information in connection with your access to and use of the Service is described in our Privacy Policy.

Acceptance of Terms

Your access to the use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Service (collectively referred to as “Users”) and all applicable laws and all conditions or policies referenced here. The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms and all other operating rules, policies, and procedures that may be published on the Site by the Company, which are incorporated by reference, including operating rules, policies, and procedures of third-party services providers to the Site that are referenced herein. These Terms apply to every user of the Service. In addition, some Services offered through the Site may be subject to additional terms and conditions adopted by the Company. Your use of those services is subject to those additional terms and conditions, which are incorporated into these Terms by this reference.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the Terms then you may not access the Service. 

Additional Policies and Agreements

The use of our Services is also determined by the following policies, which are included by reference. By using our Services, you also agree to the terms of the other policies listed on the terms and policies menu.

Additional terms may also apply to certain Services and are combined by reference as applicable in these Terms.

User Agreement

Agreeing to SMEWEBHOST’s Acceptable Use Policy and Terms of Service is mandatory for using our services and this guides the usage of these services. 

During the term of its agreement with SMEWEBHOST, the User must ensure that the use of any resource offered to the User or owned or controlled by SMEWEBHOST (“Service”) conforms with SMEWEBHOST’s current Acceptable Use Policy (“AUP”). SMEWEBHOST may modify, without prior notice, the AUP as SMEWEBHOST deems appropriate; such modified AUP is effective upon posting on SMEWEBHOST’s website. 

If any of these is infringed, we reserve the right to suspend such violating websites without prior notice.

We don’t allow “high-yield investment programs” (HYIP) websites (Ponzi). This is as well as sites relating to extreme money-making, gambling, e-gold doublers, etc.

The Company reserves the right, at its sole discretion, to modify or replace these Terms from time to time by posting the updated terms on the Site. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service.  Your continued use of the Service following the posting of any changes to the Terms of Use will indicate your acknowledgment of such changes and agreement to be bound by the terms and conditions of such changes.

The Company reserves the right to change, suspend, or discontinue the Service (including, but not limited to, the availability of any feature, database, or content) at any time for any reason. The Company may also impose limits on certain features and Services or restrict your access to parts of or the entire Site without notice or liability.

 

Account

In order to initiate and commence the use of our Services, all Users must register an account (“Account”). 

All Users, whether registering an account as an individual or a company shall be required to include the names of natural persons in the first and last name column.

If you are registering an Account for a company or other legal entity, you must include the name of a natural person as well as the name of the company you represent. You represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

You must provide accurate, current, and complete information during the registration process and always keep your Account profile page information up-to-date.  

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.

You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.

You are liable for any and all activities conducted through your Account unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

When you create an account with us, you must provide us with information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.

We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. You can make payment via bank transfer or through any of our online payment options. If you choose to make payment via cash deposit, we will request additional KYC information for security reasons before activating the service you paid for. Please note that this KYC process will only be done per client account.

It is your responsibility to provide us with an email address that is not a webmail account @ the domain(s) (e.g. mail@yourdomain.com) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. If you have a domain name registered with SMEWEBHOST, it is your responsibility to ensure that the contact information for your domain account and your actual domain name(s) is correct and up-to-date. SMEWEBHOST is not responsible for a lapsed registration due to outdated contact information being associated with the domain. If you need to verify or change this information, you should contact our support team via email via support@SMEWEBHOST.com. Providing false contact information of any kind may result in the termination of your account.

You are responsible for your sites and all sites that you host to be in accordance with all rules on this page. Misuse by you may result in actions on your account, including removal from the host with/without notice and without a refund.

Representations and Warranties

Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;

  • you are over the age of 18 years;
  • you are of sound mind and have the capacity to enter into a legally binding contract and these Terms; 
  • all personal information that you provide about yourself is accurate and true to the best of your knowledge;
  • you hold a bank account with a licensed financial institution in your own name and will use this account to transfer money to our account when you conduct transactions on the Site;
  • if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust or partnership, you are legally authorised to do so and we may request evidence of such legal authorisation (by way of a copy of any document which shows the valid and subsisting authorisation); and
  • you are not breaching any laws or regulations that are applicable to you or any company, trust or partnership upon whose instructions you are acting;
  • you are the owner of, and responsible for all content or information residing on, or obtained, or transmitted via, the Service, regardless of whether such use is by Customer.
Domain Name Registration

Before purchasing a domain name on our Site, you are required to ensure that the domain name does not infringe on any domain name, trademark, or tradename of a third party. 

Any domain name and trademark dispute regarding your domain name will be resolved in accordance with our Trademark/Copyright Infringement Policy.

Transfers  from Other Providers

Upon your request, our transfer team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data. Whilst we will endeavour to assist with the transfer, in some cases, we may be unable to assist you in the transfer of data from an old host.

The free transfer services are available for 30 days from your signup date. Transfers outside of the 30-day free period will incur a charge; please contact us at support@SMEWEBHOST.com with specific details to receive a price quote.

Transfers  of Registered Accounts and Websites

In order to access the account of any of our registered clients or have the account transferred to you or another registrar, we will require you to establish your relationship with our registered client. When you have established your relationship with our registered client, we will notify the registered client of your request. Upon receiving the written consent of the registered client to transfer the account to you and upon receiving a signed indemnity letter from you, we will transfer the website to you or your preferred registrar. 

Where you claim that your website was developed by any of our registered clients, we will require the registered client’s written consent to transfer the website either to you or another registrar.

Where you claim that the registered client is dead, we will require you to provide us with the registered client’s death certificate. Upon providing us with the death certificate, you will need to sign a letter of undertaking and indemnity and depose to an affidavit stating that they are assuming responsibility for the account and would indemnify SMEWEBHOST from all liability. 

Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of the Company. The Service is protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.

User shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.

If you choose to provide technical, business or other feedback to the Company concerning the Site or the Services (collectively, “Feedback”), the Company will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations.  You understand and agree that the incorporation by the Company of Feedback into any of its products or services does not grant you any proprietary rights therein.

Prohibited Activities

Users shall not utilize the Site or the Services in connection with any transaction that is illegal or involves any illegal items or is for any illegal purpose. 

SMEWEBHOST, in its sole discretion, may refuse to complete any transaction that SMEWEBHOST has reason to believe is unauthorized or may violate any law, rule, or regulation.

In addition, if any transaction cannot be completed for any reason, including cancellation by SMEWEBHOST for any reason, SMEWEBHOST will notify each User in such transaction by e-mail, to the e-mail address each has provided on the Site.

You are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Site, you will not and will not assist or enable others to:

  • breach or circumvent any applicable laws or regulations, agreements with third-parties, third-party rights, or our Terms;
  • use the Site or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms or in a manner that falsely implies endorsement, partnership, or otherwise misleads others as to your affiliation with SMEWEBHOST;
  • copy, store or otherwise access or use any information, including personally identifiable information about any other User, contained on the Site in any way that is inconsistent with SMEWEBHOST’s Privacy Policy or these Terms or that otherwise violates the privacy rights of Users or third parties;
  • use the Site in connection with the distribution of unsolicited commercial messages (“spam”);
  • use the Site with the intention to circumvent any Service Fees or for any other reason;
  • request, accept or make any payment for Property outside of the Site. If you do so, you acknowledge and agree that you: (i) would be in breach of these Terms; (ii) accept all risks and responsibility for such payment, and (iii) hold SMEWEBHOST harmless from any liability for such payment;
  • discriminate against or harass anyone on the basis of race, tribe, origin, religion, gender, physical or mental disability, medical condition, marital status, or age, or otherwise engage in any abusive or disruptive behaviour;
  • use, display, mirror, or frame the SMEWEBHOST platform or Collective Content, or any individual element within the SMEWEBHOST platform, SMEWEBHOST’s name, any SMEWEBHOST’s trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the SMEWEBHOST platform, without SMEWEBHOST’s express written consent;
  • dilute, tarnish or otherwise harm the SMEWEBHOST brand in any way, including through unauthorized use of Collective Content, registering and/or using SMEWEBHOST or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering and/or using domains names, trade names, trademarks or other source identifiers that closely imitate or are confusingly similar to SMEWEBHOST domains, trademarks, taglines, promotional campaigns or Collective Content;
  • use any robots, spider, crawler, scraper, or other automated means or processes to access, collect data or other content from or otherwise interact with the SMEWEBHOST platform for any purpose;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by SMEWEBHOST or any of SMEWEBHOST’s providers or any other third party to protect the SMEWEBHOST platform;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the SMEWEBHOST platform;
  • take any action that damages or adversely affects, or could damage or adversely affect the performance or proper functioning of the SMEWEBHOST platform;
  • violate or infringe anyone else’s rights or otherwise cause harm to anyone.

You acknowledge that SMEWEBHOST has no obligation to monitor the access to or use of the Site by any User or to review, disable access to, or edit any User Content, but has the right to do so to (i) operate, secure, and improve the Site (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Users’ compliance with these Terms; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that it determines is harmful or objectionable, or (v) as otherwise set forth in these Terms. Users agree to cooperate with and assist SMEWEBHOST in good faith and to provide SMEWEBHOST with such information and take such actions as may be reasonably requested by SMEWEBHOST with respect to any investigation undertaken by SMEWEBHOST or a representative of SMEWEBHOST regarding the use or abuse of the SMEWEBHOST platform.

If you feel that any User you interact with, whether online or in-person, is acting or has acted inappropriately, including but not limited to any one who (i) engages in offensive, violent, or sexually inappropriate behaviour, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to SMEWEBHOST by contacting us with your police station and report number (if available); provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.

The use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. Any account found to be in violation of another’s copyright will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated from our hosting. If you believe that your copyright or trademark is being infringed upon, please email abuse@SMEWEBHOST.com with the information required. If the request is of a licensing issue, we may require further documentation.

Examples of unacceptable material on all Shared and Reseller servers include:

  • Topsites
  • IRC Scripts/Bots
  • Proxy Scripts/Anonymizers
  • Pirated Software/Warez
  • Image Hosting Scripts (similar to Photobucket or Tinypic)
  • AutoSurf/PTC/PTS/PPC sites
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Banner-Ad services (commercial banner ad rotation)
  • File Dump/Mirror Scripts (similar to RapidShare)
  • Commercial Audio Streaming (more than one or two streams)
  • Escrow/Bank Debentures
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • MUDs/RPGs/PBBGs
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Forums and/or websites that distribute or link to warez/pirated/illegal content for which you don’t hold usage or distribution rights
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com) and activities of any kind.
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
  • Tell A Friend Scripts
  • File upload, sharing, archive, backup, mirroring, or distribution services
  • Website-primarily created to distribute large documents, images, videos, or drive traffic to other sites.
  • Heavy websites that may over-utilize bandwidth or resources (RAM, CPU, etc)
  • Torrent software
  • Network Daemons
  • Abusive scripts, processes
  • Adult Thumbnail Galleries / Banner Exchanges

Examples of unacceptable material on all Dedicated servers include:

  • IRCD (IRC servers)
  • IRC Scripts/Bots
  • Pirated Software/Warez
  • IP Scanners
  • Bruteforce Programs/Scripts/Applications
  • Mail Bombers/Spam Scripts
  • Escrow
  • High-Yield Interest Programs (HYIP) or Related Sites
  • Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
  • Sale of any controlled substance without prior proof of appropriate permit(s)
  • Prime Banks Programs
  • Lottery/Gambling Sites
  • Hacker focused sites/archives/programs
  • Sites promoting illegal activities
  • Bank Debentures/Bank Debenture Trading Programs
  • Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
  • Mailer Pro
  • Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)

SMEWEBHOST services, including all related equipment, networks, and network devices are provided only for authorized customer use. SMEWEBHOST systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability, and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. Use of SMEWEBHOST system(s) constitutes consent to monitoring for these purposes.

Any account found connecting to a third-party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control must be with expressed written consent from the third party. SMEWEBHOST may, at its discretion, request and require documentation to prove access to a third-party network or system is authorized.

We reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice.

Any violation as stated above may result in the suspension or termination of your services with or without notice. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours.

Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography. Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.

Resellers: We will suspend the site in question and will notify you so you may terminate the account. We will further monitor your activity; more than one infraction of this type may result in the immediate termination of your account.

Direct customers: Your services will be terminated with or without notice.

It is your responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. When at all possible, set permissions on most directories to 755 or as restrictive as possible. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.

Zero Tolerance Spam Policy

We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and purchased lists will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.

Payment Information

You agree to supply appropriate payment for the services received from SMEWEBHOST, in advance of the time period during which such services are provided. You agree that until and unless you notify SMEWEBHOST of your desire to cancel any or all services received, those services will be billed on a recurring basis.

As a client of SMEWEBHOST, it is your responsibility to ensure that your payment information is up to date and that all invoices are paid on time. You agree that until and unless you notify SMEWEBHOST of your desire to cancel any or all services received (by the proper means listed in the appropriate section of the Terms of Service), those services will be billed on a recurring basis unless otherwise stated in writing by SMEWEBHOST.

It is the customer’s responsibility to notify our billing team via email at billing@SMEWEBHOST.com after paying for a product/service renewal and to ensure the email is received and acted upon. Product/service renewal notices and invoices are provided as a courtesy reminder and SMEWEBHOST cannot be held responsible for failure to renew a product/service or failure to notify a customer about a product/service renewal.

No refunds can be given, once a domain is renewed. All domain registrations and renewals are final.

SMEWEBHOST reserves the right to change any product/service fee and any other charges at any time.

Backups and Data Loss

Your use of this service is at your sole risk. SMEWEBHOST is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on SMEWEBHOST servers. You may refer to our backup policy for more information about backups.

Promotional Terms

If you purchased a product/service during a promotion or bundled with a free product (i.e a domain name) and you fail to renew it before the date of expiration or a change is made to the billing cycle of the product during the promotional period, the terms of the promo or free product become void. The free product will be charged at the standard renewal rate of the then-current price of the product.

Domain name promo discount offers do not apply to renewals, transfers, premium domains, trademark domains, and pre-registration domain fees except otherwise stated in the promotional communication.

Cancellations and Refunds

SMEWEBHOST reserves the right to cancel, suspend, or otherwise restrict access to the account at any time with or without notice.

Any abuse of our staff in any medium or format will result in the suspension or termination of your services.

Only first-time accounts are eligible for a refund. For example, if you’ve had an account with us before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with us.

Violations of the Terms of Service will waive the refund policy.

Resource Usage
  • User may not:
    • Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include CGI scripts, FTP, PHP, HTTP, etc.
    • Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
    • Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
    • Run any software that interfaces with an IRC (Internet Relay Chat) network.
    • Run any bit torrent application, tracker, or client. You may link to legal torrents off-site but may not host or store them on our shared servers.
    • Participate in any file-sharing/peer-to-peer activities
    • Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
    • Run cron entries with intervals of less than 15 minutes.
    • Run any MySQL queries longer than 15 seconds. MySQL tables should be indexed appropriately.
    • When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include (“http://yourdomain.com/include.php”) use include (“include.php”)
    • To help reduce usage, do not force HTML to handle server-side code (like PHP and SHTML).
    • Only use HTTPS protocol when necessary; encrypting and decrypting communications is noticeably more CPU-intensive than unencrypted communications.
  • INODES
    The use of more than two hundred and fifty thousand (250,000) inodes on any shared or reseller account may result in a warning, and if no action is taken to reduce the excessive use of inodes, your account may be suspended. If an account exceeds one hundred thousand (100,000) inodes it will be automatically removed from our backup system to avoid over-usage, however, databases will still be backed up as a courtesy in our sole discretion. Every file (i.e. a webpage, image file, email, etc.) on your account uses up one (1) inode.
    User accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes is typically due to Users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build-up, eventually pushing the account past an acceptable amount of inodes. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: “:fail: No such user here”
Bandwidth Usage

You are allocated a monthly bandwidth allowance. This allowance varies depending on the hosting package you purchase. Should your account pass the allocated amount we reserve the right to suspend the account until the start of the next allocation, suspend the account until more bandwidth is purchased at an additional fee, suspend the account until you upgrade to a higher level of package, terminate the account and/or charge you an additional fee for the overages. Unused transfer in one month cannot be carried over to the next month.

Reseller: Client Responsibility

Resellers are responsible for supporting their clients. SMEWEBHOST does not provide support to our Reseller’s Clients. If a reseller’s client contacts us, we reserve the right to place the client account on hold until the reseller can assume their responsibility for their client. All support requests must be made by the reseller on their clients’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller account and the actions of their clients’. SMEWEBHOST will hold any reseller responsible for any of their clients’ actions that violate the law or the terms of service.

Shared (non-reseller accounts) / Semi-Dedicated Servers

Shared accounts may not resell web hosting to other people if you wish to resell hosting you must use a reseller account.

Price Change

We reserve the right to change prices listed on the SMEWEBHOST website, and the right to change the number of resources given to plans at any time.

Indemnification

You agree to indemnify and hold harmless SMEWEBHOST, its affiliates and subsidiaries, its officers, directors, employees, and agents, against all liabilities, costs, expenses, damages, and losses (including any direct, indirect, or consequential losses, loss of profit, loss of reputation and all interest penalties and legal and other reasonable professional costs and expenses) suffered or incurred as a result of: 

  • your fraudulent or illegal use of the Services or the Site;
  • your negligence or any default by you of any of these Terms;
  • any inaccurate or incomplete information that you have knowingly provided to us;
  • your allowing any other person to access your account either with your permission or as a result of your failure to keep your username and password private;
  • any service that you have offered, whether with or without our permission, to another third party using the Company’s Services or Website;
  • any claim made against you for actual or alleged infringement of the Company’s Intellectual Property Rights or any actual or alleged infringement of a third party’s Intellectual Property Rights arising out of or in connection with the Services or your use of the Site
Limitation of Liability

In no event shall SMEWEBHOST, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

SMEWEBHOST, its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.

Disclosure to law enforcement

SMEWEBHOST may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. We will cooperate fully with law enforcement agencies.

Changes to the TOS

SMEWEBHOST reserves the right to revise its policies at any time without notice.

Link to Other Websites

Our Service may contain links to third-party websites or services that are not owned or controlled by SMEWEBHOST.

SMEWEBHOST has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that SMEWEBHOST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such web sites or services.

We strongly advise you to read the Terms and privacy policies of any third-party websites or services that you visit.

Termination

We may terminate or suspend your access to the Services, in whole or in part, including deletion or confiscation of all files, content, and/or domain name registrations, without notice in the event that:

you fail to pay any fees due hereunder to SMEWEBHOST;

  1. you violate the terms and conditions of this Agreement;
  2. your conduct may harm SMEWEBHOST or others, cause SMEWEBHOST to incur liability, or disrupt its business operations (as determined by SMEWEBHOST in its sole discretion);
  3. you are abusive toward our staff in any manner; or
  4. for any other lawful reason, including to comply with applicable law, or as otherwise specified in this Agreement.

In such an event, your right to use the Service will immediately cease and we will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

Governing Law

These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

Dispute Resolution

Any disputes arising under or in connection with the validity, interpretation, and performance of these Terms between SMEWEBHOST and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days shall be resolved by Arbitration at the Lagos Court of Arbitration (LCA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.

The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the LCA to appoint an arbitrator. Arbitration proceedings shall be conducted in Lagos. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties. 

Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.

Feedback

We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the SMEWEBHOST Site or Services. You may submit Feedback by emailing us, through the contact section of the Site, or by other means of communication. Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you.

Important Notice For Affiliates

There are terms and conditions for clients who would like to be part of our affiliate system.

  • The affiliate is credited with an initial sum of N500 for subscribing to our Affiliate System.
  • The affiliate gets up to 15% on every paid shared hosting account (Web hosting, WordPress hosting, Python hosting & NodeJS), email hosting & site builder, as well as up to 5% on every paid reseller hosting account after 10 maturation days by or from each identified visitor from your website or using your unique Affiliate Link.
  • The affiliate can only withdraw after the N3000 mark is reached. The affiliate may decide however to keep the money in the system.
  • Money withdrawn by the affiliate will be paid on a weekly basis and shall be paid every Tuesday via bank transfer into any bank account in Nigeria.
  • Money withdrawn would be paid to an account with the name of the affiliate.
  • Two or more affiliate accounts cannot be combined.
  • You cannot refer yourself.
  • If your referral cancels or is refunded for his/her product or service, you will have to refund any commission paid by SMEWEBHOST, within 30 days. Otherwise, it will be deducted from the related commission in your account or the next payment.
  • Ensure that your Affiliate Link is set up properly to qualify for commissions, as this allows SMEWEBHOST to identify or track visitors originating from you.
  • If you refer someone who has made a payment for a service but did not use your unique affiliate link, simply ask the referral to send us a mail stating your email address and that you referred them.
  • We offer commissions or ONLY new/fresh orders and not for the renewal of services.
Bulk Email

Customers sending bulk email must provide recipients with an easy and effective mechanism for removal from the bulk email list. The customer must include the source of the addressee’s address in each bulk email message.

CPU Usage

Sites may not use extreme unwarranted CPU usage. This includes the usage of “heavy” scripts or Flash/shockwave files. By heavy we mean oversized without cause, to the point where most users would be unable to view them in a reasonable amount of time. No single site may consume 30% of CPU usage for a sustained period of time.

File repository / Dump Sites

Customers may not use disk space as a file repository or dumpsite. This includes but is not limited to; warez, serials, sound files, applications, zip files. This includes using the space in order to store content used on other sites (remote linking). Examples of this would be using the webspace to store images for auction descriptions, flash, or any other files used on another site but stored on our server.

Violation of Rules

Breaking any of these aforementioned rules may result in immediate account suspension with or without notice and also without refund, as well as criminal prosecution where deemed necessary.

Contact Us

If you have any questions about these Terms, please contact us at legal@SMEWEBHOST.com.

 

Refund Policy

 

SMEWEBHOST will process all refund requests in line with this Refund Policy.

Note that SMEWEBHOST may vary this Refund Policy at any time. If we vary this Refund Policy, we will provide notice by publishing the varied Refund Policy on our Website. You accept that by doing this, SMEWEBHOST has provided you with sufficient notice of the variation to its Refund Policy. Your continued use of our Website will be deemed as acceptance of the varied terms by you.

To request a refund, you must submit a service cancellation request through by sending an email to billing@SMEWEBHOST.com or opening a support ticket via your SMEWEBHOST client area within the time stipulated in this Refund Policy for the relevant service you wish to cancel.

General Refund Process
  1. Service(s) must be cancelled before a refund can be issued
  2. You will not be entitled to a refund if your domain name has been flagged as suspicious, is considered to be registered for improper use, or is registered in breach of our Terms of Service.
  3. You will not be entitled to a refund if your service is suspended or terminated as a result of a breach of our Terms of Service.
  4. You will not be entitled to a refund if your service is downgraded.
  5. All eligible refunds will be automatically credited to your client account with SMEWEBHOST, unless you specifically request for a cash refund. Money refunded into your client account can be used at a later date to pay for other products and services. You can view your credit balance by logging into your client account and going to the “Available credit” section on your client area dashboard.
  6. If you have requested a cash refund, SMEWEBHOST will only give such a refund where the account details you have provided for the refund are an exact match with that from which we received your payment. In event of any discrepancy in the account details, an eligible refund will only be made into your client account.
  7. Requests for cash refunds will be processed and completed within a minimum of 5 days and a maximum of 15 days from the date of request. All cash refund requests are subject to an administrative fee which will be deducted from the amount to be refunded to you. In the event that the amount to be refunded is less than the administrative fee i.e bank charges, you will only be entitled to a refund into your client account.
  8. Unless you specifically request a cash refund, purchases made via any online payment gateway processor i.e Quickteller, Paystack, Rave, Paypal, etc may be refundable via the source of payment and SMEWEBHOST is not responsible for any additional charges imposed by the online payment processing company.
  9. On no account will the same product or service be entitled to a refund more than once.
Overpayment

If we become aware that you have overpaid for any product or service, we will automatically credit the amount of that overpayment to your SMEWEBHOST account where you can use it to pay for other products or services at a later date. You will be able to see this credit by logging into your account and going to the Available credit section on your client area dashboard.

If you wish for an overpayment to be refunded to your bank account, you must send a request for a refund to billing@SMEWEBHOST.com The request must give required details including the invoice number for which the overpayment was made, date of payment, method of payment (including, where applicable, bank details from which payment was made) and amount of overpayment.

Once we have received your request, it will be dealt with in accordance with this Refund Policy.

Web Hosting
  1. Annual shared hosting and reseller hosting purchases must be cancelled within 30 days of purchase to be eligible for a full refund.
  2. Cancellation requests for monthly, quarterly, and semi-annual web hosting plans must be made within 72 hours of purchase to be eligible for a refund.

The money-back-guarantee does not apply to most add-on products, such as domains, given the unique nature of their costs.

Web Hosting with Domain Registration
  1. If you have purchased an annual web hosting package with free domain registration, you may cancel your purchase and request a refund within the 30 days from the date of purchase. Please note that domain registrations are not covered under this money-back guarantee and are non-refundable therefore, the market value cost of the domain registration in your web hosting package will be deducted from the amount to be refunded to you.
SSL Certificates
  1. Comodo & Certum SSL Certificates which have been issued must be cancelled within 5 days of purchase to be eligible for a refund.
  2. For certificates that have been purchased but not yet issued, it can be cancelled and refunded only if you request cancellation within 30 days from the purchase date.
  3. If the cancellation/refund request for an issued or non-issued certificate is submitted after the stipulated grace periods are over, the refund will not be honoured.
Non-Refundable Products and Services

The following products and services are non-refundable once purchased:

  1. Virtual Servers
  2. Domain registrations, transfers & renewals
  3. Cloud hosting
  4. Local servers
  5. SiteLock
  6. CodeGuard
  7. SpamExperts email filter
  8. Bizgrowth Projects
  9. Website Projects
  10. SiteBuilder
  11. Google Workspace
  12. Microsoft 365
  13. Email Hosting
  14. Cpanel Cloud Hosting

Despite domain names are non-refundable, there is one exception. In the case of an unsuccessful attempt to either register or transfer a domain name, the fees will be automatically credited into your client account.

Refund for services that have not yet been installed or setup after one month of purchase will be automatically credited into your client account and this may be used to either repurchase the same service or other services.

Payments Issues

If you mistakenly made any payment in error (e.g. Double payment for an invoice, enabling of automated payment, wrong transfer of funds, debited more than once on a transaction, etc) we will automatically credit the amount of that overpayment to your SMEWEBHOST client account where you can use it to pay for other products or services at a later date. You will be able to see this credit by logging into your account and going to the “Available credit” section on your client area dashboard.

If you wish for this payment made in error to be refunded you must send a request for a refund to billing@SMEWEBHOST.com. The request must give required details including date of payment, method of payment (including, where applicable, bank details from which payment was made or transaction ID for online payment), invoice number where applicable, and amount of payment.

If you have an issue with online payments or other payment charges, you should contact us regarding the issue before you contact your bank or the payment processing company(e.g Quickteller, Paypal, Paystack, Rave, etc) to request a chargeback or reversal of the charges.

Once we have received your request, it will be dealt with in accordance with this Refund Policy.

How to Cancel your Web Hosting Account

Cancel your account by following the steps below:

  1. Login to your client area and click on the Services->My Services
  2. Click on the View Details button beside the service you would like to cancel
  3. Click on Management Actions tab and then click on the Request Cancellation link
  4. You will receive an automatic reply confirming we have your request.
  5. Wait for a separate cancellation-confirmation email(up to 48 hours later).
  6. Reply back to the cancellation-confirmation email and ask for your refund.
  7. You must get written confirmation from SMEWEBHOST stating the amount of your refund and requesting your account details.
  8. Please allow up to 15 days for your account to be refunded.

Fair Usage Policy

The use of SMEWEBHOST’s products and services are governed by a Fair Use Policy, stated here, which covers the fair use of our different hosting packages (i.e shared hosting, hosting reseller and wordpress hosting plans etc) bundled with limited or unlimited resources like disk space, data transfer/bandwidth, email accounts, databases and/or other resources, etc both in Nigeria and globally.

These plans are affordable because it allows many different customers to make use of the same underlying server and it will be unfair to disturb other users on the same server with your activities as it does of course have its limits.

Using any of these hosting plans under this policy primarily for online file storage (like Google Drive, Microsoft Onedrive, Dropbox etc), electronic files archiving, video or audio streaming (like Youtube etc) is prohibited. You can store the files on third party online storage sites and embed the links on your website. It is safe and legal under applicable law to upload files only directly linked to, related to and displayed on your website.

This policy provides customers with unlimited resources as they wish to use without any additional charge as their site visitors increases. Customers may use this features for any purpose as they like other than those unacceptable as stated in the Acceptable Use Policy and must stay within reasonable standards of fair use. If your site is poorly optimised, continually gets hacked or is causing issues for others on the shared servers (i.e excessive CPU, RAM, inodes or disk I/O usage, email storage per account), you will receive a notice warning upon reaching the threshold of the set limit. Usage beyond this limit may require an upgrade to a higher plan, virtual or cloud server in order not to affect other customers.

Should SMEWEBHOST deem a customer’s account as exceeding fair use of bandwidth or other resources which causes interference with other users on our servers, SMEWEBHOST will notify the customer and allow the customer to rectify the problem. However, should a customers’ resource usage be significantly greater than fair use, SMEWEBHOST reserves the right to suspend or terminate the customers account where appropriate. SMEWEBHOST will discuss the available options that could provide better service for the customer.

As a shared, reseller and wordpress hosting customer you share the total server resources such as disk space, bandwidth and other resources with other customers. In order to ensure fast & reliable service to you and all of our clients, any hosting account (i.e shared hosting, hosting reseller and wordpress hosting etc) that adversely affects the server or network performance on our shared servers must correct these issues or will be asked to upgrade to a virtual or cloud server in order not to affect other clients.

This is good news and it means your site is getting popular and you’ve outgrown the capabilities of shared hosting, having greater control over the software stack and being able to assign more resources to your site means you’ll be able to continue to provide a great experience to your customers/visitors as your business grows.

SMEWEBHOST reserves the right to add or modify the terms presented here. On this website, the terms bandwidth and data transfer are used interchangeably.

Trademark/Copyright Infringement Policy

SMEWEBHOST Trademark/Copyright Infringement Policy

At SMEWEBHOST, we are committed to helping you protect your intellectual property. This policy has been established to help us consider your trademark and copyright infringement claims and support you in protecting your legal rights.

Domain Name Dispute Claims

This policy covers all disputes and violations involving SMEWEBHOST products and services excluding domain name disputes.

If you have any concerns or disputes about a registered domain name, please refer to the Uniform Domain Name Dispute Resolution Policy (the “UDRP”). All disputes regarding the registration of a domain name should be sent to an ICANN-approved arbitration provider. Disputes regarding .ng domain names should be referred to the Nigeria Internet Registration Association (NIRA) and would be resolved in accordance with the NIRA Complaints Policy.

Trademark Claims

To notify SMEWEBHOST of any trademark violation or submit a trademark claim, you (“Complaining Party”) can send us an email at abuse@SMEWEBHOST.com. The words “Trademark Claim” should be the subject of your email. Your email must contain the following information:

  • the name, address, email address and phone number of the owner of the trademark;
  • the trademark certificate or acceptance letter of the trademark that is claimed to be infringed;
  • the date on which the trademark was first used;
  • a description of the manner in which the owner believes its trademark is being infringed;
  • the name, address, email address and phone number of the person (individual, company, entity) against whom the claim is made; and
  • sufficient evidence that the infringing party is a SMEWEBHOST customer.

Upon receipt of the information above, SMEWEBHOST will investigate and forward the Complaining Party’s notification to the alleged infringer. While we investigate, we reserve the right to temporarily deny access to or remove the alleged infringing material from our website, or take any other appropriate measure.

If the Complaining Party has a legitimate claim, we reserve the right to permanently remove, suspend, deny access to the infringing material or take any other appropriate measure. If there is no legitimate claim, we will immediately restore access to the allegedly infringing material.

The contents of this Policy do not supersede the UDPR and the NIRA Complaints Policy in any manner, nor the obligation of SMEWEBHOST- an ICANN accredited registrar and its customers to abide by it in appropriate circumstances.

Copyright Claims

If you (“Complaining Party”) would like to submit a copyright claim, please send an email to abuse@SMEWEBHOST.com. The words “Copyright Claim” should be the subject of your email. Your email must contain the following information:

  • the copyrighted work claimed to have been infringed;
  • a copyright certificate; where the copyright has been registered;
  • the material belonging to a SMEWEBHOST customer that is allegedly infringing or is the subject of the infringing activity;
  • name, address, email address and phone number of the owner of the copyrighted work;
  • the name, address, email address and phone number of the person (individual, company,
    entity) against whom the claim is made; and
  • a statement by the copyright owner that he did not authorize the use of the copyright material in the manner complained of.

Upon receipt of the information above, SMEWEBHOST will investigate and forward the Complaining Party’s notification to the alleged infringer. While we investigate, we reserve the right to temporarily deny access to or remove the alleged infringing material from our website, or take any other appropriate measure.

If the Complaining Party has a legitimate claim, we reserve the right to permanently remove, suspend, deny access to the infringing material or take any other appropriate measure. If there is no legitimate claim, we will immediately restore access to the allegedly infringing material.

Counter Notification Policy

If you would like to challenge the notice of a trademark or copyright infringement which you have received on the basis that the material was removed or disabled by mistake or misidentification of the material to be removed or disabled, please send an email to abuse@SMEWEBHOST.com and include the following information:

  • the material that was removed or disabled and the location before it was removed or disabled;
  • a statement that the material was removed or disabled by mistake or misidentification
    of the material; and
  • your name, address, email address and phone number.

Upon receipt of your Counter Notification, SMEWEBHOST will immediately 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. SMEWEBHOST will replace the removed material and cease disabling access to it in not more than fourteen (14), business days following receipt of the Counter Notification, unless SMEWEBHOST 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 the infringing activity relating to the material on SMEWEBHOST’s system or network.

Repeated Infringement

In appropriate circumstances, SMEWEBHOST will terminate the accounts of customers who repeatedly violate this policy or infringe copyrighted works, trademarks or any other intellectual property.

Cybercrime Detection Policy

  1. Purpose 

At SMEWEBHOST Limited (“the Company”), we are committed to ensuring that domains registered and hosted on our platform, SMEWEBHOST.com (the “Platform”) are not used for fraudulent purposes.   

This policy sets out the processes put in place by the Company to prevent the hosting of suspicious and fraudulent domains and the processes put in place by the Company to detect fraudulent domains. 

This policy also outlines how complainants can resolve complaints on fraud or any other criminal allegations on domains hosted on the Platform.

  1. Scope 

This policy applies to all employees of the Company, visitors, and users of the Platform, registered clients (Registrants) and complainants.

  1. Fraudulent Domain

A fraudulent domain is any domain name that is being used to commit fraud or any other cybercrime. 

Examples of fraudulent domains are domains that are used for identity theft and impersonation, cyberterrorism, forgery, advance fee fraud, other computer-related fraud, and domains that have similar names to those of a bank or any renowned financial institution. 

The Company does not register or host fraudulent domains and where fraudulent domains are inadvertently registered or hosted, they are suspended as soon as the Company’s Abuse team detects such domains. 

  1. Fraud Prevention and Detection

The Abuse team performs routine monitoring of all registered domains weekly to detect any suspicious and fraudulent domains. Where any suspicious or fraudulent domain is detected, the Abuse team contacts the Registrant and requests for information pertaining to the nature of the Registrant’s business and the purpose of the domain. 

Where the Registrant provides the requested information to the Abuse team and they verify that the domain or service is being used for a legal purpose, the domain or service will not be suspended. Where the Registrant is unable to provide the requested information within a period of 7 working days or establish that the domain or service is being used for an illegal purpose, the domain or service will be suspended. 

  1. Complaints 

Where there is any suspicion that a domain or service is being used for fraudulent purposes, an email should be sent to abuse@SMEWEBHOST.com. 

Upon receiving a complaint, the Abuse team will evaluate the nature of the complaint, notify the Registrant and suspend the domain or service where necessary. 

A Registrant’s contact information can only be provided by the Company to the complainant where there is an order from any law enforcement agency or court to release such information to the complainant and the Company shall comply with any order received from the court or any law enforcement agency. 

The Company, may, at its discretion and after evaluating the nature of the complaint, file a formal complaint to a law enforcement agency for the due investigation of the alleged fraud or crime. 

  1. Contact Information 

You can reach out to us via abuse@SMEWEBHOST.com to report any fraudulent activities for any Domain name registered or hosted on our platform.

Backup Policy

  1. Overview
    1. Backups are an important part of our website and email administration. When you backup your website’s files and configurations in a safe location, you can use them to restore your website’s files, information, and emails, in the event of any disruption to your website’s functionality or any data loss.
    2. Backups are not included by default as part of our services, though they are optional at an additional cost for some of our services. It is your sole responsibility as a customer to make backups of the information you store on our servers on a regular basis and save them in a separate location from your account. Using a shared account as a backup/storage device is not permitted. We recommend that you make use of reliable and offsite third-party backup services such as but not limited to CodeGuard, JetPack, etc to make backup copies of your website.
    3. Though we run periodic backups for some services, the availability of our backups is not guaranteed and we are not responsible for the loss of any customer’s data. We strongly recommend that you maintain periodic backups of your website’s information and store them in a secure location so that you have multiple options for recovering your data in the event of any loss. Our control panel also provides tools that allow you to take data, download and restore backups, etc.
    4. Kindly note that we do not have control or maintain any backups that can be restored on a per-server or per-package basis from our third-party partner.
  2. Shared Hosting
    1. SMEWEBHOST runs a comprehensive weekly backup of all shared hosting services. These services include but are not limited to Web Hosting, WordPress Hosting, Python Hosting, Node.JS Hosting, Reseller Hosting, and any other shared hosting service that we provide.
    2. You can also create, download, and restore backups in the control panel of your shared hosting account if your application was installed via Softaculous. We allow you to keep a maximum of 5 Softaculous backups or 15% of the storage size of your hosting account. Please do not take backups of your backups.
    3. You can request a copy of our backup or restoration of your account at any time provided your shared hosting account is active. If your account is suspended for overdue payment, you will need to renew it before you can have access to our backup. If you want to restore or have access to our copy of the backup of your terminated account, you will need to first contact us to confirm if a backup is available as they are overwritten weekly. If available, you will be required to pay a fee to retrieve the backup.
    4. We strongly recommend that you make use of reliable and offsite third-party backup services such as but not limited to CodeGuard or JetPack etc.
    5. All or part of your accounts if available can be restored by contacting us at billing@SMEWEBHOST.com.
    6. This does not include account renewal. If you, however, wish to renew the account further, the regular fee for account renewal will still be applicable.
  3. Enterprise Servers
    1. Backups on enterprise servers are not automatic but come as an optional addon service at an additional cost when you purchase a server. Once you pay for backup of the server, it will be enabled.
    2. For Cloud Hosting & MainOne Local Server, backups of your entire server are usually stored in the same datacenter as the server and taken once per week at the operating system level; i.e system databases, email, web files, all running OS-level applications, etc. Each backup is retained for a period of four (4) weeks and backups older than 30 days will be overwritten by a new backup.
    3. It is your sole responsibility as a customer to ensure you maintain a backup especially older copies of your server at a separate location from your server before it is overwritten. We do not guarantee that the backups of your server will always be available in instances where you may need to restore your website or database to its recent state prior to an editing error, an application upgrade, or for any other reason.
    4. For Dedicated and Virtual Servers, you can buy additional storage or another server and request backup configuration and we shall help set this up for you.
    5. For any active enterprise server, you can request for a restoration of the backup of your entire server to a previous date from any of the last four weekly backups taken if you paid for the backup service. Kindly note that you cannot request a partial restoration of some parts of your server as the backup is taken at the system level. If you do not pay for backup of your server, there will be no backup taken.
    6. For a terminated enterprise server, the backup is deleted immediately the server is terminated and cannot be retrieved. This means that if you allow your server to be terminated, you will lose all the contents of your server.
    7. For enterprise server related backup inquiries, send your request to technical@SMEWEBHOST.com
  4. Email Hosting
    1. Generally, for your emails (including webmail), we can only back up messages that are actually on our servers. If you read emails using an application like Outlook, Thunderbird, etc on your own computer and you’ve configured that e-mail application to delete messages from the server when you read them, your computer will have the only copy of the unread messages and it cannot be restored from our servers.
    2. Backup for our email hosting services aside from webmail are usually stored at the datacenter level and we do not have control over it.
    3. For the business & enterprise email hosting, if you require the backup of a suspended account, you will have to pay for the renewal. The account will remain suspended for 15 days after the due date before it is terminated and backups are only retained by the third-party partner for an additional 5 days after termination. To retrieve the backup of a terminated account, you will be required to pay an additional fee per email account to be restored but we advise that you contact us first via billing@SMEWEBHOST.com to confirm that a backup is still available.
  5. Changes to this Policy
    1. SMEWEBHOST reserves the right to revise its policies at any time with or without notice.
  6. Contact Us
    1. If you have any questions about this Policy, please contact us at legal@SMEWEBHOST.com

SMEWEBHOST’s Terms of Service for using SSL

This SSL Certificate Agreement (the “Agreement”) is made between SMEWEBHOST Limited (“SMEWEBHOST” or “Company”), a limited liability company and the Client who orders SMEWEBHOST Services (“Client” or “Customer” or “You” or “Your”). Each of SMEWEBHOST and Customer referred to as a “Party” and collectively as “Parties” under this Agreement.

This Agreement applies to the Client’s use of the Services and is governed by this SSL Certificate Terms of Service which include SMEWEBHOST General Terms of Service, Privacy Policy and the Terms of your Order which may have additional Product Terms and Conditions that apply to the particular services in your Order set forth on SMEWEBHOST’s website, as the same may be modified by SMEWEBHOST from time to time and all of SMEWEBHOST’s policies, all herein incorporated by reference and shall be deemed a single agreement (collectively the “Agreement”). SMEWEBHOST may modify the Agreement and any other applicable Product Terms from time to time in its sole discretion, which modifications will be effective upon posting to SMEWEBHOST’s website. Your use of the Services includes the ability to enter into agreements and make purchases electronically. These Terms will also apply when you use the Service on a trial basis.

You acknowledge that your electronic approval (by virtue of proceeding to pay for your order”s”) constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. SMEWEBHOST may accept or reject any Order you submit at its sole discretion. SMEWEBHOST’s provisioning of the Services described in an Order shall be SMEWEBHOST’s acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You also acknowledge and agree that you will use this service for legitimate uses.

PLEASE READ THIS AGREEMENT CAREFULLY: BY USING THE COMPANY’S PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.

In addition, when you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent and transactions entered into by anyone who uses the account you’ve established with SMEWEBHOST, whether or not the transactions were in your behalf, you signify your agreement to the terms and conditions contained in this Agreement.

Definitions

Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:

“Client Data” means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services

“Order” means

  • the online order that you submit for services
  • any other written order (either in electronic or paper form) provided to you by SMEWEBHOST that describes the type or types of services you are purchasing, and that is signed by you, either manually or electronically, and
  • your use or provisioning of the Services through the SMEWEBHOST cloud control panel or through an API.

“Personal Data” means any information that is referred to as personal identifiable information, personal data or personal information (or other like terms) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.

“Product Terms and Conditions” means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.

“Support” means

  • SMEWEBHOST employees with training and experience relative to the services will be available ‘live’ by telephone, chat and ticket twenty-four (24) hours per day, seven (7) days per week, all year round, and
  • any additional level of assistance offered by SMEWEBHOST for the specific Services you are purchasing, and described in the applicable Product Terms and Conditions or Order.

“Business Day” means Monday to Friday, excluding public holidays.

“Business Hour” means 9:00 a.m. – 5:00 p.m. on a Business Day.

“Claims” means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.

“Confidential Information” means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, Client data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:

  • is or becomes a part of the public domain through no act or omission of the Receiving Party;
  • was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party;
  • is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or
  • is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law.
  • Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees, mandataries or agents in violation of the terms of this Agreement or applicable law.

“End User” means an individual or legal entity that obtains the Services from the Client.

“End User Licence Agreements” or “EULAs” means the applicable terms of service agreements with SMEWEBHOST and Third Party Suppliers governing use of the Services, which are provided by SMEWEBHOST, appear upon first use of each Product, or are otherwise made accessible by web link or otherwise to the Client.

“Intellectual Property Rights” means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.

“Products” means any service of SMEWEBHOST or third party providers made available through the Hosting Client Program.

“Third Party Suppliers” means third party suppliers of Products included in the Sitebuilder & Hosting Services.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

  • Privacy Policy
  • Terms of Service
  • Refund Policy

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

Description of service

These Certificates are issued to devices to provide authentication; message, software, and content integrity and confidentiality encryption. Fully-authenticated certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber’s organization does in fact exist. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application.

SMEWEBHOST Responsibilities

SMEWEBHOST shall provide to you the Services and Support subject to the terms and conditions of the Agreement but this is dependent on your complete payment for the order before it is provisioned and then SMEWEBHOST will comply with all laws applicable to its provision of the Services.

Client Responsibilities
  • Client shall comply with applicable law and the terms and conditions of the Agreement
  • Client shall pay SMEWEBHOST the amounts set out for each order for Services attributed to client. client shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated or imposed on it as a result of the existence or operation of the Agreement, including any income, sales, or use tax on profits which may be levied against it.
  • Client will conduct himself/herself in a professional manner and will keep up a reputation to deal fairly with its own clients or end-users. Clients will not make any statement or take any action that could reasonably be expected to reflect poorly on the Company or on the reputation of Company or its products and services
  • Client will cause its personnel who are responsible for Client’s activities under the Agreement to remain well-informed concerning company’s products and services. Among other things, client will cause such personnel to review company’s web site occasionally to ensure that such personnel are reasonably familiar with the company’s product offerings, pricing, promotions and service terms and conditions.
  • Client shall ensure that your Client account information as it appears in the online client account is true, accurate, current and complete
  • Client assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Client Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
End User Data

SMEWEBHOST shall be responsible for and shall follow good industry practices for safeguarding, maintaining confidentiality of data of Customer and shall comply with all applicable data protection and privacy laws with respect to any data of End Users. Although SMEWEBHOST may have access to data of Customer using the Products/ Services, SMEWEBHOST shall do so only to the extent necessary to carry out their responsibilities under this Agreement for no other purpose. Nothing in this Agreement permits either parties or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. For greater clarity SMEWEBHOST shall not use any data provided by clients or customers about End Users for direct or indirect solicitation, marketing, sales or other promotions for itself, any affiliates or any third parties. Data provided by Customer to SMEWEBHOST or entered into SMEWEBHOST systems shall be regarded as a confidential Information of the customer. This does not prevent in any way SMEWEBHOST to solicit through its normal practices End Users.

Client Account Usage

SMEWEBHOST retains the right to revoke your Certificate at any time without notice if :

  • SMEWEBHOST discovers that the information within your Certificate is no longer valid;
  • You fail to perform your obligations under the terms of this Agreement; or
  • At SMEWEBHOST’s sole discretion, you have engaged in activities which SMEWEBHOST determines are harmful.
Confidentiality
  • A Party receiving Confidential Information (the “Receiving Party”) shall maintain the confidentiality of all Confidential Information of the Party disclosing the Confidential Information (the “Disclosing Party”) and shall not release, disclose, divulge, sell or distribute any Confidential Information, without the prior written consent of the Disclosing Party. The Receiving Party may only use and copy the Disclosing Party’s Confidential Information as is necessary to carry out its activities contemplated by this Agreement and for no other purpose. The Receiving Party may disclose the Disclosing Party’s Confidential Information to its employees on a “need to know basis”, provided that it shall first instruct such employees to maintain the confidentiality thereof. Customer may disclose Confidential Information to End Users to the extent necessary to carry out the intent of this Agreement, but such End Users shall have entered into an End User Licence Agreement. SMEWEBHOST may disclose Confidential Information to Third Party Suppliers to the extent necessary for the provision of the Products provided by such Third Party Supplier and compliance with its agreements with such Third Party Suppliers.
  • Disclosure of Confidential Information shall be permitted if such Confidential Information is required to be disclosed by law or by any rule, regulation or order of a person having jurisdiction or pursuant to a final order or judgment of a court of competent jurisdiction, and in such case the Parties will cooperate with one another to attempt, if possible, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded to such Confidential Information prior to disclosing such Confidential Information.
  • The Parties acknowledge and agree that any breach of the terms of this Section 6 will cause irreparable harm and damage to the aggrieved Party. The Parties further agree that each Party shall be entitled to injunctive relief to prevent breaches of this Section 9, and to specifically enforce the terms and provisions of this Section 6, in addition to any other remedy to which such Party may be entitled, at law or in equity.
  • During the term of the Agreement and for two years following expiration or termination of the Agreement, the Customer will not, directly or indirectly, solicit or recruit the services of any employee of Company performing services under the Agreement, while such employee is employed by Company and for a period of six months after such employee has left the employment of Company.
Property Rights
  • Company hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of the Agreement, to use Company technology, products and services solely for the purpose of accessing and using the Sitebuilder. Customer may not use Company’s technology for any purpose other than accessing and using the Sitebuilder. SMEWEBHOST does not claim ownership of your Content, but you give us your permission to host your Content on our servers. This permission exists only for as long as you continue to use the Service or remain a Customer. Except for the rights expressly granted above, the Agreement does not transfer from Company to Customer any Company technology, and all rights, titles and interests in and to any Company technology shall remain solely with Company. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Company.
  • Company owns all right, title and interest in and to the Sitebuilder and Company’s trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of Sitebuilder and the related hardware, software and systems (“Marks”). Noting in the Agreement constitutes a license to Customer to use or resell the Marks.
Trade-mark Use

SMEWEBHOST recognizes client’s ownership and title to their respective trade-marks, service marks and trade names whether or not registered (collectively, “Marks”). Client may be provided a limited right to use Marks of Third Party Suppliers (“Supplier Marks”) in connection with promotion and distribution of the Products/ Services and Products. Except for these limited rights, Client may not use Supplier Marks in advertising, promotion, and publicity without the express written consent of SMEWEBHOST or the Third Party Suppliers, respectively.

Termination
  • SMEWEBHOST may terminate your access to the Services, in whole or in part, without notice in the event that:
    • You fail to pay any fees due;
    • You violate this Agreement;
    • Your conduct may harm SMEWEBHOST or others or cause SMEWEBHOST or others to incur liability, as determined by SMEWEBHOST in our sole discretion; or
    • As otherwise specified in this Agreement. In such event, SMEWEBHOST shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, SMEWEBHOST may charge you for all fees due for the Services for the remaining portion of the then current term.
  • Upon termination of the services for any reason, User content, user websites, and other data will be deleted.
Disclaimer of warranties

SMEWEBHOST makes no representations or warranties or conditions of any kind concerning the products/services, the products or their use, accuracy, function or ownership and shall not be liable in any manner for any representations or warranties or conditions of any king whether express or implied or collateral or whether arising by operation of law or otherwise, including, without limitation, any warranty or condition of merchantable quality or fitness for a particular purpose or that the product will be error free. Client acknowledges that portions of the products/services are provided by third party suppliers whose performance is not warranted or guaranteed by SMEWEBHOST. Client shall not be authorized to make any warranty, representations or warranties or condition, whether written or oral, on behalf of SMEWEBHOST. Client shall be solely responsible for any warranties for the services given by client.

Third Party Services, Software, and Websites; No Implied Endorsement

SMEWEBHOST is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content or website (collectively regarded as “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party materials such as email, e-commerce and payment services including but not limited to, Quickteller, Cash Envoy, PayPal, and any other payment options, may be subject to the applicable third party terms of service and privacy policy and you are solely responsible for reviewing, agreeing to and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials

Third Party Payment Processors: SMEWEBHOST uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the SMEWEBHOST Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

  • Quickteller – privacy policy
  • PayPal – privacy policy
  • Paystack – privacy policy
  • Rave by Flutterwave – privacy policy
Indemnities
  • SMEWEBHOST shall indemnify and hold harmless the Client, its employees, officers, directors, mandataries and agents from and against any and all Claims brought by a third party arising out of or in connection with infringement or alleged infringement of the Intellectual Property Rights of such third party due to the distribution of the Products/ Services under this Agreement. If the Products/ Services become or are likely to become the subject of an infringement claim or action, SMEWEBHOST may at its sole discretion:
    • procure, at no cost to the Client, the right to continue distributing and using Products/ Services;
    • replace or modify the Products/ Services so that they become non infringing; or
    • withdraw the Products/ Services and terminate any End User Licence Agreement without further obligation.
  • Except for matters subject to the indemnity referred to in Section 14(a), Client shall indemnify and hold harmless SMEWEBHOST and the Third Party Suppliers from any Claims arising from its distribution of the Products/ Services hereunder.
No Consequential Damages; Limitation of Liability

In no event shall SMEWEBHOST be liable for any incidental, consequential, indirect, special, punitive or exemplary damages or damages for loss of profits or revenues, business information or other pecuniary loss, arising under or in connection with this agreement and even if advised of the possibility of such damages. The foregoing disclaimer of liability shall apply regardless of whether such liability is based on breach of contract, contractual or extra-contractual liability, tort (including without limitation negligence), strict liability, breach of a fundamental term, fundamental breach, or otherwise, in no event shall SMEWEBHOST’s liability under this agreement exceed the amount paid, under this agreement by client in the 12 month period immediately preceding the event giving rise to the claim notwithstanding the foregoing, the foregoing disclaimer and limitation of liability shall not apply to the breach of the confidentiality obligations set out section 8 or SMEWEBHOST’s obligations to indemnify pursuant to section 14(A).

User Restriction

You are prohibited from using your certificate for the following purposes:

  • for or on behalf of any other organization;
  • to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your Certificate Application;
  • on more than one physical server or device at a time (unless expressly permitted by the issuer of a Certificate) and
  • for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury or severe environmental damage
Terms

An initial term will be as indicated on the Service Order (the “Service Term”), provided that such requested Service Term shall not be less than a minimum period of One (1) year.

You agree that the Services shall be provided for the term you selected through the Client portal. Unless you terminate the Services prior to the end of the then current Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be invoiced on your account, except otherwise stated.

You agree to hereby waive any requirement which might otherwise be imposed by law which would require that we obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Client area portal. You agree that attempts to terminate the Services other than sending an email to us (via a telephone call) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by us.

AT THE END OF THE ACTIVE CONTRACT TERM, AN INVOICE WILL BE GENERATED FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOU WILL BE REQUIRED TO MAKE PAYMENT WITH YOUR PREFERRED PAYMENT METHOD AND YOU WILL BE CHARGED ACCORDINGLY. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING support@SMEWEBHOST.com

EXPIRATION AND RENEWAL OF SERVICE(S)

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your Certificate is set to expire. As a convenience to you and not as a binding commitment, we may notify you via an email message when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made via, transfer, cash deposit, online payment gateway or such other method as we may allow or require from time to time.

Reservation of Rights

SMEWEBHOST explicitly reserves the right and sole discretion to:

  • Censor any website hosted on its Web Hosting servers that, in Company’s sole discretion, is deemed inappropriate;
  • Review every SSL Certificate account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
  • Modify its pricing through email notification;
Dispute Resolution Policy

Client agrees that if a dispute arises as a result of one or more websites SMEWEBHOST Ltd. is hosting for you, you WILL indemnify the company and SMEWEBHOST Ltd. will not be held liable for damages arising out of such dispute. Client also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body regarding a website hosted by SMEWEBHOST Ltd., Also, SMEWEBHOST Ltd. in its sole discretion, may take whatever action it deems necessary regarding further modification, assignment of and/or control of the website to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

When we may be involved in a law-suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities presented in the lawsuit. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar.

Miscellaneous
  • Media Releases: Except for any announcement intended solely for internal distribution by either Party or any disclosure required by legal, accounting, or regulatory requirements, all media releases, public announcements, or public disclosures, including but not limited to promotional or marketing material, by either Party or its employees, mandataries or agents which includes references to the other Party or the Marks of the other Party shall be coordinated with and approved in writing by the such person prior to the release thereof.
  • Independent Contractors: The Parties are independent contractors under this Agreement and nothing in this Agreement shall be construed to create any partnership, joint venture, employment or agency relationship whatsoever as between SMEWEBHOST and Client. Either Party shall not, by reason of any provision herein contained, be deemed to be the partner, mandatory, agent or legal representative of the other Party nor to have the ability, right or authority to assume or create, in writing or otherwise, any obligation of any kind, express or implied, in the name of or on behalf of the other Party.
  • Entire Agreement: This Agreement and the additional policies and agreement stated hereto collectively constitute the entire agreement between the Parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions with respect to the subject matter hereof whether oral or written. In case of a conflict between the Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Client or Company, the terms and conditions of the Agreement shall control. No additional terms or conditions relating to the subject matter of the Agreement shall be effective unless approved in writing by any authorized representative of Client and Company. This Agreement may only be amended, modified or supplemented by a written agreement signed by both of the Parties hereto; provided, however, that these Terms of Program may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s web site.
  • Governing Law & Jurisdiction: This Agreement and any dispute or claim whatsoever relating to it or its formation shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. All disputes, controversies or claims arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act CAP. A18, Laws of the Federation of Nigeria 2004, which Rules are deemed to be incorporated by reference to this clause. The number of arbitrators shall be three, each Party shall appoint an arbitrator within 14 days of service of a notice to refer any such dispute, controversy or claim to arbitration; the seat of the arbitration shall be Lagos, Nigeria, and the language to be used in the arbitral proceedings shall be English.
  • Non-Waiver: No waiver of any of the provisions of this Agreement is binding unless it is in writing and signed by the Party entitled to grant the waiver. The failure of either Party to exercise any right, power or option given hereunder or to insist upon the strict compliance with the terms and conditions hereof by the other Party shall not constitute a waiver of the terms and conditions of this Agreement with respect to that or any other or subsequent breach thereof nor a waiver by either Party of its rights at any time thereafter to require strict compliance with all terms and conditions hereof including the terms or conditions with respect to which the other Party has failed to exercise such right, power or option.
  • Force Majeure: Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of nature, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by the other Party or such other Party’s employees, mandataries, agents or contractors; provided, however, that lack of funds and a lack of reasonable disaster recovery plans and safeguards shall not be deemed to be a reason beyond a Party’s reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes which in their judgement may or could be the cause of a delay in the performance of this Agreement.
  • Successors and Assigns: A Party may not assign this Agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld. This Agreement shall enure to the benefit of and be binding upon SMEWEBHOST and Client and their respective legal successors and permitted assigns.
  • Survival. All obligations of SMEWEBHOST and Client which expressly or by their nature survive expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding such expiration or termination and until they are satisfied or by their nature expire.
  • Notice. Any notice given under this Agreement shall be in writing and given by manually delivering it or sent by telecopy, fax or other similar means of communication. Any such notice, shall be effective upon receipt, unless received on a day which is not a Business Day in which event it shall be deemed to be received on the next Business Day. Either Party may change its address for service from time to time by notice given in accordance with the foregoing and any subsequent notice shall be sent to the Party at its changed address. upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of the Agreement by notice in writing to the other party as provided herein. Company may give written notice to Client via e-mail to the Client’s e-mail address as maintained in Company’s billing records.
  • Cumulative Rights. The rights of each Party hereunder are cumulative and no exercise or enforcement by a Party of any right or remedy hereunder shall preclude the exercise or enforcement by such Party of any other right or remedy hereunder or which such Party is otherwise entitled by law to enforce.
  • No Third-Party Beneficiaries. Except as otherwise expressly provided in the Agreement, nothing in the Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Client acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Program Description, is an intended third-party beneficiary of the provisions set forth in the Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of the Agreement with respect to its products or services against Client as if it were a party to the Agreement.
  • Additional Remedies. Client acknowledges that an act of Client in violation of SMEWEBHOST’s rights in the Products may cause irreparable damage to SMEWEBHOST, for which money damages may not be an adequate remedy. Accordingly, if Client acts, fails to act, or attempts to act in violation of SMEWEBHOST’s rights in the Software, then in addition to all SMEWEBHOST’s other rights and remedies under this Agreement, SMEWEBHOST shall have the right to apply for interlocutory and permanent injunctive relief seeking to enjoin such action or failure to act.
  • Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent.
  • Severability. If in any jurisdiction, any provision of this Agreement or its application to any Party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provision hereof and without affecting the validity or enforceability of such provision in any other jurisdiction or its application to other Parties or circumstances.
  • Counterparts. This Agreement may be executed by the Parties in separate counterparts of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument.
  • Language. The Parties have requested that this Agreement, together with any schedule, notice or other related documents, be drawn up in the English language only.
Refund Policy

SMEWEBHOST limited always wants its clients to be completely satisfied when it comes to the SSL certificates and its related services that it offers. If you are considering a refund regarding this service, kindly send a mail to us via “billing@SMEWEBHOST.com” to discuss your refund options after you must have cancelled the SSL certificate, by placing a cancellation request for it.

If a client purchases an SSL certificate for fraudulent use, the client forfeits the right to a refund.

More information on refunds:Refund Policy

Final Agreement

This service agreement, the ICAN policy and the UDRP (Uniform Domain-Name Dispute-Resolution Policy) all constitute an exclusive agreement between you and us (SMEWEBHOST Ltd.) and it supercedes and governs all prior proposals, agreement or communication (both written and unwritten. This Services Agreement “may not” be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.

SiteBuilder Terms of Service

This Site Builder Agreement (the “Agreement”) is made between SMEWEBHOST Limited (“SMEWEBHOST” or “Company”), a limited liability company and the Client who orders SMEWEBHOST Services (“Client” or “Customer” or “You” or “Your”). Each of SMEWEBHOST and Customer referred to as a “Party” and collectively as “Parties” under this Agreement.

This Agreement applies to the Client’s use of the Services and is governed by this Site Builder Terms of Service which include SMEWEBHOST General Terms of Service, Privacy Policy and the Terms of your Order which may have additional Product Terms and Conditions that apply to the particular services in your Order set forth on SMEWEBHOST’s website, as the same may be modified by SMEWEBHOST from time to time and all of SMEWEBHOST’s policies, all herein incorporated by reference and shall be deemed a single agreement (collectively the “Agreement”). SMEWEBHOST may modify the Agreement and any other applicable Product Terms from time to time in its sole discretion, which modifications will be effective upon posting to SMEWEBHOST’s website. Your use of the Services includes the ability to enter into agreements and make purchases electronically. These Terms will also apply when you use the Service on a trial basis.

You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. SMEWEBHOST may accept or reject any Order you submit in its sole discretion. SMEWEBHOST’s provisioning of the Services described in an Order shall be SMEWEBHOST’s acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You acknowledge and agree that you will use this Service for the purpose of creating simple Do-It-Yourself (DIY) websites.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE COMPANY’S SITEBUILDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.

In addition, when You use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with SMEWEBHOST, whether or not the transactions were on Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.

Definitions

Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:

“Client Data” means all data (including software, text, sound files and Personal Data) and other content that are stored by you on the Hosted System or otherwise processed by you through your use of the Services

“Order” means

  • the online order that you submit or accept for the Services,
  • any other written order (either in electronic or paper form) provided to you by SMEWEBHOST for signature that describes the type or types of services you are purchasing, and that is signed by you, either manually or electronically, and
  • your use or provisioning of the Services through the SMEWEBHOST client account or through an API.
Definitions

Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:

“Client Data” means all data (including software, text, sound files and Personal Data) and other content that are stored by you on the Hosted System or otherwise processed by you through your use of the Services

“Personal Data” means any information that is referred to as personal identifiable information, personal data or personal information (or other like terms) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.

“Product Terms and Conditions” means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.

“Support” means

  • SMEWEBHOST employees with training and experience relative to the Services will be available ‘live’ by telephone, chat and ticket(email) twenty-four (24) hours per day, seven (7) days per week, all year round, and
  • any additional level of assistance offered by SMEWEBHOST for the specific Services you are purchasing, and described in the applicable Product Terms and Conditions or Order.

“Business Day” means Monday to Friday, excluding public holidays.

“Claims” means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.

“Confidential Information” means all non-public technical information and business information, software code, trade secrets, marketing strategies, software, documentation, Customer data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:

  • is or becomes a part of the public domain through no act or omission of the Receiving Party;
  • was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party;
  • is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or
  • is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law.
  • Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees, mandatories or agents in violation of the terms of this Agreement or applicable law.

“End User” means an individual or legal entity that obtains the Services from the Client.

“End User Licence Agreements” or “EULAs” means the applicable terms of service agreements with SMEWEBHOST and Third Party Suppliers governing use of the Services, which are provided by SMEWEBHOST, appear upon first use of each Product, or are otherwise made accessible by web link or otherwise to the Client.

“Intellectual Property Rights” means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.

“Products” means any service of SMEWEBHOST or third party providers made available through the website.

“Third Party Suppliers” means third party suppliers of Products included in the Sitebuilder & Hosting Services.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

  • Privacy Policy
  • Terms of Service
  • Refund Policy

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

SMEWEBHOST Responsibilities

SMEWEBHOST shall provide to you the Services and Support subject to the terms and conditions of the Agreement but this is dependent on your complete payment for the order before it is provisioned and then SMEWEBHOST will comply with all laws applicable to its provision of the Services.

Content Guidelines

These types of sites are not allowed on SMEWEBHOST SiteBuilder Hosting.

  • Adult: involving nudity in a sexual context, exposed genitalia or adult themes
  • Copyrighted Content: music, movies or games that you do not own the rights to
  • Spam/SEO: a site whose sole purpose is to gain Google ranking, Facebook “likes”, etc
  • Phishing: a site meant to trick users into providing their username and password
  • Illegal Content: content which may be illegal in the United States or under the laws of other countries
  • Scams: get rich quick, pyramid/MLM, HYIP, Ponzi or other dubious schemes
  • Excessive Advertising: placing excessive advertising on your site, including more than three ad units per page
  • File Hosting: including sites that are not created with the SMEWEBHOST editor
  • Injurious Experience: sites using the “Custom HTML” element that provide a horrible user experience, such as extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors
  • Illegal/Inappropriate Products: sites that offer or sell items that are illegal, weapons, counterfeit, stolen, fraudulent, infringing, violate rights of privacy/publicity, offensive, pornographic, or manufactured/intended to be weapons

This list is a quick reference and is not meant to be complete. For more specific information, please read carefully the General Terms of Service.

End User Data

SMEWEBHOST shall be responsible for, and shall follow good industry practices for safeguarding, maintaining confidentiality of data of Customer and shall comply with all applicable data protection and privacy laws with respect to any data of End Users. Although SMEWEBHOST may have access to data of Customer using the Products/ Services, SMEWEBHOST shall do so only to the extent necessary to carry out their responsibilities under this Agreement for no other purpose. Nothing in this Agreement permits either parties or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. For greater clarity SMEWEBHOST shall not use any data provided by End Users or Customer about End Users for direct or indirect solicitation, marketing, sales or other promotions for itself, any affiliates or any third parties. Data provided by Customer to SMEWEBHOST or entered into SMEWEBHOST systems shall be Confidential Information of Customer. This does not prevent in any way SMEWEBHOST to solicit through its normal practices End Users.

Confidentiality
  • A Party receiving Confidential Information (the “Receiving Party”) shall maintain the confidentiality of all Confidential Information of the Party disclosing the Confidential Information (the “Disclosing Party”) and shall not release, disclose, divulge, sell or distribute any Confidential Information, without the prior written consent of the Disclosing Party. The Receiving Party may only use and copy the Disclosing Party’s Confidential Information as is necessary to carry out its activities contemplated by this Agreement and for no other purpose. The Receiving Party may disclose the Disclosing Party’s Confidential Information to its employees on a “need to know basis”, provided that it shall first instruct such employees to maintain the confidentiality thereof. Customer may disclose Confidential Information to End Users to the extent necessary to carry out the intent of this Agreement, but such End Users shall have entered into an End User Licence Agreement. SMEWEBHOST may disclose Confidential Information to Third Party Suppliers to the extent necessary for the provision of the Products provided by such Third Party Supplier and compliance with its agreements with such Third Party Suppliers.
  • Disclosure of Confidential Information shall be permitted if such Confidential Information is required to be disclosed by law or by any rule, regulation or order of a person having jurisdiction or pursuant to a final order or judgment of a court of competent jurisdiction, and in such case the Parties will cooperate with one another to attempt, if possible, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded to such Confidential Information prior to disclosing such Confidential Information.
  • The Parties acknowledge and agree that any breach of the terms of this Section 6 will cause irreparable harm and damage to the aggrieved Party. The Parties further agree that each Party shall be entitled to injunctive relief to prevent breaches of this Section 9, and to specifically enforce the terms and provisions of this Section 6, in addition to any other remedy to which such Party may be entitled, at law or in equity.
  • During the term of the Agreement and for two years following expiration or termination of the Agreement, the Customer will not, directly or indirectly, solicit or recruit the services of any employee of Company performing services under the Agreement, while such employee is employed by Company and for a period of six months after such employee has left the employment of Company.
Property Rights
  • Company hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of the Agreement, to use Company technology, products and services solely for the purpose of accessing and using the Sitebuilder. Customer may not use Company’s technology for any purpose other than accessing and using the Sitebuilder. SMEWEBHOST does not claim ownership of your Content, but you give us your permission to host your Content on our servers. This permission exists only for as long as you continue to use the Service or remain a Customer. Except for the rights expressly granted above, the Agreement does not transfer from Company to Customer any Company technology, and all rights, titles and interests in and to any Company technology shall remain solely with Company. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Company.
  • Company owns all right, title and interest in and to the Sitebuilder and Company’s trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of Sitebuilder and the related hardware, software and systems (“Marks”). Noting in the Agreement constitutes a license to Customer to use or resell the Marks.
Content and conduct rules and obligations

All information, data, text, software, music, sound, photographs, graphics, video, messages, goods, products, services or other materials you post on a web site via the Service (“Content”) are the sole responsibility of the person from which such Content originated. You are responsible for all Content that you upload, post, transmit or otherwise make available via the Service. We do not control the Content you post via this Service.

By using the Service, you may be exposed to content that is offensive, indecent or objectionable. Under no circumstances will we be liable for your Content or the content of any third party, including, but not limited to, for any errors or omissions in your Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted or otherwise made available via the Service. You acknowledge that we do not pre-screen Content, but that we shall have the right (but not the obligation) to refuse, move or delete any Content that is available via the Service. We shall also have the right to remove any Content that violates these Terms or is otherwise objectionable in our sole discretion. You must evaluate, and bear all risks associated with, the use of any Content. You may not rely on any Content created by us. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect our rights, property, or personal safety and those of our users and the public.

The technical processing and transmission of the Service, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You will not

  • upload, post, transmit or otherwise make available any Content that:
    • is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy (up to, but not excluding any address, email, phone number, or any other contact information without the written consent of the owner of such information), hateful, or racially, ethnically or otherwise objectionable;
    • you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
    • infringes any patent, trademark, trade secret, copyright, rights of privacy or publicity, or other proprietary rights of any party (e.g., music, movies, images, e-books, or games you do not own the rights to);
    • is unsolicited commercial email or “spam”. This includes unethical marketing, advertising, or any other practice that is in any way connected with “spam”, such as (i) sending mass email to recipients who haven’t requested email from you or with a fake return address, (ii) promoting a site with inappropriate links, titles, descriptions, or (iii) promoting your site by posting multiple submissions in public forums that are identical;
    • contains software viruses, worms, Trojan horses or any other computer code, files, or Sitebuilders that interrupt, destroy, or limit the functionality of the Service, computer software or hardware or telecommunications equipment, or may impact the ability of any SMEWEBHOST user to access the Service;
    • is intended to take advantage of a user such as “get rich quick,” “get paid to surf,” pyramid/multi-level marketing, or other dubious schemes; or
    • is adult in nature, such as any nudity in a sexual context or any Content with adult themes or reveals exposed genitalia;
  • harm minors in any way;
    • “stalk,” “bully,” or otherwise harass another;
    • impersonate any person or entity, including, but not limited to, a SMEWEBHOST official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
    • forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
    • interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies, or regulations of networks connected to the Service;
    • Intentionally or unintentionally violate any applicable local, state, federal or foreign laws or regulations. You must comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. If you use the Site, the Service, or the Materials outside the United States of America, you are solely responsible for compliance with all applicable laws, including without limitation, rules regarding acceptable online conduct, data privacy, and export and import regulations of other countries;
    • Promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals. This may include, without limitation, providing instructions on how to assemble bombs, grenades and other weapons or incendiary devices;
    • use the Service as a forwarding service to another web site or to fraudulently manipulate Google or other SEO ranking or Facebook or other social networking or website “likes” and similar voting mechanisms;
    • solicit a third party’s passwords or personal identifying information for unlawful or phishing purposes;
    • exceed the scope of the Service that you have signed up for (e.g., by accessing and using the tools that you do not have a right to use, or deleting, adding to, or otherwise changing other user comments or content);
    • include more than three ad units per page, or any advertising that greatly reduces the usability of the Site;
    • upload files for the sole purpose of having them hosted by us and for use outside of a website created using the Service (i.e., created with the SMEWEBHOST editor);
    • create a website that provides an injurious user experience with custom Sitebuilderming. Examples include, but are not limited to, extreme flashing banners, excessive animated movement, or content that could provoke seizures in unsuspecting visitors; or
    • use, under any circumstance, any open source software subject to the GNU Affero General Public License v.3, or greater.

We retain the right to terminate any account or user who has violated any of the above prohibitions.

Fees/payment

You may agree to a one (1) month, six (6) months, or twelve (12) month contract agreement with SMEWEBHOST. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature Fees. We reserve the right to change our prices and/or bundle certain parts of the Service together for pricing purposes, and may do so at any time. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.

All Fees are inclusive of all taxes, levies, or duties imposed by taxing authorities, and you are responsible for payment thereof. If you purchase any Services that we offer for a Fee, you consent to SMEWEBHOST, or our third party service providers, storing your payment card information and you authorize us to charge you (a) any fees for the Services you may purchase, and (b) any applicable taxes in connection with your use of the Services to the payment card you provide, and you will reimburse us for all collection costs and interest for any overdue amounts. If the payment card you provide for recurring payments expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.

AT THE END OF THE ACTIVE CONTRACT TERM, AN INVOICE WILL BE GENERATED FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOU WILL BE REQUIRED TO YOUR PREFERRED PAYMENT METHOD WILL BE CHARGED ACCORDINGLY. YOU MAY TURN OFF THE AUTO-RENEW FEATURE FOR YOUR CURRENT CONTRACT AT ANY TIME. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING SUPPORT@SMEWEBHOST.COM OR BY CALLING OUR HELP CENTER AT ANY TIME.

Cancellation; Service Changes

If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your website and we may delete all information on your website. We accept no liability for such deleted information or content.

For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted. We further reserve the right to withhold, remove and or discard any Content available as part of your account, with or without notice if deemed by us to be contrary to these Terms. For avoidance of doubt, we have no obligation to store, maintain, or provide you a copy of any Content that you or others provide when using the Service.

Refunds

There will be no refunds for all paid Site builder accounts even if you are dissatisfied with such account service for any reason, Please direct refund requests to billing@SMEWEBHOST.com with the subject line: Refund Request. At any time during your contract term, you may upgrade or downgrade your service with SMEWEBHOST. In the event of a service downgrade, there will also be no refunds. Downgrading your account may cause the loss of Content, features, or capacity of your account. We do not accept any liability for such loss.

Third Party Services, Software, and Websites; No Implied Endorsement

SMEWEBHOST is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content, or website (collectively, “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party Materials, such as email, e-commerce and payment services including but not limited to, Quickteller, Cash Envoy, Globalpay, PayPal, Stripe and any other payment options, may be subject to the applicable third party terms of service and privacy policies, and you are solely responsible for reviewing, agreeing to, and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials.

Third Party Payment Processors: SMEWEBHOST uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the SMEWEBHOST Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

  • Quickteller – privacy policy
  • PayPal – privacy policy
  • Paystack – privacy policy
  • Rave by Flutterwave – privacy policy
Web Designer Platform Terms

If you use this Service to design a web site (a “Client Website”) for a third party (your “Client”), your use of the Service shall be subject to these additional terms.

  • Your relationship with your Client is strictly between you and the Client. We will not be a party to any agreement you have with your Client. The manner and means that you choose to perform your services are in your sole discretion and control; however you agree to perform these services in a timely and professional manner, consistent with industry practice and in conformance with these Terms.
  • You accept full responsibility for all Client Websites under your account and for each Client Website’s adherence to these Terms.
  • Service charges are billed periodically based on the billing cycle you choose.
  • You understand and agree that you, as the Account Holder, are ultimately responsible for payment for every service under your account. If, at any time, the billing obligations are not met, we will have the right to disable the service until the billing obligation is met.
Indemnity

You will indemnify and hold harmless SMEWEBHOST, and its subsidiaries, licensors, affiliates, officers, directors, agents, partners, employees, successors, and assigns (collectively “Indemnified Parties”) from any and all liability, loss, claim, damages, expenses, costs or demands, (including but not limited to reasonable attorneys’ fees), incurred or made against the Indemnified Parties by any third party in connection with any claim arising from or related to: (a) your use (or anyone using your account/s) use of the Service, the Site or the Materials, (b) your Content, (c) any Commercial Products you offer on or through the Site or using our Services, or (d) your use of the Domain & Hosting Services. This includes, but is not limited to, any breach or violation of these Terms by you or anyone utilizing your account. You must fully cooperate at your expense as required by an Indemnified Party. Each Indemnified Party may, at its election, assume the defense and control of any matter for which it is indemnified hereunder. You shall not settle any matter involving an Indemnified Party without the consent of the applicable Indemnified Party.

Disclaimer of warranties

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

WE ARE NOT RESPONSIBLE FOR ANY DAMAGE, LOSS OF DATA, CUSTOMER INFORMATION OR VENDOR DATA, REVENUE, OR OTHER HARM TO BUSINESS ARISING OUT OF DELAYS, MISDELIVERY OR NON DELIVERY OF INFORMATION, RESTRICTION OR LOSS OF ACCESS, BUGS OR OTHER ERRORS, UNAUTHORIZED USE DUE TO YOUR SHARING OF ACCESS TO THE SERVICE, OR OTHER INTERACTION WITH THE SERVICE. YOU ARE RESPONSIBLE FOR MAINTAINING AND BACKING-UP YOUR DATA AND INFORMATION THAT MAY RESIDE ON THE SERVICE. SMEWEBHOST DOES NOT WARRANT THAT (i) THE SERVICE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. ANY DATA, INFORMATION, CONTENT OR MATERIALS CONTAINED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICE IS NOT INTENDED AS A SUBSTITUTE FOR THE KNOWLEDGE, EXPERTISE, SKILL AND JUDGMENT OF TAX, LEGAL OR OTHER PROFESSIONALS. THE SERVICE DOES NOT PROVIDE TAX OR LEGAL ADVICE. YOU ARE RESPONSIBLE FOR OBTAINING SUCH ADVICE. THESE TERMS APPLY SOLELY TO THE SERVICE. AS PART OF THE SERVICES PROVIDED TO OTHER SMEWEBHOST USERS, WE HOST WEBSITES FOR CERTAIN THIRD PARTIES (“THIRD PARTY SITES”). THIRD PARTY SITES INCLUDE CONTENT GENERATED BY THIRD PARTIES AND ARE NOT UNDER THE MANAGEMENT AND CONTROL OF SMEWEBHOST. SMEWEBHOST IS NOT RESPONSIBLE FOR SUCH THIRD PARTY SITES, INCLUDING WITHOUT LIMITATION, THE ACCURACY, SUFFICIENCY, CORRECTNESS, RELIABILITY, VERACITY, COMPLETENESS OR TIMELINESS THEREOF, ANY LINK CONTAINED THEREIN, OR ANY CHANGES OR UPDATES THERETO, OR ANY GOODS OR SERVICES SOLD THEREON. YOUR ACCESS OR USE OF ANY THIRD PARTY SITE IS GOVERNED BY THE TERMS APPLICABLE TO SUCH THIRD PARTY SITE. THE HOSTING OF ANY THIRD PARTY SITE BY SMEWEBHOST DOES NOT IMPLY ENDORSEMENT THEREOF BY SMEWEBHOST, OR OF THE PROVIDER OF SUCH CONTENT OR SERVICES, OF ANY THIRD PARTY SITE. NEITHER SMEWEBHOST NOR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES WARRANT THAT THE SITE, ITS SERVERS, THE MATERIALS OR THE SERVICE, OR ANY EMAIL SENT FROM THE SITE OR ANY THIRD PARTY PROVIDERS, PARTNERS, OR AFFILIATES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SMEWEBHOST AND ITS LICENSORS MAKE NO WARRANTY OR REPRESENTATION THAT THE SERVICES, MATERIALS, OR SITE ARE APPROPRIATE OR AVAILABLE FOR USE IN ALL GEOGRAPHIC LOCATIONS.

Limitation of Liability

WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SMEWEBHOST HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE SERVICE.

IN THE EVENT OF ANY PROBLEM WITH THE SITE, THE SERVICE, OR THE MATERIALS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CEASE USING THE SITE, THE SERVICE, AND THE MATERIALS. UNDER NO CIRCUMSTANCES SHALL SMEWEBHOST, ITS AFFILIATES, OR LICENSORS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS, ANY INFRINGEMENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR RELATED TO, THE USE OF THE SITE, THE SERVICE, THE MATERIALS, YOUR CONTENT, THE COMMERCIAL PRODUCTS OR ANY THIRD PARTY USER GENERATED CONTENT AVAILABLE ON OR THROUGH THE SITE.

Reservation of Rights

SMEWEBHOST explicitly reserves the right and sole discretion to:

  • Censor any web site hosted on its Web Hosting servers that, in Company’s sole discretion, is deemed inappropriate;
  • Review every SiteBuilder account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels;
  • Modify its pricing through email notification;
  • Terminate your Sitebuilder Hosting service for unsolicited, commercial e-mailing (i.e., SPAM); illegal access to other computers or networks (i.e., hacking); distribution of Internet viruses or similar destructive activities; non-payment of Sitebuilder Hosting fees; and other activities whether lawful or unlawful that Company determines to be harmful to its other SiteBuilders, operations, or reputation;
  • Terminate your Web Hosting service if the contents of your web site result in, or are the subject of, legal action or threatened legal action, against Company or any of its affiliates or partners, without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit. Company has no obligation to monitor your site or any of your content, but reserves the right in its sole discretion to do so.
Dispute Resolution Policy

Client agrees that if a dispute arises as a result of one or more websites SMEWEBHOST is hosting for you, you will indemnify, defend and hold SMEWEBHOST harmless for damages arising out of such dispute. Client also agrees that if SMEWEBHOST is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a website hosted by SMEWEBHOST, that SMEWEBHOST, in its sole discretion, may take whatever action SMEWEBHOST deems necessary regarding further modification, assignment of and/or control of the web site to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

We want to address your concerns or issues before filing a claim against SMEWEBHOST. Please contact us via abuse@SMEWEBHOST.com. We’ll contact you by email to informally resolve the dispute.

YOU MAY ONLY RESOLVE DISPUTES WITH US ON AN INDIVIDUAL BASIS AND YOU WILL NOT BRING A CLAIM AS A PLAINTIFF OR A CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION (E.G., CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR CONSOLIDATION WITH OTHER ARBITRATIONS).

Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Service, or to enforce intellectual property rights (e.g., copyright, trademark, trade secret, or patent rights) without first engaging in our informal dispute resolution process or arbitration. In the event this agreement to arbitrate does not apply to you or your claim, any judicial proceeding will be brought in the federal or state courts Nigeria. You and SMEWEBHOST agree to submit to the personal and exclusive jurisdiction of the courts in Nigeria. REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUR OF OR RELATED TO USE OF THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

General

We may provide notices to you via either email or regular mail. The Service may also provide notices of changes to these Terms or other matters by displaying notices or links to notices to you generally on the Service. These Terms and the relationship between you and SMEWEBHOST shall be governed by the laws of the State of California without regard to its conflict of law provisions. You and SMEWEBHOST agree to submit to the personal and exclusive jurisdiction of the courts located within San Francisco, California. The failure of SMEWEBHOST to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms constitute the entire agreement between you and us and govern your use of the Service, superseding any prior agreements (including, but not limited to, any prior versions of these Terms). You also may be subject to additional terms and conditions that may apply when you use affiliate or other services, third-party content or third-party software. If any provision of these Terms or incorporated documents are found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms are for convenience only and have no legal or contractual effect. You acknowledge and agree that you are each waiving the right to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, more than one person’s claims may not be consolidated under any circumstances, in any form of any class or representative proceeding or otherwise.

Violation of Copyright, Trademark, Patent or Trade Secret

Client may not use the Services in violation of the copyrights, trademarks, patents or trade secrets of third parties, nor shall they utilize the Services to publish such materials in a manner that would expose them to public view in violation of the law and all other applicable international trademark, copyright, patent or other intellectual property laws will apply to issues presented by allegations of copyright violations by third parties. SMEWEBHOST will, in appropriate circumstances, terminate the accounts of repeat violators. If a third party believes that a Client of SMEWEBHOST is violating its intellectual property rights, it should notify us by email at abuse@SMEWEBHOST.com. A notification should include information reasonably sufficient to permit SMEWEBHOST to locate the allegedly infringing material, such as the IP address or URL of the specific online location where the alleged infringement is occurring

Trade-mark Use

Each Party recognizes SMEWEBHOST’s, Third Party Suppliers’ and Client’s ownership and title to their respective trade-marks, service marks and trade names whether or not registered (collectively, “Marks”). Client may be provided a limited right to use Marks of Third Party Suppliers (“Supplier Marks”) in connection with promotion and distribution of the Cloud Service. Except for these limited rights, Client may not use Supplier Marks in advertising, promotion, and publicity without the express written consent of SMEWEBHOST or the Third Party Suppliers, respectively.

Web Development Terms of Service

 

SMEWEBHOST’S WEB DESIGN TERMS OF SERVICE

This Website design and development Terms of Service (“the Terms of Service”) is entered into by and between SMEWEBHOST Limited (hereinafter referred to as “the Company”, “we”, “us”, “our”) and the Client who orders SMEWEBHOST Services (hereinafter referred to as “the Client”, “you”, “your”) 

By placing an order with SMEWEBHOST Limited for website design and development services, you confirm that you are in agreement with and bound by the terms and conditions below.

Definitions

“Terms and Conditions”: These are the standard terms and conditions for Website Design and Development and apply to all contracts and all design works undertaken by SMEWEBHOST Limited for its clients.

“The Client”: The company or individual requesting the services of SMEWEBHOST Limited.”

SMEWEBHOST Limited”: A Web Hosting Company

 

  1. OUR FEES
    You are expected to pay the full amount for your website design before we commence the development of your website. We reserve the right not to commence any work until we receive the full payment for your service except agreed otherwise.
  2. SUPPLY OF MATERIALS
    You must supply everything we need to complete the project on your behalf including the format we need to complete the work in accordance with any agreed specification. Some of the materials to be supplied by you may include but are not limited to images, content, logos, and other printed material you would like to incorporate into your website design. In the event you delay in supplying these materials to us, which could eventually lead to a delay in the completion of work, we reserve the right to extend any previously agreed deadlines by a reasonable amount of time.
    Where you fail to supply materials required to build your website, and it prevents the progress of the work leading to a stoppage of the work at hand, we reserve the right to invoice you for any part or parts of the work already completed.
  3. VARIATIONS
    We are pleased to offer you the opportunity to make revisions to the design. However, we have the right to limit the number of your design proposals to a reasonable amount and SMEWEBHOST  Limited at its discretion may charge for additional designs if you make a change to the original design specification after approval has been given.
    Our website development phase is flexible and allows certain variations to the original specification. However, any major change from the specification will be charged at an additional cost. A minor change is anything that has to do with adjusting of size, change of placement, moving of components, color change, image replacement, or text change. A major change is an addition of a new feature which has been agreed to by SMEWEBHOST Limited e.g. new shipping option, new payment option. This does not however mean upgrades of unlimited complexity but within the measurable framework of the existing content management system.
  4. PROJECT CLAUSES (Please read through this carefully)
    1. PROJECT DELAYS AND CLIENT LIABILITY
      Any time frames or estimates that we give are contingent upon your full cooperation, and submission of complete and final content for the website pages. During development, there is a certain amount of feedback required in order to progress to subsequent phases. We require that you appoint and make available on a daily basis, a single point of contact in order to expedite the feedback process.
    2. APPROVAL OF WORK
      During the design and development phase and upon completion of the work, you will be notified and given the opportunity to review the appearance and content of the website. Upon completion of the project, you must notify us via mail of any unsatisfactory points within seven(7) days of such notification.
      Any of the work which has not been reported in writing to us as unsatisfactory within the 7-day review period will be deemed to have been accepted or approved. Once deemed approved or accepted, work cannot subsequently be rejected and the contract will be deemed to have been completed and moved live.
    3. REJECTED WORK
      If you reject any of our work within the 7-day review period or not approve subsequent work performed by us to remedy any points recorded as being unsatisfactory, and we, acting reasonably consider that you have been illogical/irrational in the decision,  we can elect to treat this contract as terminated and take measures to recover payment for the completed work.
    4. PAYMENT
      Payment will be received in full before work commences and invoices will be received via the contact email address.
    5. WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
      You must obtain all necessary permissions and authorities in respect of the use of all graphic images, registered company logos, names, and trademarks, or any other material that you supply to us to include in your website or web applications.
      You must indemnify us and hold us harmless from any claims or legal actions related to the content of your website.
    6. LICENSING
      Once you have paid us in full for our work we grant you a license to use the website and its related software and contents for the life of the website.
    7. SEARCH ENGINES
      We do not guarantee any specific position in search engine results for your website. We perform basic search engine optimization integration according to current best practices.
    8. OWNERSHIP TRANSFER
      Upon completion of the project, and payment, the Client shall own the website subject to the following terms and conditions:

      1. All original artwork, content, etc. provided to the Company by you for inclusion in the website shall remain your exclusive property, regardless of whether or not such content was actually used in the website;
      2. All photography, graphics, and design created by the Company in the creation of your website shall on full payment, transfer to you as your property; and
      3. You shall be granted a royalty-free license to all new content, whether produced by us or by others created for your use of the website.
    9. SUBCONTRACTING
      We reserve the right to subcontract any services that we have agreed to perform for you as we see fit.
    10. ADDITIONAL EXPENSES
      You agree to reimburse us for any requested expenses which do not form part of our proposal including but not limited to the purchase of templates, third-party software, stock photographs, fonts, domain name registration, web hosting, or comparable expenses.
    11. BACKUPS
      You are responsible for maintaining your own backups with respect to your website and we will not be liable for any loss in client data or client websites except to the extent that such data loss arises out of a negligent act or omission by us. Visit this link for more information about our backup policy.
    12. OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
      We will supply your account credentials for domain name registration and/or web hosting if purchased from SMEWEBHOST.
    13. CROSS-BROWSER COMPATIBILITY
      By using current versions of well-supported content management systems, we endeavor to ensure that the websites we create are compatible with all current modern web browsers such as the most recent versions of Microsoft Edge, Internet Explorer, Firefox, Google Chrome, and Safari. Third-party extensions, where used, may not have the same level of support for all browsers. Where appropriate we will substitute alternative extensions or implement other solutions, on a best-effort basis, where any incompatibilities are found.
    14. E-COMMERCE
      You are responsible for complying with all relevant laws relating to e-commerce, and to the full extent permitted by law will hold harmless, protect, and defend and indemnify SMEWEBHOST Limited and its subcontractors from any claim, penalty, tax, tariff loss, or damage arising from your or your clients’ use of Internet electronic commerce.
    15. PROJECT TIMELINESS REQUIREMENTS FOR CLIENTS
      Projects can be hindered if you do not provide feedback or required elements in a timely manner, such as feedback on a design mockup, requested sitemaps, text to be used as content on the web pages, photos for either the design or for the content, the client’s logo, appropriate account login information, etc. For that reason, if SMEWEBHOST Limited’s Web Design team is waiting for content or other pieces of information, the client will be notified.
      If you fail to handle the requests within 3-5 business days, the project timeline will be moved forward. However, if you fail to handle the requests within ten business days, the project will be frozen and you will be required to pay an additional fee to resume the project.
    16. PAYMENT GATEWAYS
      Clients are required to create merchant accounts with their choice payment gateways and send in merchant IDs for integration at an agreed cost depending on the payment gateway of choice.
    17. DISCOUNTS
      1. Logos: This is created at a discounted rate only for clients who have also subscribed to our website development service.
      2. Branding: This discount applies to clients who agree to brand their websites with our business name by way of permitting our business name and URL to be on their website.
      3. Website affiliates: SMEWEBHOST limited runs a website affiliate system whereby a 2% finder’s fee is allotted to sealed website jobs referred by such affiliate partners. The commission is only redeemable after the website has been handed over and the referred client has completed payment.
    18. REFUND POLICY
      There shall be no refund of payment for any website development job once a website template has been chosen as the third-party cost has been incurred.
      Graphics Design: The client is entitled to a partial refund if not satisfied with our design after four reviews. This is subject to only Logos and any graphics design.
    19. TERMINATION OF SERVICES
      This service shall be terminated with/without notice If we do not get a response from you regarding your website development within six (6) months.
      If you wish to terminate this service during the course of the initial web design or development phase, kindly notify the web design team via webdesign@SMEWEBHOST.com stating your reasons for termination.
    20. WEBSITE MAINTENANCE
      We shall provide minor maintenance to your web pages over a period of twenty (20) working days post web development, including updating lines and making minor changes to a sentence or paragraph. This maintenance does not include updating or replacing nearly all the text from a page with new text, major page reconstruction, new pages, guest books, discussion webs, and navigation structure changes, attempted updates by client repairs, or web design projects delivered to the client via diskette. The twenty (20) working days maintenance period shall begin on the date your website has been published to your hosting service.
      Note however that if your web design package includes database access using Server Side Script, then very minor page code changes will be accepted under this maintenance plan. Major page code and/or database structural changes will be charged accordingly.
      After the free twenty (20) working days maintenance phase, you can either subscribe to our managed WordPress support service or send an email to support@SMEWEBHOST.com.
    21. LIMITATION OF LIABILITY
      In no event shall the liability of the Company for any error made in the performance of the obligations under these terms of service exceed the fees for such services paid to the Company by the Client. The Company shall not be liable to the Client or to any end-user for any damages including, without limitation, consequential damages, lost profits, or any special damages, whether incurred by the Client or end-user.
    22. NON-DISCLOSURE
      We (and any subcontractors we engage) agree that we will not at any time disclose any of your confidential information to any third party.
    23. DISCLAIMER
      WHOGHOST DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB PAGES OR THE WEBSITE WILL MEET THE CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB PAGES AND WEBSITE SHALL BE ON THE CLIENT. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, SMEWEBHOST PROVIDES ITS SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
    24. GOVERNING LAW AND DISPUTE RESOLUTION
      This agreement is constituted by these terms and conditions and any proposal will be construed according to and is governed by the laws of the Federal Republic of Nigeria. In the event of a dispute between the Company and Client with respect to any issue arising out of or relating to this Agreement in any manner, including but not limited to the breach thereof, parties shall endeavor to resolve such dispute amicably between themselves within thirty (30) days, failing which resolution of such dispute shall be determined by Arbitration. Such arbitration shall be conducted before an arbitrator chosen as follows: either the Company and Client shall agree on a mutually acceptable arbitrator, or the Company shall select one arbitrator and Client shall select one arbitrator, and these two arbitrators shall choose a third arbitrator who will act as arbitrator hereunder. The arbitrator’s decision shall be final and binding upon all parties concerned. Such decisions shall be rendered within thirty (30) days of the closing of the hearing record. The arbitration proceedings conducted hereunder shall be conducted in English Language and in Lagos, Nigeria, and each party shall bear its own costs. The arbitration shall be conducted in accordance with the rules and provisions of the Arbitration and Conciliation Act Cap A18, Laws of the Federal Republic of Nigeria 2004. Judgment upon the award rendered by the arbitrator(s) shall be entered in any court of competent jurisdiction.

SiteLock Terms of Service

This SiteLock Agreement (the “Agreement”) is made between SMEWEBHOST Limited (“SMEWEBHOST” or “Company”), a limited liability Company and any Client who orders SMEWEBHOST Services (In this case, SiteLock) with us. Each of SMEWEBHOST and Client referred to as a “Party” and collectively as “Parties” under this Agreement. This SiteLock Service Agreement sets forth the terms and conditions of your use of SiteLock and related services between you and SMEWEBHOST Ltd.

The Agreement applies to the Client use of the Services and is governed by these SiteLock Terms of Service which include general Terms of Service, Privacy Policy and the terms of your Order which may have additional Product Terms and Conditions that apply to the particular services in your Order set forth on SMEWEBHOST’s website, as the same may be modified by SMEWEBHOST from time to time and all of SMEWEBHOST’s policies, all herein incorporated by reference and shall be deemed a single agreement (collectively the “Agreement”). SMEWEBHOST may modify the Agreement and any other applicable Product Terms from time to time in its sole discretion, which modifications will be effective upon posting to SMEWEBHOST’s website. Your use of the Services includes the ability to enter into agreements and make purchases electronically.

You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. SMEWEBHOST may accept or reject any Order you submit in its sole discretion. SMEWEBHOST’s provisioning of the Services described in an Order shall be SMEWEBHOST’s acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You also acknowledge and agree that you will use this service for legitimate uses.

PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE COMPANY’S PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.

In addition, when You use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with Company, whether or not the transactions were in Your behalf, You signify your agreement to the terms and conditions contained in this Agreement.

Definitions

Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:

“Client Data” means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services

“Order” means

  • the online order that you submit for services
  • any other written order (either in electronic or paper form) provided to you by SMEWEBHOST that describes the type or types of services you are purchasing, and that is signed by you, either manually or electronically, and
  • your use or provisioning of the Services through the SMEWEBHOST cloud control panel or through an API.

“Personal Data” means any information that is referred to as personal identifiable information, personal data or personal information (or other like terms) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.

“Product Terms and Conditions” means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.

“Support” means

  • SMEWEBHOST employees with training and experience relative to the services will be available ‘live’ by telephone, chat and ticket twenty-four (24) hours per day, seven (7) days per week, all year round, and
  • any additional level of assistance offered by SMEWEBHOST for the specific Services you are purchasing, and described in the applicable Product Terms and Conditions or Order.

“Business Day” means Monday to Friday, excluding public holidays.

“Business Hour” means 9:00 a.m. – 5:00 p.m. on a Business Day.

“Claims” means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.

“Confidential Information” means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, Client data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:

  • is or becomes a part of the public domain through no act or omission of the Receiving Party;
  • was in the Receiving Party’s lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party;
  • is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or
  • is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law.
  • Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees, mandataries or agents in violation of the terms of this Agreement or applicable law.

“End User” means an individual or legal entity that obtains the Services from the Client.

“End User Licence Agreements” or “EULAs” means the applicable terms of service agreements with SMEWEBHOST and Third Party Suppliers governing use of the Services, which are provided by SMEWEBHOST, appear upon first use of each Product, or are otherwise made accessible by web link or otherwise to the Client.

“Intellectual Property Rights” means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.

“Products” means any service of SMEWEBHOST or third party providers made available through the website.

“Products” means any service of SMEWEBHOST or third party providers made available through the SiteLock Service.

“Third Party Suppliers” means third party suppliers of Products included in the Sitebuilder & Hosting Services.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.

SMEWEBHOST Responsibilities

SMEWEBHOST shall provide to you the Services and Support subject to the terms and conditions of the Agreement but this is dependent on your complete payment for the order before it is provisioned and then SMEWEBHOST will comply with all laws applicable to its provision of the Services.

Client Responsibilities
  • Client shall comply with applicable law and the terms and conditions of the Agreement
  • Client shall pay SMEWEBHOST the amounts set out for each order for Services attributed to client. client shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated or imposed on it as a result of the existence or operation of the Agreement, including any income, sales, or use tax on profits which may be levied against it.
  • Client will conduct himself/herself in a professional manner and will keep up a reputation to deal fairly with its own clients or end-users. Clients will not make any statement or take any action that could reasonably be expected to reflect poorly on the Company or on the reputation of Company or its products and services
  • Client will cause its personnel who are responsible for Client’s activities under the Agreement to remain well-informed concerning company’s products and services. Among other things, client will cause such personnel to review company’s web site occasionally to ensure that such personnel are reasonably familiar with the company’s product offerings, pricing, promotions and service terms and conditions.
  • Client shall ensure that your Client account information as it appears in the online client account is true, accurate, current and complete
  • Client assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Client Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
Description of service

Sitelock is a security tool used in/with websites and servers. Its number one priority is security of websites/hosting accounts (“Website Files”) and it does this by scanning your Websites Files for potential security threats of any kind and other issues that may reduce the security of a particular website for example redirect hacks, trojan viruses etc.

As soon as it finishes its scan of your hosting account files, sitelock will do any one of these two:

  • Automatically fix the issue for you without informing you; or
  • Notify you of the issue along with the steps you need to take to fix the issue.

Your data is used to create a profile about you and to send you marketing communications, only related to our products and services portfolio. You can modify your profile data by accessing your profile from our client area. We do not collect or store any kind of credit card information. Credit Card Payments are redirected to the payment gateway (i.e Quickteller, Paypal, Paystack etc) platform of your choice.

This website uses other companies to collect data about how you use this site such as the pages you visited, how long you were on a page to understand how people use our site. This site also stores harmless cookies on your computer for a better user experience. More information about cookies can be found under the “Cookie Policy” in our Terms of Service.

Delivery Policy

By default, all leased and owned licenses are issued instantly upon receipt of payment.

However, please note that First Orders for new Customers are not activated automatically and are reviewed manually. Activation time can take between 1 and 24 hours.

Association to a Website

This service is provided by SMEWEBHOST Limited with association to a single website usually chosen by the customer at the time of first configuration or “association”. After payment, if a domain name was not provided during purchase, the sitelock setup will not be configured.

End User Data

SMEWEBHOST shall be responsible for and shall follow good industry practices for safeguarding, maintaining confidentiality of data of Customer and shall comply with all applicable data protection and privacy laws with respect to any data of End Users. Although SMEWEBHOST may have access to data of Customer using the Products/ Services, SMEWEBHOST shall do so only to the extent necessary to carry out their responsibilities under this Agreement for no other purpose. Nothing in this Agreement permits either parties or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. For greater clarity SMEWEBHOST shall not use any data provided by clients or customers about End Users for direct or indirect solicitation, marketing, sales or other promotions for itself, any affiliates or any third parties. Data provided by Customer to SMEWEBHOST or entered into SMEWEBHOST systems shall be regarded as a confidential Information of the customer.

Confidentiality
  • A Party receiving Confidential Information (the “Receiving Party”) shall maintain the confidentiality of all Confidential Information of the Party disclosing the Confidential Information (the “Disclosing Party”) and shall not release, disclose, divulge, sell or distribute any Confidential Information, without the prior written consent of the Disclosing Party. The Receiving Party may only use and copy the Disclosing Party’s Confidential Information as is necessary to carry out its activities as stated by this Agreement and for no other purpose. The Receiving Party may disclose the Disclosing Party’s Confidential Information to its employees on a “need to know basis”, provided that it shall first instruct such employees to maintain the confidentiality thereof. Customer may disclose Confidential Information to End Users to the extent necessary to carry out the intent of this Agreement, but such End Users shall have entered into an End User Licence Agreement. SMEWEBHOST may disclose Confidential Information to Third Party Suppliers to the extent necessary for the provision of the Products provided by such Third Party Supplier and compliance with its agreements with such Third Party Suppliers.
  • Disclosure of Confidential Information shall be permitted if such Confidential Information is required to be disclosed by law or by any rule, regulation or order of a person having jurisdiction or pursuant to a final order or judgment of a court of competent jurisdiction, and in such case the Parties will cooperate with one another to attempt, if possible, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded to such Confidential Information prior to disclosing such Confidential Information.
  • The Parties acknowledge and agree that any breach of the terms of this Section 9 will cause irreparable harm and damage to the aggrieved Party. The Parties further agree that each Party shall be entitled to injunctive relief to prevent breaches of this Section 9, and to specifically enforce the terms and provisions of this Section 9, in addition to any other remedy to which such Party may be entitled, at law or in equity
Property Rights
  • Company hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of the Agreement, to use Company technology, products and services solely for the purpose of accessing and using the Sitebuilder. Customer may not use Company’s technology for any purpose other than accessing and using the Sitebuilder. SMEWEBHOST does not claim ownership of your Content, but you give us your permission to host your Content on our servers. This permission exists only for as long as you continue to use the Service or remain a Customer. Except for the rights expressly granted above, the Agreement does not transfer from Company to Customer any Company technology, and all rights, titles and interests in and to any Company technology shall remain solely with Company. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Company.
  • Company owns all right, title and interest in and to the Program and Company’s trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of the Program and the related hardware, software and systems (“Marks”). Noting in this Agreement constitutes a license to SiteLock to use or resell the Marks.
White Labelling

SiteLock may provide the Products/ Services to End Users through a web portal or online marketplace with SiteLock branding, provided that SiteLock shall be wholly responsible for any trade-marks used for such branding including any claims of infringement of any third party’s trade-marks. SiteLock shall not alter, obscure or remove any branding or trade-marks of Third Party Suppliers of the Products, including standard branding and trade-marks, which display during access or use of the Products through the Products/ Services.

Trade-mark Use

SMEWEBHOST recognizes client’s ownership and title to their respective trade-marks, service marks and trade names whether or not registered (collectively, “Marks”). Client may be provided a limited right to use Marks of Third Party Suppliers (“Supplier Marks”) in connection with promotion and distribution of the Products/ Services and Products. Except for these limited rights, Client may not use Supplier Marks in advertising, promotion, and publicity without the express written consent of SMEWEBHOST or the Third Party Suppliers, respectively.

Terms

An initial term will be as indicated on the Service Order (the “Service Term”), provided that such requested Service Term shall not be less than a minimum period of One (1) year.

You agree that the Services shall be provided for the term you selected through the Client portal. Unless you terminate the Services prior to the end of the then current Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be invoiced on your account, except otherwise stated.

You agree to hereby waive any requirement which might otherwise be imposed by law which would require that we obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Client area portal. You agree that attempts to terminate the Services other than sending an email to us (via a telephone call) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by us.

AT THE END OF THE ACTIVE CONTRACT TERM, AN INVOICE WILL BE GENERATED FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOU WILL BE REQUIRED TO MAKE PAYMENT WITH YOUR PREFERRED PAYMENT METHOD AND YOU WILL BE CHARGED ACCORDINGLY. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING support@SMEWEBHOST.com

Termination
  • SMEWEBHOST may terminate your access to the Services, in whole or in part, without notice in the event that:
    • You fail to pay any fees due;
    • You violate this Agreement;
    • Your conduct may harm SMEWEBHOST or others or cause SMEWEBHOST or others to incur liability, as determined by SMEWEBHOST in our sole discretion; or
    • As otherwise specified in this Agreement. In such event, SMEWEBHOST shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, SMEWEBHOST may charge you for all fees due for the Services for the remaining portion of the then current term.
  • Upon termination of the services for any reason, User content, user websites, and other data will be deleted.
Disclaimer of warranties

SMEWEBHOST MAKES NO REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND CONCERNING THE PRODUCTS/ SERVICES, THE PRODUCTS OR THEIR USE, ACCURACY, FUNCTION OR OWNERSHIP AND SHALL NOT BE LIABLE IN ANY MANNER FOR ANY MANNER FOR ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED OR COLLATERAL OR WHETHER ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE OR THAT THE PRODUCT WILL BE ERROR FREE. CLIENT ACKNOWLEDGES THAT PORTIONS OF THE PRODUCTS/ SERVICES ARE PROVIDED BY THIRD PARTY SUPPLIERS WHOSE PERFORMANCE IS NOT WARRANTED OR GUARANTEED BY SMEWEBHOST. CLIENT SHALL NOT BE AUTHORIZED TO MAKE ANY WARRANTY, REPRESENTATIONS OR WARRANTIES OR CONDITION, WHETHER WRITTEN OR ORAL, ON BEHALF OF SMEWEBHOST. CLIENT SHALL BE SOLELY RESPONSIBLE FOR ANY WARRANTIES FOR THE SERVICES GIVEN BY CLIENT.

Third Party Services, Software, and Websites; No Implied Endorsement

SMEWEBHOST is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content or website (collectively regarded as “Third Party Materials”) whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party materials such as email, e-commerce and payment services including but not limited to, Quickteller, Cash Envoy, PayPal, and any other payment options, may be subject to the applicable third party terms of service and privacy policy and you are solely responsible for reviewing, agreeing to and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider’s terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials

Third Party Payment Processors: SMEWEBHOST uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors’ use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the SMEWEBHOST Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.

  • Quickteller – privacy policy
  • PayPal – privacy policy
  • Paystack – privacy policy
  • Rave by Flutterwave – privacy policy
Indemnities
  • SMEWEBHOST shall indemnify and hold harmless the Client, its employees, officers, directors, mandataries and agents from and against any and all Claims brought by a third party arising out of or in connection with infringement or alleged infringement of the Intellectual Property Rights of such third party due to the distribution of the Products/ Services under this Agreement. If the Products/ Services become or are likely to become the subject of an infringement claim or action, SMEWEBHOST may at its sole discretion:
    • procure, at no cost to the Client, the right to continue distributing and using Products/ Services;
    • replace or modify the Products/ Services so that they become non infringing; or
    • withdraw the Products/ Services and terminate any End User Licence Agreement without further obligation.
  • Except for matters subject to the indemnity referred to in Section 14(a), Client shall indemnify and hold harmless SMEWEBHOST and the Third Party Suppliers from any Claims arising from its distribution of the Products/ Services hereunder.
No Consequential Damages; Limitation of Liability

IN NO EVENT SHALL SMEWEBHOST BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS OR REVENUES, BUSINESS INFORMATION OR OTHER PECUNIARY LOSS, ARISING UNDER OR IN CONNECTION WITH THIS AGREEMENT AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMER OF LIABILITY SHALL APPLY REGARDLESS OF WHETHER SUCH LIABILITY IS BASED ON BREACH OF CONTRACT, CONTRACTUAL OR EXTRA-CONTRACTUAL LIABILITY, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY, BREACH OF A FUNDAMENTAL TERM, FUNDAMENTAL BREACH, OR OTHERWISE. IN NO EVENT SHALL SMEWEBHOST’S LIABILITY UNDER THIS AGREEMENT EXCEED THE AMOUNT PAID, UNDER THIS AGREEMENT BY CLIENT IN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM. NOTWITHSTANDING THE FOREGOING, THE FOREGOING DISCLAIMER AND LIMITATION OF LIABILITY SHALL NOT APPLY TO THE BREACH OF THE CONFIDENTIALITY OBLIGATIONS SET OUT SECTION 8 OR SMEWEBHOST’S OBLIGATIONS TO INDEMNIFY PURSUANT TO SECTION 16(A).

Reservation of Rights

Company explicitly reserves the right and sole discretion to:

  • Censor any website hosted on its Web Hosting servers that, in Company’s sole discretion, is deemed inappropriate;
  • Modify its pricing through email notification;
Dispute Resolution Policy

Client agrees that if a dispute arises as a result of one or more websites SMEWEBHOST Ltd. is hosting for you, you WILL indemnify the company and SMEWEBHOST Ltd. will not be held liable for damages arising out of such dispute. Client also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body regarding a website hosted by SMEWEBHOST Ltd., Also, SMEWEBHOST Ltd. in its sole discretion, may take whatever action it deems necessary regarding further modification, assignment of and/or control of the website to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.

When we may be involved in a law-suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities presented in the lawsuit. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar.

Miscellaneous
  • Media Releases: Except for any announcement intended solely for internal distribution by either Party or any disclosure required by legal, accounting, or regulatory requirements, all media releases, public announcements, or public disclosures, including but not limited to promotional or marketing material, by either Party or its employees, mandataries or agents which includes references to the other Party or the Marks of the other Party shall be coordinated with and approved in writing by the such person prior to the release thereof.
  • Independent Contractors: The Parties are independent contractors under this Agreement and nothing in this Agreement shall be construed to create any partnership, joint venture, employment or agency relationship whatsoever as between SMEWEBHOST and Client. Either Party shall not, by reason of any provision herein contained, be deemed to be the partner, mandatory, agent or legal representative of the other Party nor to have the ability, right or authority to assume or create, in writing or otherwise, any obligation of any kind, express or implied, in the name of or on behalf of the other Party.
  • Entire Agreement: This Agreement and the additional policies and agreement stated hereto collectively constitute the entire agreement between the Parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions with respect to the subject matter hereof whether oral or written. In case of a conflict between the Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Client or Company, the terms and conditions of the Agreement shall control. No additional terms or conditions relating to the subject matter of the Agreement shall be effective unless approved in writing by any authorized representative of Client and Company. This Agreement may only be amended, modified or supplemented by a written agreement signed by both of the Parties hereto; provided, however, that these Terms of Program may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company’s web site.
  • Governing Law & Jurisdiction: This Agreement and any dispute or claim whatsoever relating to it or its formation shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. All disputes, controversies or claims arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act CAP. A18, Laws of the Federation of Nigeria 2004, which Rules are deemed to be incorporated by reference to this clause. The number of arbitrators shall be three, each Party shall appoint an arbitrator within 14 days of service of a notice to refer any such dispute, controversy or claim to arbitration; the seat of the arbitration shall be Lagos, Nigeria, and the language to be used in the arbitral proceedings shall be English.
  • Non-Waiver: No waiver of any of the provisions of this Agreement is binding unless it is in writing and signed by the Party entitled to grant the waiver. The failure of either Party to exercise any right, power or option given hereunder or to insist upon the strict compliance with the terms and conditions hereof by the other Party shall not constitute a waiver of the terms and conditions of this Agreement with respect to that or any other or subsequent breach thereof nor a waiver by either Party of its rights at any time thereafter to require strict compliance with all terms and conditions hereof including the terms or conditions with respect to which the other Party has failed to exercise such right, power or option.
  • Force Majeure: Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of nature, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by the other Party or such other Party’s employees, mandataries, agents or contractors; provided, however, that lack of funds and a lack of reasonable disaster recovery plans and safeguards shall not be deemed to be a reason beyond a Party’s reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes which in their judgement may or could be the cause of a delay in the performance of this Agreement.
  • Successors and Assigns: A Party may not assign this Agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld. This Agreement shall enure to the benefit of and be binding upon SMEWEBHOST and Client and their respective legal successors and permitted assigns.
  • Survival. All obligations of SMEWEBHOST and Client which expressly or by their nature survive expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding such expiration or termination and until they are satisfied or by their nature expire.
  • Notice. Any notice given under this Agreement shall be in writing and given by manually delivering it or sent by telecopy, fax or other similar means of communication. Any such notice, shall be effective upon receipt, unless received on a day which is not a Business Day in which event it shall be deemed to be received on the next Business Day. Either Party may change its address for service from time to time by notice given in accordance with the foregoing and any subsequent notice shall be sent to the Party at its changed address. upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of the Agreement by notice in writing to the other party as provided herein. Company may give written notice to Client via e-mail to the Client’s e-mail address as maintained in Company’s billing records.
  • Cumulative Rights. The rights of each Party hereunder are cumulative and no exercise or enforcement by a Party of any right or remedy hereunder shall preclude the exercise or enforcement by such Party of any other right or remedy hereunder or which such Party is otherwise entitled by law to enforce.
  • No Third-Party Beneficiaries. Except as otherwise expressly provided in the Agreement, nothing in the Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Client acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Program Description, is an intended third-party beneficiary of the provisions set forth in the Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of the Agreement with respect to its products or services against Client as if it were a party to the Agreement.
  • Additional Remedies. Client acknowledges that an act of Client in violation of SMEWEBHOST’s rights in the Products may cause irreparable damage to SMEWEBHOST, for which money damages may not be an adequate remedy. Accordingly, if Client acts, fails to act, or attempts to act in violation of SMEWEBHOST’s rights in the Software, then in addition to all SMEWEBHOST’s other rights and remedies under this Agreement, SMEWEBHOST shall have the right to apply for interlocutory and permanent injunctive relief seeking to enjoin such action or failure to act.
  • Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent.
  • Severability. If in any jurisdiction, any provision of this Agreement or its application to any Party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provision hereof and without affecting the validity or enforceability of such provision in any other jurisdiction or its application to other Parties or circumstances.
  • Counterparts. This Agreement may be executed by the Parties in separate counterparts of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument.
  • Language. The Parties have requested that this Agreement, together with any schedule, notice or other related documents, be drawn up in the English language only.