Introduction

This Terms of Service ("Agreement") is a legally binding contract between serversboon Hosting Company ("serversboon") and you ("Customer," 'you' or 'your') that shall govern the purchase and use, in any manner, of the services provided by serversboon 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 serversboon and do not agree with the terms and conditions set forth in this Agreement, you should immediately contact serversboon to cancel your subscription.

1. 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. serversboon 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 serversboon 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.

2. 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 serversboon, or a release of an update by serversboon 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.

3. Obeying the Law

3.1. serversboon is a trademark of serversboon hosting Company, owned and controlled by serversboon & Internet Services registered and located 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, serversboon will comply with appropriate laws and official policies set forth by the Law Enforcement Agencies.

4. Payments and Billing

4.1. serversboon reserves the right to charge Customers in person of serversboon Hosting Company via internet payment gateways or bank deposit. All fees are billed in Nigerian Naira ("NGN") and are subject to change with thirty (30) 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. Serversboon services limited 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 Serversboon services limited, it is your responsibility to ensure that all billing information on file with Serversboon services 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 incured on any card or bank account used to purchase any of our service.

4.5. No Free Domain Name is offer once payment is made for hosting without domain. Free domain name can only be offered to client if the client forgot to inlude the domain along with the hosting account while placing the order. i.e. For new registration only... Transfer of domain names does not qualify for this offer....

5. 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 or 1,000.00 NGN or its equivalent. Following Fifteen (15) days of non-payment, Serversboon services limited reserves the right to suspend your Service(s) with Serversboon services limited, and to subsequently terminate Service(s) after thirty (30) days following suspension of Services in the case of cPanel Hosting and Three (3) days for virtual private server (VPS) and Dedicated Servers.

5.2. Serversboon services limited is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, Serversboon services limited reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

6. Refund Policy and Billing Disputes

6.1. Serversboon services limited offers a fourteen (14) day money back guarantee on web hosting packages. No refunds are offered after the first fourteen (14) days of Service.

6.2. No refunds are offered on virtual private server (VPS) packages, dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, dedicated IP addresses, 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. Serversboon services limited 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 14 days money back guarantee. For example, if you had or still have an account with Serversboon services limited before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with Serversboon services limited. 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 GTBank or mailed check due to Serversboon services limited'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 Serversboon services limited.

6.6. Serversboon services limited will not activate new orders or provide additional Services for customers who have an outstanding balance with Serversboon services limited. For a new order to be setup or a new package to be activated, you must have a balance of N3500.00 or above, unless otherwise stated by Serversboon services limited in writing.

6.7. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in Nigerian Naira ("NGN"), and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and Serversboon services limited is not responsible for any change in exchange rates between time of payment and time of refund. In addition, Serversboon services limited reserves the right to refuse a refund at any time for any or no reason.

6.8. If you believe there is an error in Serversboon services limited's billing, you must contact Serversboon services limited about it, in writing, within thirty (30) days of the date you are billed or charged. Serversboon services limited's obligation to consider your claim is contingent on your providing it with sufficient facts for Serversboon services limited to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify Serversboon services limited in writing or meet the deadline set out above. If Serversboon services limited finds that your claim is valid, Serversboon services limited agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.

6.9. Serversboon services limited 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.

7. Chargebacks, Reversals, and Retrievals

7.1. If Serversboon services limited 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 Serversboon services limited's support team to address any billing issues.

7.2. If Serversboon services limited appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to Serversboon services limited 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.

8. 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 Serversboon services limited's cancellation form located at http://billing.serversboon.com/clientarea.php under the specific service options. To reduce the likelihood of error and ensure the security of your account, Serversboon services limited 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 Serversboon services limited via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. Serversboon services limited (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. Serversboon services limited may terminate this Agreement at any time by providing notice to Customers via email. Should Serversboon services limited terminate this Agreement for any reason other than a material breach, or violation of Serversboon services limited'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.

9. Refusal of Service

9.1. Serversboon services limited reserves the right to refuse service to anyone at any time. Any material that, in Serversboon services limited's judgment, is obscene, threatening, illegal, or violates Serversboon services limited's terms of service in any manner may be removed from Serversboon services limited's servers (or otherwise disabled), with or without notice.

9.2. Similarly, Serversboon services limited 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. Serversboon services 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 Serversboon services limited'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. Serversboon services limited happily accepts orders from outside Nigeria, but may limit accounts from certain countries with a high fraud rate. To help protect Serversboon services limited and its customers from fraud, Serversboon services limited 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.

10. Resource Usage

10.1. Each customer is required to utilize minimal server resources to ensure reasonable performance for all users. As server CPU and memory are shared resources, excessive consumption can interfere with the normal service performance of other customers. Serversboon services limited reserves the right to suspend or terminate services for any account that, at its sole discretion, is found to be abusing server resources. Such suspension or termination can occur without prior notice.

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. Serversboon services limited web hosting accounts are not to be used for distributing and/or storing an excessive number of files. We are a web hosting provider, not a remote file storage provider. Any website whose disk space usage exceeds 70% for storing files (either in total size or number of files) will be deemed to be using an excessive amount of files. If these files are found to be illegal or harmful, you will be notified. If your intentions are not harmful, you have nothing to worry about.

10.4. Customer programs and services may not use more than 90% of one CPU core per process thread for more than 15 minutes. If found to be exceeding this limit, the customer’s program will be limited to 90% of one CPU core. Additionally, no program may use more than 200% of two CPU cores for more than 2 minutes.

11. Bandwidth Usage

11.1. You are allocated a specific monthly bandwidth allowance depending on your purchased hosting package.

11.2. If your account exceeds the allocated bandwidth:

• Option a): Suspend the account until the next allocation period.
• Option b): Suspend the account until additional bandwidth is purchased.
• Option c): Suspend the account until you upgrade to a higher-level package.
• Option d): Charge you additional fees for bandwidth overages.

11.3. Unused bandwidth does not carry over to the following month, and bandwidth cannot be pooled across multiple servers or accounts.

12. Licenses

12.1. Serversboon services limited grants you a non-exclusive, non-transferable, worldwide, royalty-free license to use the technology provided by Serversboon services limited solely for accessing and using the services. This license terminates upon the expiration or termination of this agreement. All rights to Serversboon services limited's technology remain with Serversboon services limited or its licensors. You are prohibited from circumventing any protective measures for the technology provided.

12.2. You grant Serversboon services limited and its third-party service providers a non-exclusive, non-transferable, worldwide, royalty-free license to use, transmit, and cache content, technology, and information provided by you or your End Users in connection with the services. This license terminates upon the expiration or termination of this agreement.

13. Service Modifications

13.1. Serversboon services limited reserves the right to modify, add, or remove any service features, including but not limited to disk space, bandwidth limits, domain limits, pricing, and third-party applications. These changes can occur with or without notice, and Serversboon services limited does not guarantee the continued availability of any feature. If a change materially impacts your ability to use the service, you may terminate this agreement.

14. Uptime Guarantee

14.1. Serversboon services limited guarantees a 99.98% uptime for your website and services that directly affect its display to the Internet (such as HTTP or MySQL). If Serversboon services limited fails to meet this uptime, you will receive a service credit for one (1) day of service for every sixty (60) minutes of downtime. The first 60 minutes (or 0.1%) of downtime in a month are not counted toward credit eligibility.

14.2. All credits will be applied as a credit toward future services/invoices and cannot be refunded. Requests for credits must be submitted via the official request form at http://billing.serversboon.com/submitticket.php no later than the 10th day of the month following the downtime incident.

14.3. The following circumstances are excluded from the uptime guarantee and are not eligible for credits:

• Scheduled maintenance
• DDoS or similar attacks
• Hardware failures
• Third-party software failures
• Issues caused by the customer’s ISP or firewall blocks
• Any other circumstance beyond reasonable control

14.4. If Serversboon services limited provides a credit or Service Level Agreement (SLA), it will be your sole remedy for defects or issues with the service.

15. Support Policy

15.1. Serversboon services limited provides technical support 24/7. The official method for requesting support is through the help desk at http://billing.serversboon.com/login.php.

15.2. Telephone and live chat support are available at Serversboon services limited’s discretion but are not official methods of support. These mediums are for general inquiries and should not be used for issues requiring access to an account or server.

15.3. For security reasons, resellers are responsible for supporting their own customers. Serversboon services limited will not provide direct support to reseller customers.

16. Advanced Support Policy

16.1. Advanced support is limited to issues related to the physical functioning of the services provided by Serversboon services limited. Any support request outside the scope of standard support or caused by customer error may be subject to an "Advanced Support Fee" of 10,000 NGN ($70) per hour (1-hour minimum). Serversboon services limited will ask for your permission before providing such support.

17. Backup Services

17.1. You are solely responsible for maintaining backups of your files and data. Serversboon services limited offers backups as a courtesy, but these are not guaranteed for accuracy or completeness.

17.2. Backups are performed only for shared and reseller hosting accounts. VPS or dedicated server accounts do not include backup services unless separately purchased.

17.3. Serversboon services limited performs weekly backups for critical files, but users must manually create their own backups for their websites. Serversboon services limited will not restore files that have been deleted or modified by the user.

19. Expired Domain Deletion Policy

19.1. Upon expiration of your domain registration, Serversboon services limited may direct the domain name to servers or IP addresses designated by Serversboon services limited, including parking pages with advertisements. Your WHOIS information may also be altered.

19.2. A service fee of 5,000 NGN is required to generate an EPP code for your domain.