1. Introduction
This agreement constitutes the terms and conditions on which we supply our services described on our website https://domainsmingle.com/ to you (“Services”). Our primary services are website hosting service (“Hosting Service”) or a domain name registration and renewal service (“Domain Registration and Renewal Service”).
By using our domain hosting services, Customers agree to abide by these Terms. These Terms constitute a legally binding agreement between Waycan Tech Ltdand its Customers.
2. Service Subscription
2.1 Eligibility: Customers must be of legal age to enter into a binding contract in Nigeria to subscribe to Waycan Tech Ltd’s domain hosting services.
2.2 Subscription Process: Customers may subscribe to our domain hosting services through our website or by contacting our customer service team. By subscribing, Customers agree to provide accurate and complete information.
3. Service Provision
3.1 Domain Registration: Waycan Tech Ltd facilitates the registration of domain names on behalf of Customers. The registration process is subject to the rules and regulations of domain registration authorities and registries.
3.2 Hosting Services: Waycan Tech Ltd provides hosting services for registered domain names. Customers are responsible for ensuring the security and integrity of their hosted content.
4. Payment
4.1 Fees: Customers agree to pay the fees associated with the domain registration and hosting services provided by Waycan Tech Ltd. Fees are payable in Nigerian Naira and US Dollar unless otherwise specified.
4.2 Payment Methods: Waycan Tech Ltd payment via credit cards. Payments must be made in full and on time.
5. Customer Responsibilities
5.1 Compliance: Customers agree to comply with all applicable laws, regulations, and policies related to domain registration and hosting services.
5.2 Content: Customers are solely responsible for the content hosted on their domain names. Waycan Tech Ltd reserves the right to suspend or terminate services for Customers who violate our content policies. It is your responsibility to ensure that necessary arrangements for access to our Hosting Services are in place.
- Customers are also responsible for ensuring that all persons who access our Services through your Internet connection are aware of these terms and conditions (and in particular our acceptable use policy).
6. Data Protection
6.1 Privacy Policy: Waycan Tech Ltd is committed to protecting the privacy of its Customers’ personal information. Our privacy policy outlines how we collect, use, and protect Customer data.
6.2 Data Security: Waycan Tech Ltd implements industry-standard security measures to safeguard Customer data. However, Customers acknowledge that no data transmission over the internet is entirely secure.
7. Termination
7.1 Termination by Customer: Customers may terminate their subscription to Waycan Tech Ltd’s domain hosting services at any time by providing written notice to Waycan Tech Ltd.
7.2 Termination by Waycan Tech Ltd: Waycan Tech Ltd reserves the right to suspend or terminate services for Customers who violate these Terms or engage in illegal activities.
8. Limitation of Liability
Waycan Tech Ltd shall not be liable for any direct, indirect, incidental, special, or consequential damages arising out of the use or inability to use our domain hosting services.
9. Representations and Warranties
Waycan Tech Ltd warrants and represents that:
- it has the capacity and authority to enter into and perform in terms of this Agreement and to provide the Services to the Customer;
- it is the owner of or has the right to use any intellectual property employed by it during or as part of the Service(s);
- the Services shall be performed in compliance with Nigerian Law and the conditions for lawful processing of Personal Information;
- the Services shall be provided in accordance with the provisions of this Agreement;
- the Services will be performed in a professional manner and that it is and/or it shall use personnel that is suitably qualified and has sufficient knowledge, expertise and competence to perform the Service(s), in accordance with the standard of its industry.
- Save as expressly set out in clauses 1, Waycan Tech Ltd does not make any representations nor gives any warranties or guarantees of any nature whatsoever in respect of the Service(s) and all warranties which are implied or residual at common law are hereby expressly excluded.
- Waycan Tech Ltd does not warrant or guarantee that the information transmitted by or available to Customer by way of the Service(s):
- will be preserved or sustained in its entirety;
- will be delivered to any or all of the intended recipients; or
- will be suitable for any purpose;
- will be free of inaccuracies or defects or bugs or viruses of any kind; or
- will be secured against intrusion by unauthorised third parties; and Waycan Tech Ltd assumes no liability, responsibility or obligations in regard to any of the exclusions set forth in this clause 9.
10. Customer Warranties
In addition to and without limiting any Customer warranty under this Agreement, the Customer undertakes and represents that:
- it has all requisite power and authority to execute and deliver this Agreement and to perform its obligations hereunder; and
- the execution and delivery of this Agreement and the consummation of the transactions contemplated hereby will not conflict with, or result in any violation or breach of, any contract to which Customer is a party.
11. Intellectual property rights
11.1. Customer retain all intellectual property rights in your material, and grant to us a worldwide, non-exclusive, royalty free licence to use, store and maintain your material on our servers and publish it on the Internet for the purpose of providing the Hosting Service to you.
11.2. Customer warrants that your material does not infringe the intellectual property rights of any third party and customer has the authority to grant the licence to us. Waycan Tech Ltd may make such copies as may be necessary to perform our obligations, including making back-up copies of your material.
11.3. Customer will defend, indemnify and hold us harmless against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use of the Services or of any claim or action that your material infringes, or allegedly infringes, the intellectual property rights of a third party.
11.4. If Customer downloads software from our website, Waycan Tech Ltd grants Customer a non-exclusive, non-transferable royalty free licence to use that software for the purpose set out on our website in relation to that software. Such licence will automatically terminate when we terminate providing the Hosting Services to Customer.
11.5. Any third party software that Customer downloads from our website shall be licensed to the customer on the standard software licence terms of the owner of the intellectual property rights in that third party software as those licence terms are notified to you at the time you download such software.
11.6. Waycan Tech Ltd retains all intellectual property rights in the Hosting Services (other than in your material) and our software. Customer must not decompile, disassemble the Hosting Services or our software.
12. Force Majeure
Waycan Tech Ltd shall not be liable for non-performance under this Agreement to the extent to which the non-performance is caused by events or conditions beyond the control of Waycan Tech Ltd.
It is expressly recorded that for purposes of this clause the following shall be considered circumstances beyond the control of Waycan Tech Ltd:
- a Supplier’s fault of interruption that affects the Service(s);
- the non-performance, inability to perform or delay in performance by the upstream provider relating to the provisioning of equipment, services and/or facilities to Waycan Tech Ltd that affects the Service(s);
- acts or omissions of any government, government agency, provincial or local authority (including disruption or suspension of the provision of municipal services) or similar authority, any laws or regulations having the force of law, civil strife, riots, insurrection, sabotage, acts or war or public enemy, illegal strikes, interruption of transport, lockouts, flood, storm or fire;
- all telecommunications infrastructure and communication line faults;
- failure or unreasonable delay by the Customer to report faults/problems to Waycan Tech Ltd; and/or
- the failure of any hardware, software programme, applications(s) or any other computer systems (or any component thereof) or product or service of any third party on whom the Customer relies (whether directly or indirectly) to use the Service(s).
13. Governing Law and Jurisdiction
These Terms shall be governed by and construed in accordance with the laws of Nigeria. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the courts of Nigeria.
14. Modifications
Waycan Tech Ltd reserves the right to modify these Terms at any time. Updated Terms will be posted on our website, and Customers are encouraged to review them periodically.
By subscribing to our domain hosting services, Customers acknowledge that they have read, understood, and agreed to these Terms and any applicable policies referenced herein.
For any inquiries or concerns regarding these Terms, Customers may contact Waycan Tech Ltd Ltd at info@domainsmingle.com