MTN WebPlus Terms & Conditions Webhosting, Personalised Email & Domain Name Services If you order WebPlus services from MTN Nigeria Communications Limited ("MTN Nigeria"), you ("Client", "You" or "Your Company") hereby agree to these Terms & Conditions for Webhosting, Email hosting, Domain Name & Website building services. These terms are supplemental to MTN Nigeria's General Terms and Conditions, Privacy Policy & Acceptable Use Policy and You will be bound to all of these (collectively referred to as the "Agreement"). If there is any conflict within the Agreement, these Terms & Conditions for MTN WebPlus Services will prevail. These additional terms may be amended by MTN Nigeria at any time and without notice to You. Any changes will be published on the website and will be deemed to have been accepted 7 days after publication. 1. Scope of the Agreement 1.1 This Agreement is separate to the additional services supplied by MTN Nigeria in respect of any domain associated with the email services or any other service where email services are included as part of Your package. For these other products or services, please see the appropriate terms. The purpose of this policy is to explain how MTN Nigeria collects, protects, and uses personal data. MTN Nigria is committed to ensuring that any personal data supplied by its customers or is otherwise generated by its business activities is collected and processed fairly and lawfully. 1.2 This Agreement governs the provision of email services to You by MTN Nigeria, in addition to certain maintenance relating to the same (the "Services"). 1.3 The Services consist of MTN Nigeria making a partition on a commonly used email server available to You with certain functions granted to You via a control panel. 1.4 MTN Nigeria agrees to provide the use of the Services to You, for Your exclusive use at the price agreed upon before the initiation of service, for the term as defined in the Agreement and Order Confirmation. 1.5 You represent and warrant that You have or have access to the knowledge and expertise necessary to configure, maintain, and monitor the Services. 1.6 Access to the Services is limited to You and anyone authorised by You. You acknowledge and consent that MTN Nigeria may require limited access to your Services as and when necessary without further notice to you.
2. Service Delivery 2.1 Every reasonable effort is made by MTN Nigeria to maintain the uninterrupted operation of Your Services. Despite this, due to a number of circumstances that are beyond MTN Nigeria's control, you acknowledge that given the nature of such services, MTN Nigeria cannot guarantee that the Services, when delivered via the internet, will be uninterrupted or error free. 2.2 To the fullest extent permitted by law and save as provided elsewhere in the Agreement, the Services are provided by MTN Nigeria to You on an "as is" and "as available" basis and no warranty or representation (express or implied) of any kind are given in connection with the Agreement, including as to satisfactory quality and fitness for a particular purpose. In particular, MTN Nigeria gives no warranty or representation that: 2.3 If You upgrade or restore the default settings of Your Services at any time during the term of the Services You acknowledge that the changes take effect immediately. As such, MTN Nigeria will not be liable for any loss of data or other consequences of such action. 3. Fees 3.1 The Services shall be charged in accordance with the fees set by MTN Nigeria as set out in the Order Confirmation. These may be varied from time to time and published on the MTN Nigeria website. 3.2 When the Services are renewed in accordance with the Agreement, the fees will be charged at the current rate as published on the MTN Nigeria website. 3.3 If You upgrade the specifications of Your Services during the term of the Agreement, the price difference will be charged immediately at a pro-rata rate relative to the remainder of the current service period. Current prices are subject to change and exclude VAT. The full price of the upgrade will then be charged from the renewal of the service onwards. 3.4 If You downgrade the specifications of Your Services during the term of the Agreement, the price difference in relation to the remainder of the current service period will not be refunded. The full price of the downgrade will then be charged at the start of the following period. The Services will remain at the specifications before You action the downgrade until the end of the year the service is viable for. 4. Support 4.1 The obligation of MTN Nigeria to provide Support Services will not extend to: 4.1.1 rectification of lost or corrupted data; 4.1.2 Ancillary Systems altered modified or varied by other than MTN Nigeria; 4.1.3 attendance to faults arising from the Client's failure to comply with MTN Nigeria's instructions with regard to the use of the Services or any documentation or manuals provided by MTN Nigeria, or operator error or omission; 4.1.4 attendance to faults attributable to the use or interaction of an Ancillary System with other software or systems with which it is not compatible.
4.2 MTN Nigeria reserves the right to charge its standard employee charge out rates i.e additional charges for support where issues to be resolved are not within the normal support level (as published from time to time by MTN Nigeria or as otherwise communicated to you) in addition to the Fees for the carrying out any remedial work described in clause 6.1. 4.3 MTN Nigeria will use its reasonable endeavours to provide the Support Services, but makes no warranty to be in a position to resolve any issue communicated by You. 4.4. 4.5 MTN Nigeria will operate a helpline service to assist the Client and its staff in relation to the Client's use of the Services and the identification and correction of Defects. Assistance via this helpline service may be requested by the Client and provided by MTN Nigeria by telephone, e-mail or helpdesk ticket system provided by MTN Nigeria. The helpline service will be obtained by telephoning and or, e-mailing such numbers or addresses or logging into such ticketing systems, as are notified by MTN Nigeria from time to time. For the avoidance of all doubt the helpline service can only be obtained by using the preceding methods of contact. Any other method applied or used by You or those authorised to act on Your behalf shall not be deemed as a request for assistance and MTN Nigeria may at its sole discretion choose not to answer such a request. 4.6 MTN Nigeria will provide 24/7 telephone support 4.7 If a defect or issue occurs, You must follow the below procedure: 4.7.1 You will notify MTN Nigeria of the problem and provide such information and assistance as MTN Nigeria reasonably requests and requires in connection with the problem; and 4.7.2 MTN Nigeria will analyse the problem and use its reasonable endeavours to rectify the problem in question or propose a solution in connection with the same and of being notified of the same. 5. Remedies & Limitations 5.1 THE TOTAL SOLE AND EXCLUSIVE REMEDY AVAILABLE TO YOU AS THE RESULT OF ANY BREACH OF THIS AGREEMENT, NEGLIGENCE, OR ANY ACTION OR FAILURE TO ACT WHETHER INTENTIONAL OR OTHERWISE SHALL BE LIMITED TO THE TOTAL AMOUNT OF FEES PAID BY YOU TO MTN Nigeria IN THE TWELVE MONTHS IMMEDIATELY PRECEDING ANY ALLEGATION OF THE AFOREMENTIONED ACTIONS. 5.2 In no event shall MTN Nigeria be liable for any loss of profits, loss of business, or any indirect, special, exemplary, punitive, incidental or consequential damages as the result of any such action or inaction without regard to the likelihood of any such damages. 5.3 MTN Nigeria is not responsible for any delay, lack of connection, slow connection, loss of data, loss of usability, or any other similar issues, due, but not limited to, any of the following: 7.3.1 the active or passive negligence of MTN Nigeria, You or any third party;
7.3.2 downtime due to scheduled maintenance; 7.3.3 an upgrade, downgrade or other alteration to Your Services; 7.3.4 hardware failure, (including issues caused by other users on hardware); 7.3.5 Incompatibility; or 7.3.6 Your error. 5.4 MTN Nigeria may limit or deny access to Your Services and its systems if, in MTN Nigeria's judgment and sole discretion, such action is required to prevent damage to the network (including, but not limited to, software and stored data) or to ensure the integrity or security of the network. Part 6 - Domain Services 6.1.Service Provision 6.1 MTN Nigeria WebPlus Services will provide the Domain Services to You upon the terms and conditions set out by NIRA (Nigerian Internet Registration Association). 6.3 The Client acknowledges that, whilst MTN Nigeria will use its reasonable endeavours to register a Requested Domain, MTN Nigeria will not be obliged to accept any request to register or continue to process any registration of a Requested Domain where such a Requested Domain has not been capable of registration. 6.4 The Domain Services are limited to forwarding the application submitted byyou for registration with the relevant naming authority. For the avoidance of all doubt it shall remain the sole responsibility of You the customer Client to verify if the Requested Domain has been successfully registered with the appropriate authority. Upon successful registration, MTN Nigeria will use reasonable endeavours to notify the Client of any renewal dates however MTN Nigeria accepts no liability for the loss of registration of any Domain that has failed to be renewed. 6.5 MTN Nigeria makes no representations or warranties (expressed or implied) of any kind (and they are expressly disclaimed) with respect to availability or likelihood of registration of any Requested Domain. You the customer acknowledges that MTN Nigeria cannot guarantee the reservation or registration of any Requested Domain and that the registration of such domain name will be subject to any registration requirements of the appropriate registry. 6.6 You the customer will at all times comply with the terms and conditions (from time to time subsisting) applying to the registration of domain names published by the relevant naming authority (including the domain dispute resolution policy of that authority) and any other authority having similar force. 6.7 If You the Client wishes to transfer ownership of a Requested Domain then it will procure that all necessary consents to that transfer are obtained and will deliver up to MTN Nigeria on demand, documentary evidence of that all such consents have been obtained. You agree that prior to transferring ownership of a Requested Domain to another person (the "Transferee")You will procure that the Transferee agrees in writing to be bound by the terms of the Agreement. A Requested Domain will not be transferred until MTN Nigeria receives such written assurances as it requires that the Transferee is bound by the terms of the Agreement.
. 6.8 MTN Nigeria will not transfer ownership of a Requested Domain until all Fees attributable to the Domain Services which are due have been paid by You to MTN Nigeria. 6.9 MTN Nigeria may from time to time change the registrar that a Requested Domain is held with, at its discretion and without notice to the Client. 6.10 The Client agrees and acknowledges that MTN Nigeria will make registration information provided by You in relation to the Requested Domain available to any appropriate registration authority, the registry administrators, and other third parties as applicable laws may require or permit including the police or other enforcement authority. 6.11You further acknowledge that MTN Nigeria may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information provided, for purposes of inspection and applicable law. 7 Webhosting Service 7.1MTN Nigeria will provide You the customer web hosting for an annual fee. 7.2 You are allowed to use the service for business/commercial or personal websites or content. Contents All services provided by MTN Nigeria may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any Nigerian (or any other country) law is prohibited. This includes, but is not limited to: copyrighted material, material that is threatening or obscene, or material protected by trade secrets and other statue. You agree to indemnify and hold harmless MTN Nigeriafrom any claims resulting from the use of the service which damages the Client or any other party. Examples of Non-Acceptable Contents or Links Pirated software Hacking programs or archives Warez Sites Illegal MP3's Spamming Software Vip Poster Proxys Background Running Programs We do not allow background-running programs. This includes any IRC related software such as bouncers and bots. In certain cases we may allow programs to run continually in the background, these are considered on a one to one basis and an extra charge will be incurred based on system resources used and operational maintenance needed. 8. Defamation Defamatory speech distributed over the Internet can result in civil liability for the defamer. 9. Refusal of Service MTN Nigeria reserves the right at its sole discretion to refuse or cancel service. Violation of any of MTN Nigeria WebPlus 'Terms and Conditions could result in a warning, suspension, or possible account termination. Accounts terminated due to
policy violations will not be refunded Client. Domains terminated due to policy violations will not be released.. 10. Spam or Unsolicited E-Mail You must not use the MTN Nigeria Network, MTN Nigeria equipment or any MTN Nigeria email address in connection with the transmission of spam, flames, mail bombs, or substantially similar, unsolicited email messages. Your domain may not be referenced as originator, intermediary, or reply-to address in any of the above. This prohibition extends to the sending of unsolicited mass mailings from another service that in any way implicates the use of the MTN Nigeria Network, MTN Nigeria equipment or any MTN Nigeria email address. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested or invited the message. For purposes of this provision, merely making one's email address accessible to the public will not constitute a request or invitation to receive messages. If you are found to have spammed, MTN Nigeria reserves the right to disable your domain without warning. In addition, MTN Nigeria solely reserves the right to refuse or cancel service to known spammers. Lastly, MTN Nigeria reserves the right to determine what violates this policy. As such, any violation may result in cancellation of services without refund. 11. Abuse Any attempts to undermine, slander, libel, threaten, or cause harm to a MTN Nigeria server, customer, employee, or the company directly is strictly prohibited and is grounds for immediate termination without refund. In addition, we will pursue all attempts to the fullest extent of the law. 12. Indemnification We will do our best to ensure 99.9% up time, we advise that you keep a backup copy of you information. Customer agrees that it shall defend, indemnify, save and hold MTN Nigeria (or it's employee's/owners) harmless from any and all demands, liabilities, losses, costs and claims, including reasonable legal fees asserted against MTN Nigeria its agents, its customers, 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, it's agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless MTN Nigeria against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with MTN Nigeria server; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party and (3) copyright infringement. Customer agrees to limit the liability of MTN Nigeria to the amount paid for service. 13.Free Domain Offers When this offer is being run and you have a valid promo code: The terms & conditions for our free domain name offer are plain and simple. We will register the domain name for 1 year on your behalf However you may be asked to allow MTN Nigeria advertise on your website from time to time 14. Refund and Cancellation Policy For payment, MTN Nigeria accepts MTN Voucher/Recharge cards, e-payment cards and payments into our designated bank accounts. MTN Nigeria invoices exclusively via e-mail. MTN Nigeria does not send out invoices via postal services. You the Cutomer are required to notify MTN Nigeria within 14 days of payment and service activation of the desire to cancel. If after Fourteen days (14 days) you wish to cancel your hosting account, you will receive no refund of any monies already paid to
MTN Nigeria. 15. Payment 15.1 The service is a prepay service and as such Your account can only be active when the service has been paid for, it is up to You to ensure payment is made prior to renewal date or the service will be suspended on the due date if full payment of the annual subscription has not been received. Any account whose payment status is not current on the renewal date is deemed late. For late payments please email #ESsalessupport@mtnnigeria.net to arrange payment. 15.2 Payment for the service will be made via epayment or with recharge vouchers on the mtnbusiness website for any of the the basic, premium & unlimited WebPlus packages. 15.3 Payment should be by a single voucher in the exact denomination of the webplus package as no change can be given. 15.4 Payment is exclusive of VAT & any transaction charges 16. Cancellation You must use only one of following methods to deliver an official written notice of cancellation: Please mail #ESsalessupport@mtnnigeria.net. On receipt your account will be pending cancellation within 24 hours. Please include your Name, domain name, username, password and your reason for canceling. 17. Disclaimer MTN Nigeria will not be responsible for any damages your business may suffer. MTN Nigeria makes no warranties of any kind, expressed or implied for services we provide. MTN Nigeria disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by MTN Nigeria and its employees. MTN Nigeria can accept no responsibility for any loss of data or consequences arising from data loss if You do not backup your service. MTN Nigeria furthermore expects that its clients who provide hosting services (resellers) to others will ensure its customers fully comply with all applicable laws concerning the privacy of online communications and any other policy of MTN Nigeria. A customer's failure to comply with those laws will violate this policy. If a customer provides hosting services (resellers) to others and decides to cancel their reseller hosting account with MTN Nigeria then MTN Nigeria will not be responsible for maintaining hosting for the resellers customers. Finally, MTN Nigeria wishes to emphasize that in accepting services, customers indemnify MTN Nigeria for the violation of any law or MTN Nigeria policy, that results in loss to MTN Nigeria or the bringing of any claim against MTN Nigeria. This means that if MTN Nigeria is sued because of activities of the customer that violate any law, or this policy, the customer will pay any damages awarded MTN Nigeria plus costs and reasonable legal fees. Failure to comply with any of our terms & conditions will result in grounds for immediate account deactivation. 18. MTN Nigeria reserves the right to change, edit, or update the policies contained in this document, along with the content on our website at any time for any reason without notice.