Terms and Conditions

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.

Accepting the Terms

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.

Supplementary Policies and Contracts 

The employment of our Services is also guided by the following policies, incorporated herein by reference:

  1. Backup Policy
  2. Cybercrime Detection Policy
  3. Domain Name Agreement
  4. Fair Use Policy
  5. Privacy Policy
  6. Refund Policy
  7. Trademark/Copyright Infringement Policy

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.

User Agreement

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.

Creating an Account

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.

Legal Commitments and Representations

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.

Registering a Domain Name

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.

Moving From Other Providers

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.

Moving Registered Accounts and Websites

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.

Intellectual Property

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.

Restricted Actions

  1. Users must not engage in any illegal transactions, possess illegal items, or use the Services for illegal purposes.
  2. Kwikaweb reserves the right to refuse any transaction that is suspected to be unauthorized or in violation of laws, rules, or regulations.
  3. Users are responsible for complying with all applicable laws, regulations, and tax obligations, and must not breach agreements, infringe third-party rights, or misuse the Site for commercial purposes or misrepresentation.
  4. Unauthorized access, copying, or misuse of information, including personally identifiable information of other Users, is strictly prohibited.
  5. Spamming, circumventing fees, hosting prohibited websites (e.g., HYIP, Ponzi schemes, gambling), and deceptive marketing practices related to cryptocurrencies are not allowed.
  6. Users must not request or make payments outside the Site, discriminate against or harass others, or use Kwikaweb’s trademarks without written consent.
  7. Any attempt to disrupt or damage the Kwikaweb platform, violate intellectual property rights, or engage in harmful activities is prohibited.
  8. Kwikaweb has the right to monitor and take necessary actions, including disabling access or editing User content, for various reasons outlined in the Terms.
  9. Users must report any inappropriate behaviour and understand that Kwikaweb has no liability beyond legal obligations.
  10. Use of Kwikaweb services to infringe copyright or trademark rights is prohibited, and any violations will result in account suspension or termination.
  11. Hosting illegal content, engaging in fraudulent activities, or distributing copyrighted materials without permission is strictly forbidden.
  12. Users are responsible for ensuring the security of scripts and permissions on their accounts, using secure passwords, and promptly addressing any vulnerabilities.

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.

Payment Terms

  1. Payment Responsibility: You must provide timely payment for the services received from Kwikaweb. Services will be billed on a recurring basis unless you notify Kwikaweb of your desire to cancel.
  2. Payment Information Updates: It is your responsibility to keep your payment information up to date and ensure timely payment of all invoices unless cancellation is requested.
  3. Renewal Notifications: You should notify our billing team via email after paying for a product/service renewal to ensure proper processing. Kwikaweb provides courtesy reminders but cannot be held accountable for missed renewals.
  4. Payment Retrieval Measures: Kwikaweb may use lawful means to retrieve payment, including suspending or terminating domain names or services if payment cannot be charged or in case of chargebacks, reversals, or payment disputes.
  5. Control over Services: Kwikaweb may assume control over domains, services, content, and products purchased, including hosted data, to satisfy outstanding liabilities. Restoration of access is at our discretion upon receipt of unpaid fees.
  6. Wallet Deposits and Transfers: Deposits to your Kwikaweb Wallet can be made to credit your account. The Wallet balance can be used for purchases and renewals of Kwikaweb services, subject to the Company’s discretion.
  7. Wallet Usage and Refunds: Wallet funds are deducted manually or via API for invoice payments. By using your Wallet, you agree to Kwikaweb’s Refund terms. Domain renewals are non-refundable.
  8. Fee Changes: Kwikaweb reserves the right to modify product/service fees and other charges at any time.

Data Backup Responsibility

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.

Promotional Offer Terms

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.

Terminations and Reimbursements

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.

Utilization of Resources

  1. System resources usage exceeding 25% for more than 90 seconds, caused by activities such as CGI scripts, FTP, PHP, HTTP, is not permitted.
  2. Running autonomous server-side processes, like all daemons including IRCD, at any time on our server is forbidden.
  3. Web spiders or indexers, including Google Cash/AdSpy, are not allowed on shared servers.
  4. Software that connects with an IRC network is prohibited.
  5. Bit torrent applications, trackers, or clients are not allowed. You can link to legal torrents off-site but hosting them on our shared servers is not permitted.
  6. Participating in file-sharing/peer-to-peer activities is not allowed.
  7. Gaming servers such as Counter-Strike, Half-Life, Battlefield1942, are not permitted.
  8. Running cron entries with less than 15-minute intervals is forbidden.
  9. MySQL queries shouldn’t exceed 15 seconds and tables must be appropriately indexed.
  10. Local files should be included using PHP include function rather than URL; avoid forcing HTML to handle server-side code; and use HTTPS protocol sparingly due to its CPU intensity.
  11. For bulk email campaigns, customers must include an easy mechanism for recipients to unsubscribe and specify the source of the recipient’s address in each email.
  12. Sites are prohibited from excessive CPU usage, such as sustained usage of over 30% or utilizing “heavy” scripts or oversized Flash/shockwave files that impair user accessibility.
  13. Disk space must not be used as a file repository or dumpsite, including storing content used on other sites (remote linking) or housing files like warez, serials, sound files, applications, or zip files.

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”.

Usage of Data Transfer

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.

Adjustment of Pricing and Resources

Kwikaweb reserves the right to modify the prices displayed on its website and adjust the resources allocated to plans at any given time.

Liability Protection

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.

Liability Constraints

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.

Service Usage Disclaimer

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.

Information Release to Legal Authorities

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.

Amendment of Terms

Kwikaweb holds the right to alter its policies at any moment, without providing prior notice.

Association with External Sites

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.

Service Discontinuation

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.

Legal Jurisdiction

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.

Resolution of Disputes

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.

User Feedback

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.

Affiliate Program Guidelines

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.

Rule Infractions Consequences

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.

Reach Out to Us

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.