Terms & Condition

1. Agreement to Terms

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. This is a binding legal agreement.

Welcome to Nabtech Digitalnet Limited ("Nabtech," "we," "us," or "our"). We offer a variety of services, including but not limited to shared, VPS, and dedicated hosting, WordPress hosting, cloud services, domain registration, and related products (collectively, the "Services").

By purchasing, accessing, or using our Services, you ("Customer," "you," "your") agree to be bound by these Terms of Service and all policies incorporated by reference, including our Privacy Policy and Anti-Spam Policy (collectively, the "Terms"). If you do not agree to these Terms, you must not use our Services.

If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms, and in that case, "you" and "your" will refer to that organization.

2. Account Management

2.1. Eligibility

You must be at least 18 years of age to purchase and use our Services. By agreeing to these Terms, you represent and warrant that you are of legal age and have the capacity to enter into a binding contract.

2.2. Account Information

You agree to provide accurate, current, and complete information when creating your account and to promptly update this information to keep it accurate. You are solely responsible for all activity that occurs on your account and for keeping your password and account credentials secure.

2.3. Account Security

You must notify Nabtech immediately of any unauthorized use of your account or any other breach of security. Nabtech will not be liable for any loss you incur due to unauthorized use of your account. We strongly recommend using a strong, unique password and enabling two-factor authentication if available.

3. Financial Arrangements

3.1. Payments

You agree to pay all applicable fees for the Services in advance of the time period during which such Services are provided. You acknowledge that you are solely responsible for all charges and fees associated with your account.

3.2. Automatic Renewal

TO ENSURE UNINTERRUPTED SERVICE, ALL SERVICES ARE SET TO AUTOMATICALLY RENEW. This means that unless you cancel a Service before its renewal date, Nabtech will automatically renew the Service for the same duration as your original contract term and will charge your primary payment method on file at the prevailing non-promotional rate.

It is your responsibility to ensure your payment method is current and valid. You can manage or cancel your services to prevent automatic renewal through your Client Area.

3.3. Failed Payments & Chargebacks

If your payment method fails or your card is expired, you authorize us to attempt to charge any other payment method on file. If a charge is disputed by you or your bank ("chargeback"), your account may be immediately suspended, and a chargeback fee of ₦42,263 will be applied to your account. Services will not be reactivated until this fee and the original disputed amount are paid in full.

3.4. Price & Service Modifications

Nabtech reserves the right to modify service plans, fees, and charges at any time. We will provide at least thirty (30) days' notice of any changes that affect you. Services with outdated or unsupported features may be subject to additional maintenance fees with prior notice.

3.5. Taxes

You are responsible for all taxes and fees of any nature associated with the Services and products you sell or use through our platform, including any applicable Value Added Tax (VAT).

4. Cancellation & Refunds

4.1. Cancellation Process

You may cancel your Services at any time through your Nabtech Client Area or by contacting our billing department. Cancellations must be submitted before the service's renewal date to avoid automatic renewal charges.

4.2. Refund Eligibility

Our refund policy is designed to address unresolved technical issues or dissatisfaction with our service. To be eligible for a refund, you must first cancel the service and provide a specific, verifiable reason for the request. Services suspended for violations of our Terms are not eligible for a refund.

• Shared & WordPress Hosting: Full refund within 30 days of initial purchase for annual plans. Full refund within 72 hours for monthly/quarterly plans.
• Cloud Hosting: Full refund within 15 days of initial purchase for all plans.

4.3. Non-Refundable Services

VPS Hosting, Dedicated Servers, domain name registrations (including promotional free domains), SSL certificates, software licenses, administrative fees, setup fees, and any third-party add-ons are strictly non-refundable.

4.4. Refund Exclusions and Special Conditions

• Promotional Offers: By using a promotional code, you may forfeit your eligibility for a refund. The specific terms of the promotion will apply.
• Method of Refund: Approved refunds are typically processed within 5-15 business days. By default, refunds are issued as account credit. Cash refunds, where applicable, are sent to the original payment source and may be subject to an administrative fee.
• Terms Violations: No refunds will be issued for accounts terminated due to a violation of our Terms of Service.

5. Acceptable Use Policy (AUP)

You agree not to misuse the Services or help anyone else to do so. You are strictly prohibited from using your account or our Services to engage in, promote, or facilitate illegal, abusive, or irresponsible behavior. This includes, but is not limited to, the following:

5.1. Prohibited Content

• Content that is illegal under Nigerian law or the laws of any jurisdiction where the content is accessible.
• Content that infringes on the intellectual property rights of others (e.g., copyrighted material, trademarks).
• Hate speech, defamatory, harassing, or abusive content.
• Content related to terrorism or extremist activities.
• Pornography or sexually explicit content, unless expressly permitted by your specific service plan in a jurisdiction where it is legal.

5.2. Prohibited Actions

• Sending unsolicited bulk email (spam) or violating our Anti-Spam Policy. This includes mail bombing, and sending email to purchased lists.
• Distributing malware, viruses, worms, trojan horses, or any other destructive or deceptive code.
• Engaging in phishing, pharming, or any other activity designed to steal personal information.
• Launching denial-of-service (DoS) attacks or any other activity that disrupts our network or the services of other users.
• Running public proxies, TOR nodes, or cryptocurrency mining scripts.
• Consuming excessive server resources (CPU, memory, I/O, bandwidth) that negatively impact other customers. We reserve the right to suspend or terminate accounts found to be abusing resources.

5.3. Enforcement

We reserve the right to investigate any suspected violation of this AUP. We may, at our sole discretion, suspend or terminate your account without notice or refund if a violation is found. We may also cooperate with law enforcement authorities in the investigation of any suspected criminal activity.

6. Service Levels & Uptime

6.1. Uptime Guarantee

Nabtech provides a 99.9% uptime guarantee for our network and hosting services. This guarantee covers unscheduled outages of our network infrastructure and servers.

6.2. Exclusions

This guarantee does not cover downtime resulting from: (a) scheduled maintenance (announced at least 5 days in advance); (b) customer-caused errors in code, configuration, or third-party applications; (c) denial-of-service attacks or other malicious third-party activity; (d) failures of upstream providers or the internet at large; (e) circumstances beyond our reasonable control (Force Majeure).

6.3. Service Credits

If we fail to meet the 99.9% uptime guarantee in a given month, you are eligible for a service credit. For each hour of verified downtime, you will receive a credit equivalent to one day of your monthly hosting fee, up to a maximum of 10% of your next renewal fee. Credits must be requested via a support ticket within 14 days of the incident.

7. Customer Responsibilities

7.1. Content & Data Backups

You are solely responsible for all data and content you upload to our servers. You must provide material in a "server-ready" condition, which is a form requiring no additional manipulation by Nabtech. YOU ARE RESPONSIBLE FOR MAINTAINING YOUR OWN BACKUPS. While Nabtech may offer courtesy backup services, these are not guaranteed. We are not liable for any loss of data, and we strongly recommend you maintain your own regular, off-site backups.

7.2. Technical Knowledge & Software Licensing

You agree that you possess the necessary technical knowledge to use our Services. This includes a working knowledge of Internet languages, protocols, and software such as HTML, FTP, and relevant scripting languages (e.g., Perl, Shell Scripts). It is not our responsibility to provide this knowledge or support outside of our defined Services. You are also responsible for ensuring you have the proper licenses for any software you install or use.

7.3. Hardware and Software Compatibility

You are responsible for providing all hardware, software, and services necessary to access our Services. Nabtech makes no warranties or assurances that your equipment will be compatible with our Services.

7.4. Cooperation with Investigations

You agree to cooperate with any reasonable investigation by Nabtech into your adherence to these Terms. Failure to cooperate is grounds for immediate termination of your Services.

8. Intellectual Property

8.1. Nabtech's Property

All services, software, trademarks, and content provided by Nabtech are the exclusive property of Nabtech Digitalnet Limited and its licensors. These Terms do not grant you any right, title, or interest in our Services or trademarks.

8.2. Your Content

You retain all ownership rights to the content you upload to our servers. You warrant that you have the right to use any trademarks and copyrights applicable to all content and products made available through your account. By using our Services, you grant Nabtech a worldwide, non-exclusive, royalty-free license to host, store, and transmit your content as necessary to provide the Services to you.

9. Server & Specific Service Terms

9.1. Dedicated Servers & Cloud Services (NabtechCompute)

• Payments: All payments for Dedicated Servers and VPS are strictly non-refundable.
• Downtime: Nabtech is under no obligation to compensate you for downtime on these services, regardless of the cause.
• Labor Fees: Any hands-on labor requested by you, including but not limited to OS re-installations or hardware upgrades, shall incur a one-time labor fee of ₦74,000 per incident.
• Security (Unmanaged Servers): For unmanaged servers, you are fully responsible for all system security. This includes patching the kernel within 7 days of a security announcement and applying all software security patches within 7 days of their release. Failure to comply is grounds for termination without refund.
• Security (Managed Servers): For managed servers, Nabtech is responsible for the security of the network, kernel, and base operating system.

9.2. Domain Names

All domain registrations are subject to the policies of the relevant domain registry (e.g., ICANN, NiRA). Parked domains may be pointed to a "Coming Soon" page at our discretion, which may include links to other Nabtech products.

9.3. Promotional Domain Registrations

Customers who register a .NG domain as part of a promotional offer agree to a minimum retention period of one (1) year from the date of registration. During this period, the domain cannot be transferred to another registrar. Transfer requests made before the one-year period is complete will be declined, unless a transfer-out fee, specified by Nabtech, is paid.

10. Limitation of Liability & Indemnification

10.1. Disclaimer of Warranties

YOUR USE OF NABTECH'S SERVICES IS AT YOUR SOLE RISK. OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT CONNECTION SPEEDS WILL ALWAYS BE AT THE MAXIMUM ACHIEVABLE RATE.

10.2. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL NABTECH OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF DATA OR PROFITS, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SERVICES. THIS APPLIES TO DAMAGES RESULTING FROM MISTAKES, OMISSIONS, INTERRUPTIONS, OR ERRORS.

Our total liability for all damages and losses shall not exceed the aggregate amount you paid to Nabtech during the six (6) months immediately preceding the claim.

10.3. Indemnification

You agree to defend, indemnify, and hold harmless Nabtech, its employees, and agents from any and all demands, liabilities, losses, costs, and claims (including reasonable attorneys' fees) that may arise from any service you provide, any product you sell, any content you distribute using our Services, or your violation of these Terms.

11. Promotions & Special Offers

• Promotional codes are for new customers only and cannot be applied after signup is complete.
• You may not host any domain on a promotional account that has been previously hosted with Nabtech.
• By using a promotional code, you waive the option to indicate who referred you to Nabtech.
• Using a promotional code may waive your eligibility for our standard money-back guarantee, as specified in Section 4.4.

12. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Services shall be resolved through binding arbitration conducted in Benin City, Edo State, Nigeria. Both parties agree to waive their right to a trial by jury. Before initiating arbitration, the aggrieved party must first send a written notice of the dispute to the other party and attempt to resolve it through good-faith negotiation.

13. Third-Party Services

Our Services may integrate with or provide links to third-party websites or services (e.g., Google Workspace, Let's Encrypt). We are not responsible for the content, policies, or practices of these third parties. Your use of any third-party service is subject to their own terms and policies, which you should review carefully.

14. Notices

All notices to Nabtech must be sent in writing to our physical address as listed on our website. Notices to you will be sent to the email address associated with your account. It is your responsibility to keep your email address current.

15. General Provisions

15.1. Contract Revisions

We reserve the right to revise these Terms at any time. We will provide notice of significant changes, but it is your responsibility to review this page periodically. Your continued use of the Services after any changes constitutes your acceptance of the new Terms.

15.2. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria and the State of Edo, without regard to its conflict of laws principles.

15.3. Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms due to circumstances beyond its reasonable control, including acts of God, war, riot, embargoes, or natural disasters.

15.4. Export Control

You agree to comply with all applicable export and re-export control laws and regulations. You shall not sell, export, or transfer any products or technology received from Nabtech to any destination, entity, or person prohibited by the laws of Nigeria without prior authorization.

15.5. Assignment

You may not assign or transfer your rights or obligations under these Terms without the prior written consent of Nabtech.

15.6. Severability & Waiver

If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect. The failure of either party to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

15.7. Entire Agreement

These Terms, along with any policies incorporated by reference, constitute the entire agreement between you and Nabtech and supersede all prior agreements or communications.