These “Terms and Conditions” or “Terms” are rules you must follow when you use the Kwikaweb website (“Site”) and its services (“Service”). Kwikaweb, run by Kwika Technology Limited, will tell you what you can and can’t do on the site. There’s also a Privacy Policy that talks about how we collect and use your personal information.
When you use the Service, we assume you’ve read and agree with these Terms. These rules apply to everyone who visits or uses the Service. You can only use the Service if you agree to these Terms and any other rules we might post on the Site. If there are third-party service providers involved, their rules apply as well. Sometimes, certain Services might have additional rules. If you use those Services, the additional rules become part of these Terms. If you don’t agree with any of these rules, you can’t use the Service.
The employment of our Services is also guided by the following policies, incorporated herein by reference:
By availing of our Services, you are also consenting to the terms of any additional policies that might be subsequently added to the ‘terms and conditions’ section on our Website.
To use our services, you must abide by our rules (Acceptable Use Policy and Terms of Service). These rules outline proper usage guidelines. Ensure compliance with our current Acceptable Use Policy while utilizing our resources. We reserve the right to change the policy without prior notice, and the updated version takes immediate effect upon posting. Violations may result in website blocking without prior notification, especially for scams, fraud, and gambling websites. We reserve the right to modify the Terms, and it is your responsibility to regularly review them. By continuing to use the Service after any changes, you accept and agree to adhere to the updated rules. We may also modify, halt, or restrict the Service at any time, including features, databases, or content, without prior notice or liability.
To use our Services, you must create an Account and provide accurate personal or business information. If registering for a business or group, you must provide a real person’s name and the business name, ensuring legal authority and granting us necessary permissions and licenses. It is your responsibility to maintain up-to-date and complete information on your Account profile. Safeguard your password and be liable for all activities associated with it. Do not disclose your password to others and notify us promptly of any security breaches or unauthorized access. Prohibited are the use of someone else’s name, unpermitted trademarks, or offensive names. You are accountable for all actions on your Account unless unauthorized or due to negligence. Providing correct, complete, and current information is mandatory, failure of which may result in immediate termination of your Account. We will set up your Account upon payment verification and fraud check. Payment methods include bank transfer or online options; cash deposits require additional KYC information. An email address not using webmail domains must be provided, serving as the primary contact. It is your responsibility to keep the email address and domain contact information accurate and updated. Failure to do so may result in registration lapses. Ensure compliance with our rules for your hosted sites; misuse may lead to account suspension without refund.
This section outlines the legal obligations and representations that users must adhere to when accepting the Terms and utilizing the Services. These commitments include:
– You are older than 18 years;
– You are mentally healthy and can legally agree to contracts and these Terms;
– All personal details you give about yourself are true and correct as far as you know;
– You have a bank account in your own name with a bank that has a proper license. You will use this account to move money to our account when you do transactions on the Site;
– If you are signing up or accepting these Terms for a group like a company, trust, or partnership, you have the legal right to do this. We might ask for proof of this legal right (like a copy of any paper that shows you have this right and it’s still valid); and
– You are not breaking any laws or rules that apply to you or any company, trust, or partnership that you are acting on instructions from;
– You are the owner of, and are responsible for, all content or information on, gotten, or sent via, the Service, whether the Customer uses such content or information.
Before buying a domain name on our Site, you need to make sure that the domain name doesn’t break any other domain name, trademark, or business name owned by someone else.
Any issues related to your domain name and trademarks will be handled according to our Policy for Trademark/Copyright Infringements.
We offer assistance with site transfers, but we cannot guarantee the completion or timing of the transfer due to variations in hosting platforms and data formats, which may make it challenging or impossible to move certain account data. While we will make an effort to assist, there may be cases where data cannot be transferred from an old host.
To access or transfer the account of a registered client, you must establish your relationship with them, obtain written permission from the client, and provide a signed letter absolving us of responsibility. If claiming that the website was created by a registered client, their written permission is required for the transfer. In the event of the client’s demise, submission of the death certificate and a letter assuming responsibility for the account and indemnifying Kwikaweb are necessary.
The Service and its original content are the exclusive property of the Company, protected by copyright, trademark, and other laws. Unauthorized use of our trademarks is prohibited without written consent. Users are prohibited from deciphering, modifying, copying, or transferring any part of the Service, except as permitted by applicable laws. If you provide Feedback to the Company, we may use, disclose, or distribute it without any obligations or restrictions, and such use does not grant you proprietary rights.
Please note that this is a summary of the prohibited activities, and the full Terms of Service should be referred to for comprehensive details. It is essential to adhere to these guidelines and take appropriate measures to ensure compliance. Failure to comply with these prohibited activities may result in disciplinary action, including but not limited to account suspension, legal consequences, or termination of services.
You are solely responsible for your data and files stored on your account, and Kwikaweb bears no liability for any loss. It is your responsibility to maintain proper backups of all files and data stored on Kwikaweb servers.
If a promotional or bundled product/service, like a domain name, is not renewed before expiry or encounters billing changes, the promotional terms are nullified. The free product then defaults to the standard renewal rate, calculated using the current price. Domain name promotional discounts aren’t usually applicable to renewals, transfers, premium, trademark domains, and pre-registration fees. Exceptions only apply if explicitly stated in the promotional details. Hence, any unmentioned case isn’t eligible for domain name promo discounts.
Kwikaweb can terminate, suspend, or limit account access anytime, with or without prior notification. Misbehaviour towards our staff in any manner can lead to your service suspension or termination. Only first-time accounts qualify for a refund. For instance, former or additional accounts created after the first aren’t eligible for refunds. Infringing the Terms of Service will nullify any refund.
Inodes overuse warning is triggered at 250,000 on any shared/reseller account. If unaddressed, account suspension may occur. Accounts exceeding 100,000 inodes are removed from our backup system to prevent overuse. However, we may still back up databases as a courtesy. Each file uses one inode.
Accounts regularly creating and deleting numerous files or accumulating hundreds of thousands of files risk review/suspension. Excessive inodes often result from unchecked primary mailboxes with the catchall address enabled. If messages accumulate, the inode usage could exceed acceptable limits. To disable your default mailbox, follow the steps in cPanel under “Mail” > “Default Address” > “Set Default Address”, then enter “:fail: No such user here”.
Each hosting package comes with a specific monthly bandwidth allowance. If you exceed this limit, we may suspend your account until the next allocation period, require you to purchase additional bandwidth, prompt an upgrade to a higher package, terminate your account, or charge an overage fee. Unused bandwidth from one month won’t roll over to the next.
Kwikaweb reserves the right to modify the prices displayed on its website and adjust the resources allocated to plans at any given time.
You agree to protect Kwikaweb, its affiliates, subsidiaries, officers, directors, employees, and agents from all liabilities, costs, damages, and losses, including direct, indirect or consequential losses, reputational damage, and legal and other professional costs due to: your illegal or fraudulent use of the Services or Site; any negligence or violation of these Terms; knowingly providing incomplete or inaccurate information; allowing others access to your account either intentionally or due to not safeguarding your login details; offering services to third parties using our Services or Website, with or without our permission. This also covers any claims against you for actual or alleged infringement of Kwikaweb’s or any third party’s Intellectual Property Rights arising from your use of our Services or Site.
Kwikaweb, including its directors, employees, partners, and agents, isn’t liable for indirect, incidental, special, consequential, or punitive damages. These include loss of profits, data, goodwill, and other intangibles arising from: your inability to access/use the Service; third-party conduct/content on the Service; obtained content from the Service; unauthorized access/use/alteration of your content. This applies irrespective of the legal theory, informed potential damage, and even if the remedy has failed its fundamental purpose.
You utilize the Service at your own risk. It’s provided “AS IS” and “AS AVAILABLE”, without any express or implied warranties, including those of merchantability, fitness for a specific purpose, non-infringement, or course of performance. Kwikaweb and its affiliates don’t assure uninterrupted, secure, error-free, virus-free Service or that it will meet your requirements.
In response to a lawful request, Kwikaweb may provide subscriber information to law enforcement agencies without additional consent or notification to the subscriber. We commit to fully cooperating with such agencies.
Kwikaweb holds the right to alter its policies at any moment, without providing prior notice.
Our Service may include links to external third-party websites or services, which aren’t owned or controlled by Kwikaweb. We do not endorse, control, or accept responsibility for these third-party websites or services, their content, privacy policies, or practices. Kwikaweb isn’t liable for any damage or loss related to the use or reliance on such third-party services. We urge you to familiarize yourself with the Terms and privacy policies of these external entities.
Kwikaweb may, without notice, terminate or suspend your access to our Services, including deletion of all files, content, and/or domain name registrations, under conditions such as: unpaid fees; violation of agreement terms; behaviour causing harm, potential liability, or business disruption to Kwikaweb; abusive behaviour towards our staff; or compliance with applicable law or other agreement specifications. Following termination, your right to use the Service ends immediately, no advance paid fees will be refunded, and you’ll be liable for all fees and charges incurred prior to termination.
The Terms will be interpreted and guided by the laws of The Federal Republic of Nigeria, excluding its conflict of law principles. Our inability to enforce any rights or provisions of these Terms doesn’t equate to waiver of those rights. If any provisions are deemed invalid or unenforceable by a court, the remaining Terms still apply. These Terms encapsulate the complete agreement between us concerning our Service, replacing any preceding agreements regarding the Service.
Disputes related to the validity, interpretation, and implementation of these Terms, that can’t be resolved amicably through negotiation within 30 days, shall be arbitrated at the Lagos Court of Arbitration (LCA) per the Arbitration and Conciliation Act, Cap A18, Laws of Nigeria. The parties will agree on an arbitrator in good faith, failing which, they’ll seek appointment of one by the LCA. The arbitration, to be concluded within 90 days, will be held in Lagos. The arbitrator’s decision is final and binding. Each party covers their own arbitration costs and the arbitrator’s fees will be split equally.
Your feedback, comments, and suggestions for improving the Kwikaweb Site or Services are welcome and encouraged. Feedback can be submitted via email, through the site’s contact section, or any other means. Feedback given is considered non-confidential and non-proprietary. By providing Feedback, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensating you.
As an affiliate, you’ll earn up to 10% commission on each paid web hosting account, effective 10 days post-purchase via your unique Affiliate Link. Commissions can be withdrawn once the total reaches N2000, with payments made every Wednesday into a Nigerian bank account. The account must be under the affiliate’s name and can’t be merged with other affiliate accounts. Commissions are subject to refund within 30 days if your referral cancels or gets a refund; otherwise, it’s deducted from your account. Note that commissions don’t apply to upgrades, renewals, or price changes post-payout. To ensure proper tracking and commission eligibility, use your Affiliate Link. If a referral failed to use your link, they can still credit you by sending us an email confirmation. Commissions are only for new orders, not renewals. Please remember self-referrals are prohibited.
Infringement of any of the specified rules can lead to instant account suspension with or without prior notice, non-refundable payments, and, if necessary, legal proceedings.
For any queries related to these terms, feel free to get in touch with us at legal@kwikaweb.com.
Note that our terms and conditions are subject to change at any time.