Terms & Condition

Last Updated:

May 05, 2022

PLEASE READ THESE TERMS OF SERVICE CAREFULLY.

Nabtech Digitalnet Limited offers a range of services to customers, encompassing hosting and website solutions. These include shared, VPS, and dedicated hosting, WordPress hosting, software licenses, email, cloud services, and domain registration services, among others. Collectively, these are referred to as "Services."

By utilizing Nabtech's Services, you acknowledge and agree to abide by these Terms of Service and any other policies or terms referenced or published by us (collectively, the "Terms"). If you do not agree to these Terms, please refrain from registering an account or accessing, purchasing, or using Nabtech's Services in any way.

These Terms constitute a legally binding agreement between Nabtech and any individual or organization that acquires, accesses, or utilizes Nabtech's Services (referred to as "Customer" or "You"). You represent and warrant that (a) you possess the full authority and capability to enter into and fulfill these Terms, or (b) if you are using these Services on behalf of an organization, entity, or group, you have the authorization to accept these Terms.

Financial Arrangements

1. 1. You agree to a minimum thirty (30) day contract, commencing upon the initiation of service. The specific contract duration is determined during signup.
2. 2. You acknowledge that you are solely responsible for all charges and fees associated with your account.
3. 3. If you wish to terminate Nabtech shared Web Hosting services within 30 days of the initial signup, you may do so for any reason (except for disablement due to Terms of Service or Spam Policy violations) and receive a prompt refund.
4. 4. Services provided by third parties and Nabtech partners do not fall under the 30-day refund policy, and no early termination credit applies. Billing ceases at the end of the term during which the service is canceled.
5. 5. AUTOMATIC RENEWAL: Upon the conclusion of the contract term, it will automatically renew at the prevailing non-promotional rate for the original contract duration, continuing indefinitely until canceled.

Nabtech will automatically renew the applicable service when it comes up for renewal and will process payment using the payment method linked to your account. If you prefer not to have any service automatically renewed, you can opt to cancel that service. In such a case, your Services will terminate upon the expiration of the current term, unless you manually renew them before that date. To prevent automatic renewals, you must cancel your Services before their renewal date(s). Renewal dates become effective at midnight, GMT.

If your payment card is deemed expired, invalid, or otherwise unchargeable, you consent to Nabtech utilizing alternative payment methods associated with your bank account, such as new credit card details provided by your card issuer. If a shared hosting service is terminated after the 30-day money-back guarantee period, the service will be canceled before the next payment is due, and no further billing will occur, with no refunds provided, even for unused portions. Any non-refundable charges that have already been incurred must be settled before the account can be canceled.

You can initiate the cancellation process by accessing the Manage Account panel page. Detailed and current cancellation instructions can be found on the website.

6. The "30-Day Money-Back Guarantee" offer is only applicable to credit card payments for shared web hosting. Other forms of payment are non-refundable. Refunds can only be processed for shared hosting. Domain registrations (including the value of any used free domain registrations included with the plan) are not refundable under any circumstances. SSL certificates are non-refundable. The value of any AdWords credit or other third-party add-ons is non-refundable.

Refund Policy

To qualify for a refund, you must first cancel the service for which you seek a refund. Refunds can only be issued for concrete, specified issues that we are unable to resolve. The policy aims to ensure that requests for refunds are substantiated by legitimate dissatisfaction, unmet service needs, or unresolved issues. Cancellations can be made by:

• Sending an email to the Nabtech Billing Department at billing@nabtech.com.ng
• Opening a support ticket from your Nabtech Client Area

Each service has its own refund eligibility period, outlined below.

General Terms for All Services

• Service Cancellation: You must cancel the service before requesting a refund.
• Terms of Service Violation: If your service is suspended due to a breach of Nabtech’s Terms of Service, you will not qualify for a refund.
• Service Downgrades: Downgrading your service package does not make you eligible for a refund.
• Refund Method: By default, refunds will be credited to your Nabtech Client Account. Cash refunds, when applicable, will only be sent to the bank account that matches the original payment information.

Hosting Services

• Linux and Windows Shared Hosting:
  • Annual plans can be canceled within 30 days for a full refund.
  • Monthly and Quarterly plans must be canceled within 72 hours for a refund.
• Managed WordPress Hosting: 30-day refund period for annual plans. No refunds for monthly plans.
• Cloud Hosting: 15-day refund period for all plans.
• VPS Hosting and Dedicated Servers: These services are non-refundable.

Refund Processing Time

Refunds will be processed within 5 to 15 business days from the date the refund request is approved. Refunds will be subject to an administrative fee deducted from the refund amount.

7. Violations of Nabtech's Terms may, at Nabtech's discretion, result in immediate and permanent disablement without refund.

8. Nabtech reserves the right to disable or suspend without refund any account or service at any time should it feel, in its sole discretion, that there is a reasonable suspicion that it is being used in violation of any agreed upon terms.

9. Disputed charges ("chargebacks") associated with any Nabtech account, at Nabtech's discretion, may result in immediate and potentially permanent disablement of Services or the full account. Each rejected charge will incur a ₦36,750 fee on the account which must be paid before any Services may be reactivated.

10. Nabtech reserves the right to modify current service plans, fees, and applicable charges at any time. Services that involve outdated or unsupported features may incur additional maintenance fees. In such situations, Nabtech will provide notice to Customer, and will allow Customer to cancel the Services without incurring additional change fees, but no refund will be payable for any fees previously assessed.

11. Nabtech will use commercially reasonable efforts to make Nabtech Products available 99.9% of the time during each monthly billing cycle. If Nabtech is unable to meet this service level, you will be eligible to receive a credit to apply to future Nabtech Products billing cycles based upon the Unavailability for that month.

   1. For the purposes of this agreement, Unavailability means that either (a) the Nabtech Products service is unresponsive, or (b) Nabtech Products returns a server error response to valid user requests for more than 60 seconds of consecutive requests.

   2. Unavailability that is a result of scheduled maintenance is excluded from these conditions and will not be considered for service credit calculations. Scheduled maintenance is defined as maintenance that is announced at least 5 days in advance, and does not exceed one hour in any month.

   3. Service credits will be calculated as a percentage of the bill for the billing cycle that the Unavailability occurred. The percentage for the credit will be calculated by dividing the number of minutes of Unavailability by the total number of minutes in that billing cycle.

  4. Service credits must be claimed within 14 days of the Unavailability occurring by submitting a support ticket. Include as much detail as required to document the Unavailability.

Taxes

1. Nabtech shall not be liable for any taxes or other fees to be paid in accordance with or related to purchases made from Customer or Nabtech Web Hosting's server. Customer agrees to take full responsibility for all taxes and fees of any nature associated with such products sold.

Material Products

1. Customer will provide Nabtech with material and data in a condition that is "server-ready", which is in a form requiring no additional manipulation on the part of Nabtech. Nabtech shall make no effort to validate this information for content, correctness or usability.

2. Use of Nabtech's service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of Customer's Webspace by the Customer.

3. The following examples are offered:

 1. Web Publishing: requires a knowledge of HTML, properly locating and linking documents, FTPing Webspace contents, Graphics, text, Sound, imagemapping, etc.
 2. CGI-Scripts: requires a knowledge of the UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
 4. The Customer agrees that they have the necessary knowledge to create Customer's Webspace. Customer agrees that it is not the responsibility of Nabtech to provide this knowledge or Customer Support outside of the defined service of Nabtech.

5. Nabtech will exercise no control whatsoever over the content of the information passing through the network, provided that it adheres to all other conditions set forth in our Terms of Service and Acceptable Use Policy documents.

6. Nabtech reserves the right to police its network to verify compliance with all agreed upon Terms.

7. The Customer agrees to cooperate in any reasonable investigations into their adherence to all agreed upon Terms. Failure to cooperate is grounds for immediate disablement of all accounts/service plans.

8. Nabtech reserves the right to disconnect any website or server deemed to present a security threat to Nabtech's customers, servers, or network.

9. The opening of multiple accounts or service plans in order to bypass any restrictions or overage charges set forth by Nabtech is grounds for termination of all Services.

10. Nabtech makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Nabtech also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by the Customer, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Nabtech is at the Customer's own risk, and Nabtech specifically denies any responsibility for the accuracy or quality of information obtained through its Services. Any mention of connection speeds associated with Nabtech's Services represents the maximum achievable speed. Nabtech does not guarantee that the customer will achieve the maximum connection speed at all times, as this depends on a variety of factors (including your own internet connection!). Nabtech expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.

11. Nabtech specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Nabtech may, at its option and at any time, reject this material, including but not limited to after it has been put on Nabtech’s servers. Nabtech agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Nabtech. If the Customer fails to modify the material, as directed by Nabtech, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.

12. All domain names registered through Nabtech or its previous domain registration site, nabtechonlineng.net, that are 'parked' or are otherwise not immediately associated with a Nabtech hosting plan will be automatically pointed to a "Coming Soon" web page which informs visitors that the registrant has recently registered their domain name via nabtech.com.ng . The Coming Soon web page may be modified at any time by Nabtech without prior notice to you and may include such things as, without limitation, links to additional products and Services offered by Nabtech.

Trademarks & Copyrights

1. Customer warrants that it has the right to use the trademarks and copyrights applicable to all content and/or products being made available through the customer's account.

Hardware, Equipment, & Software

1. The customer is responsible for and must provide all telephone, computer, hardware and software equipment and services necessary to access Nabtech Services.
2. Nabtech makes no representations, warranties or assurances that the Customer's equipment will be compatible with Nabtech Services.

Guaranteed Uptime

1. Nabtech guarantees 100% uptime. A failure to provide 100% uptime will result in customer compensation pursuant to guidelines established herein.

2. Customer is entitled to compensation if Customer's web site, databases, email, FTP, SSH or webmail become unusable as a result of failure(s) in Nabtech systems for reasons other than previously announced scheduled maintenance, coding or configuration errors on the part of the Customer.

3. Customer will receive Nabtech credit equal to the Customer's current hosting cost for 1 (one) day of service for each 1 (one) hour (or fraction thereof) of service interruption, up to a maximum of 10% of Customer's next pre-paid hosting renewal fee.

4. Nabtech's assessment of downtime begins when Customer opens a support ticket to report the problem.

Nabtech Dedicated Server and NabtechCompute Stipulations

1. Bandwidth pricing and measurement frequency are subject to change at Nabtech's discretion. Customers affected by such changes will be notified no less than thirty (30) days in advance by Nabtech.

2. Nabtech is under no obligation to compensate Customer for downtime, whether the downtime is caused by Customer, Nabtech, or Nabtech's upstream providers.

3. Customer agrees that dedicated server payments are NONREFUNDABLE. For example, if Customer submits payment for twelve (12) months of service, service will be provided for twelve (12) months and will not be refunded if Customer chooses to discontinue service with Nabtech mid-way through the term. NabtechCompute services will be billed on a monthly basis; existing NabtechCompute customers may remain on a pre-paid billing plan, but new customer accounts will be subject to a usage-billing plan. Termination or upgrades of NabtechCompute services will result in the following refund and billing procedures:

  1. Pre-Paid Billing NabtechCompute Plan: Any termination or upgrade will result in a refund of the prorated value of the plan for the last billing period.
 
  2. Usage-Billing NabtechCompute Plan: Any termination will result in the customer being billed for usage, rounded up to the nearest hour.
 
  4. Hardware upgrades to an existing 'platform' (platform defined as a motherboard/chassis combination) will be performed by Nabtech and shall incur an additional one-time labor fee of ₦74,000 as well as an increase to Customer's standard monthly rate.
 
  5. Any hands-on labor necessitated by the customer (including, but not limited to, re-installing the operating system on the server) shall be performed by Nabtech and shall incur an additional one-time labor fee of ₦74,000 for each incident.

  6. Nabtech reserves the right to alter the dedicated server packages advertised on its website at its discretion. Nabtech is not required to upgrade Customers' hardware or bandwidth allocation as a result of a pricing or service package change. There will be an additional charge of ₦140,000 associated with any such hardware upgrade requested by Customer. Customer will not be required to upgrade hardware as a result of a pricing change.

  7. For managed servers, Nabtech is responsible for the security of the network, the kernel, and the base operating system (defined as the standard set of debian packages that come installed with the server). Nabtech may take any steps it deems necessary at any time to protect the security of your server (this generally includes applying security patches as well as upgrading the entire operating system).

  8. For unmanaged servers not using a "NabtechCatcher" monitoring option, Customer is responsible for keeping the security of their system up to date. This includes but is not limited to the following requirements:
The kernel will be patched within 7 days of any announced security hole relating to the kernel
Any security patches for all installed software must be applied within 7 days of their general announcement to the security community at large.
 
  9. Nabtech is not responsible for notifying unmanaged servers of the need to apply patches. Failure to comply with these requirements is grounds for termination of contract without refund. Nabtech reserves the right to take any action upon unmanaged dedicated servers it deems necessary at any time to protect the security and integrity of Nabtech's network.

Age

1. The Customer certifies that they are at least 18 years of age, or that their parent or legal guardian will act as the "customer" in terms of this contract.

Termination

1. This contract may be terminated by either party, without cause, by giving the other party 14 days written notice. Nabtech will accept termination by electronic mail. Notwithstanding the above, Nabtech may terminate service under this contract at any time, without penalty, if the Customer fails to comply with the terms of this contract, including non-payment. Nabtech reserves the right to charge a reinstatement fee.

Limited Liability

1. Customer expressly agrees that use of Nabtech's Services is at Customer's sole risk. Neither Nabtech, its employees, affiliates, agents, third party information providers, merchants licensers or the like, warrant that Nabtech's Services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy, reliability or content of any information service or merchandise contained in or provided through Nabtech Services, unless otherwise expressly stated in this contract.

2. Under no circumstances, including negligence, shall Nabtech, its offices, agents or anyone else involved in creating, producing or distributing Nabtech's Server service be liable for any direct, indirect, incidental, special or consequential damages that result from the use of or inability to use Nabtech’s Services; or that results from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission or any failure of performance, whether or not limited to acts of God, communication failure, theft, destruction or unauthorized access to Nabtech’s records, programs or services. Customer hereby acknowledges that this paragraph shall apply to all content utilizing Nabtech’s Services.

3. Notwithstanding the above, Customer's exclusive remedies and Nabtech’s total liability for all damages, losses and causes of actions whether in contract, tort including negligence or otherwise, arising out of or in connection with these Terms or from the use or inability to use the Services, shall not exceed the aggregate amount which Customer paid to Nabtech during the six (6) months immediately preceding the claim.

Promotional Codes

• Referral Indication Waiver: By using a promotional ("promo") code, you waive the option to indicate who referred you to Nabtech. This means you forfeit the opportunity to specify any referral source or person who recommended you to our services.


• Promo Code Submission Limitations: You may not change or submit a promo code or referrer after you've completed the signup process. Ensure that you input the correct promo code or referral information before finalizing your registration, as no modifications will be allowed post-signup.


• Eligibility for New Customers: Promo codes and referral benefits are intended for new customers only. If you utilize a promo code, you are restricted from hosting any domain that has been previously hosted with Nabtech on your account. This policy ensures that the benefits of promotional offers are exclusively available to genuinely new customers.


• Refund Policy: By using a promotional code, you are no longer entitled to refunds. Utilizing a promo code signifies your agreement to forfeit any right to request a refund for the services procured under that promotional offer. This condition is non-negotiable and applies irrespective of the circumstances surrounding your request for a refund.

Domain Transfer Restriction for .NG Domain Promotions

Nabtech Digitalnet Limited ("Nabtech") offers promotional pricing for .NG domain registrations to provide value to its customers. To avail of this promotional offer, customers must be aware of the following conditions and restrictions regarding the transfer of .NG domains registered under this promotion:

1. Minimum Retention Period:

Customers who take advantage of Nabtech's .NG domain promotional offer must commit to a minimum retention period of one (1) year, starting from the date of domain registration.

2. Transfer Restriction:

During the one-year minimum retention period, customers are restricted from initiating domain transfers to another registrar. Any transfer requests made before the completion of this period will be declined.

3. Exceptions:

Nabtech reserves the right to consider exceptional cases where a domain transfer may be allowed before the completion of the minimum retention period. These cases will be reviewed on an individual basis, and a decision will be made at the discretion of Nabtech.

4. Transfer-Out Fee:

In the event that a customer wishes to transfer their .NG domain to another registrar before the completion of the one-year retention period, Nabtech may apply a transfer-out fee as specified in its pricing and fee schedule.

5. Compliance:

Customers are expected to comply with the terms and conditions of .NG domain registrations set forth by the Nigeria Internet Registration Association (NiRA). Any non-compliance with NiRA's policies may impact the ability to transfer the domain.

6. General Terms:

This clause is in addition to Nabtech's general terms and conditions for domain registrations, which customers must adhere to.

By registering a .NG domain under this promotional offer, customers acknowledge and agree to these terms and conditions, including the minimum retention period requirement.

Indemnification

1. Customer agrees that it shall defend, indemnify, save and hold Nabtech harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorneys' fees, ("Liabilities") asserted against Nabtech, its agents, its customers, servants officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by Customer,its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Nabtech against Liabilities arising out of

  1. any injury to person or property caused by any products sold or otherwise distributed in connection with Nabtech's Server;
  2. any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party;
  3. copyright infringement;
  4. any defective product which Customer sold on Nabtech’s servers.

Sanctioned Countries

Customer agrees to comply with all applicable export and reexport control laws and regulations. Department of Commerce, trade and economic sanctions. Specifically, Customer covenants that it shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Nabtech Digitalnet Limited under this Agreement to any destination, entity, or person prohibited by the laws or regulations of Nigeria, without obtaining prior authorization from the competent government authorities as required by those laws and regulations. Customer agrees to indemnify, to the fullest extent permitted by law, Nabtech from and against any fines or penalties that may arise as a result of Customer's breach of this provision. This export control clause shall survive termination or cancellation of this Agreement.

Other Terms and Policies

Customer agrees to abide by the terms set forth in this Terms of Service as well as other Nabtech policy documents including, but not limited to the following, each of which are incorporated herein by reference, and together with the Terms of Service, constitute the entire agreement of the parties:

Anti-Spam Policy
Privacy Policy
Reseller Master Agreement

Customer also agrees to abide by all applicable terms set forth by all Nabtech partners and subsidiaries.

Partner Product Terms

G Suite and Google Workspace: By utilizing Nabtech’s partnered Google Workspace (formerly known as G Suite) service, you agree to the Google Workspace Terms of Service.

Let’s Encrypt: By utilizing a Let’s Encrypt Certificate, you agree to the Let’s Encrypt Subscriber Agreement.

Contract Revisions

As Nabtech evolves, we may modify these Terms from time to time to reflect changes in our business. These modifications may include cancellation of outdated products or Services, additional fees, and changes to our policies among others. In some instances, we may provide you with additional notice of updates including but not limited to adding a statement to the website, via the newsletter, or sending you an email notification. However, it is your responsibility to periodically check for the current version of our Terms by visiting this page (and other pages referenced in the Terms).

If you continue to use or access the Services after the effective date set forth above, you agree to be bound by any revised Terms, and all other terms or policies incorporated herein either directly or by reference.

Transfer

Customer may not assign or transfer Customer’s rights or obligations under these Terms without the written consent of Nabtech.

Governing Law

The Terms and the resolution of any disputes shall be governed by and construed in accordance with the laws of Edo Sate, without regard to its conflict of laws principles.