Effective date: 14th July, 2023
Introduction
This Terms of Service (“Agreement”) is a legally binding contract between Teqservers Hosting Company (“Teqservers”) and you (“Customer,” ‘you’ or ‘your’) that shall govern the purchase and use, in any manner, of the services provided by Teqservers to Customer (collectively, the “Services”). By purchasing and/or using the Services in any manner, you represent that you have read, understand, and agree to all terms and conditions set forth in this Agreement, and that you are at least eighteen (18) years old and have the legal ability to engage in a contract business. If you do not agree to all the terms and conditions set forth in this Agreement, then you may not use any of the Services. If you are already a customer of Teqservers and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact Teqservers to cancel your subscription.
Ownership and Services Purchased
1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (‘Service Description Page’) based on their description on the Service Description Page as of the Effective Date, as defined below. Teqservers may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by Teqservers as set out on the Service Description Page, are referred to as the ‘Services.’
1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them.
Term of Agreement
2.1. This Agreement becomes effective immediately when Customer checks ‘I Agree to Terms of Service” at the time of order and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of Beta Host, or a release of an update by Beta Host of a revised version.
2.2. The term of this Agreement is set to the Customer’s billing term (‘Term’). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.
Obeying the Law
3.1. Teqservers is a trademark of Teqpixels Digital Limited, registered within the Federal Republic of Nigeria and as such, we are required to comply with the laws and official policies of Nigeria, regardless of where the Services are provided. In addition, Teqservers will comply with appropriate laws and official policies set forth by the Law Enforcement Agencies.
Access, Payments and Billing
4.1. Teqservers reserves the right to charge Customers in person of Teqservers Hosting Company via internet payment gateways or bank deposit. All fees are billed in Nigerian Naira (“NGN”) and are subject to change with seven (7) days prior notice to you.
4.2. Your ‘Billing Term’ is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, annually, biennially or triennially.
4.3. Teqservers is only able to automatically collect payment from customers through third-party online payment gateways. All other payments must be made through cheque or cash-deposit at a designated bank within or outside Nigeria. It is your obligation to ensure that reoccurring fees are paid on their due date.
4.4. As a customer of Teqservers, it is your responsibility to ensure that all billing information on file with Beta Host Limited is accurate prior to making any payment online or offline. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. You remain liable for any charge incurred on any card or bank account used to purchase any of our service.
4.5. Kindly note that we offer shared hosting servicess only and limit the access of our clients to certain features in the cPanel, We do not host Python and JS on our shared plan and clients do not access the to install extentions from their end.
Late Payments
5.1. Any account not paid in full by the end of the first day of the Billing Term will be subjected to a “late penalty” charge of 10% of the past due amount. Following two (2) days of non-payment, Teqservers reserves the right to suspend your Service(s) with Teqservers, and to subsequently terminate Service(s) after thirty (30) days following suspension of Services in the case of cPanel Hosting.
5.2 Teqservers is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Teqservers reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.
Refund Policy and Billing Disputes
6.1. Teqservers offers a seven days (7) days money back guarantee on shared hosting packages. No refunds are offered after the first seven (7) days of Service.
6.2. No refunds are offered on Reseller Packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, advanced support fees, processing fees, payment gateway fees, using your acccount for phishing/spamming, promotion order i.e. order made on either Black Friday & Cyber Monday Offer or software licenses or any promotions. Teqservers reserves the right to deduct fees for value added services or transaction charges that may have been included during your order process, such as Gateway fees and SSL Certificates.
6.3. Only first-time accounts are eligible for a refund under the 7 days money back guarantee. For example, if you had or still have an account with Teqservers before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with Teqservers. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
6.4. Refunds will be issued only to the billing contact on file and may take up to one (1) week to process. Eligible payments older than sixty (60) days may require a refund via Bank or mailed check due to Teqservers’s merchant account policies and procedures.
6.5. The following methods of payment are non-refundable, and refunds will be posted as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, International checks, International payment gateways and foreign bank accounts operated by Teqservers.
6.6. Teqservers will not activate new orders or provide additional Services for customers who have an outstanding balance with Beta Host Limited.
6.7. If you believe there is an error in Teqservers’s billing, you must contact Teqservers about it, in writing, within thirty (30) days of the date you are billed or charged. Teqservers’s obligation to consider your claim is contingent on your providing it with sufficient facts for Teqservers to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify Teqservers in writing or meet the deadline set out above. If Teqservers finds that your claim is valid, Teqservers agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.
6.8. Teqservers shall deduct 10% charge on refunds to bank accounts and all refunds payable outside credit balance of any client account in order to settle bills from the banks and/or payment gate charges.
Chargebacks, Reversals, and Retrievals
7.1. If Teqservers receives a chargeback or payment dispute from a credit card or debit card company, bank, or other payment gateways, your Services may be suspended without notice. A 4,000 NGN chargeback fee plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact Teqservers’s support team to address any billing issues.
7.2. If Teqservers appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Teqservers by the credit card or debit card company or bank. Any double payment resulting from this process will be applied to Customer’s account in the form of a service credit.
Cancellation of Services
8.1. Either party may terminate this Agreement by providing notice to the other as provided herein.
8.2. You may cancel service by completing Teqservers’s cancellation form located at http://teqservers.com.ng/clientarea.php under the specific service options. To reduce the likelihood of error and ensure the security of your account, Teqservers does not accept cancellations via any other method or location, including, but not limited to, telephone, email, or live chat. Cancellations are final once approved by the caution message, the system will automatically handle it in due request.
8.3. Cancellations must be requested via the form indicated above 48 hours or more prior to the Service’s renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
8.4. If you pay Teqservers via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Teqservers (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
8.5. Teqservers may terminate this Agreement at any time by providing notice to Customers via email. Should Beta Host Limited terminate this Agreement for any reason other than a material breach, or violation of Teqservers’s Acceptable Use Policy, any prepaid fees shall be refunded.
8.6. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.
8.7. Account are liable to auto terminate by the system if the system notice inactivity/none pointing of our nameserver to your domain or single/all accounts has been moved to another hosting provider. With this, you agree to keep backup of all accounts on your local system. We will not be held responsible for any files lost as we only keep backup of the entire server not a single account
Refusal of Service
9.1. Teqservers reserves the right to refuse service to anyone at any time. Any material that, in Teqservers’s judgment, is obscene, threatening, illegal, or violates Teqservers’s terms of service in any manner may be removed from Teqservers’s servers (or otherwise disabled), with or without notice.
9.2. Similarly, Teqservers reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. Beta Host Limited is not responsible for any damages or loss of data resulting from such suspension or termination.
9.3. If any manner of communication with Teqservers’s staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
9.4. Teqservers happily accepts orders from outside Nigeria, but may limit accounts from certain countries with a high fraud rate. To help protect Teqservers and its customers from fraud, Teqservers may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
Resource Usage
10.1. Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all Teqservers customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. Teqservers reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.
10.2. Enforced resource limits for shared and reseller packages:
14% CPU Usage
2GB of Memory
15 Running Processes
10 Max MySQL Connections.
70 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
10.3 Teqservers Networks web hosting accounts are not to be used for the purposes of distributing and/or storing an unusual amount of files. We are a web hosting provider not a remote file storage provider. Any web site whose disk space usage for storing the files exceed 70% of its total usage, either in terms of total size or number of files, will be deemed to be using unusual amount of files. At that point, if we find that those files are illegal or harmful in any way, you will be notified. If you do not have any negative intentions such as causing harm to our server or to others with the files you keep, then you have nothing to worry about.
10.4 Customer’s programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. Customer’s programs and services will be limited to 90% of 1 CPU core if found to be using more than 90% of one CPU core per process thread. Subscriber’s programs and services may not use more than 200% of two CPU cores for more than 2 minutes.
Bandwidth Usage
11.1. You are allocated a monthly bandwidth allowance depending on the hosting package you purchase. 11.2. Should your account pass the allocated amount, Teqservers reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.
11.3. Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts.
Licenses
12.1. Teqservers grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Teqservers solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in Teqservers’s technology shall remain with Teqservers, or its licensor’s. You are not permitted to circumvent any devices designed to protect Teqservers, or its licensor’s ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
12.2. You grant Teqservers, or to any third parties used by Teqservers to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensor’s.
Service Modifications
13.1. Teqservers reserves the right to add, modify, or remove any or all features from any service Teqservers provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and Teqservers does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term ‘materially’ means that a reasonable business person would not have purchased the Services for the purposes used by you.
Uptime Guarantee
14.1. Teqservers guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.98% of the time in any given calendar month. If Teqservers fails to meet its Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
14.2. Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be sent via our official request form at https://teqservers.com.ng/client/submitticket.php later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.
14.3. For example, if you experienced less than 99.98% uptime in the month of November, you would need to submit your request for credit no later than December 10th.
14.4. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer’s ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Private Servers (‘VPS’) or Dedicated Server packages. All credits are at the discretion of Teqservers, based on its investigation of any issue that is covered by this section.
14.5. If Teqservers provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.
Support Policy
15.1. Teqservers will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is via Teqservers’s help desk at https://teqservers.com.ng/client/login . Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
15.2. Limited support will be provided, at Teqservers’s discretion and subject to availability of staff, via telephone and/or live chat. Teqservers will always do its best to provide fast, friendly, and helpful support over the telephone and live chat, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.
15.3. Inquires via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be sent via the help desk. Teqservers reserves the right to direct any issue to the help desk at its discretion and to refuse to provide support for such issues via telephone or live chat.
15.4. Resellers are responsible for supporting their own customers. Teqservers does not provide support to its resellers’ customers. If a reseller’s customer contacts Teqservers, Teqservers reserves the right to place the customer account on hold until the reseller can assume its responsibility for its customer. All support requests must be made by the reseller on its customers’ behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller’s account and the actions of their customers. Teqservers will hold any reseller responsible for any of its customers’ actions that violate the law or the terms of service set forth in this Agreement.