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Terms of Service

This agreement (this "Agreement") is between TruDigits and you (individual or legal person) who is signing up for TruDigits' service (the "Order") incorporating this Agreement by reference ("You" or "you"). This Agreement governs your use of all services offered on TruDigits.

1. Summary

The following is a list of terms that you agree to when signing up. For full details please read the appropriate section.

  1. All cancellations must be made at least 10 days before the next service renewal period using the form at the Client Area of this web site.
  2. We do not allow illegal content to be hosted on our servers and we do not allow domains registered through us to be pointed to illegal content.
  3. We do not tolerate abuse to staff.
  4. Failure to pay your bill on time will result in suspension of your account after 7 days. Failure to renew your subscription for any service will lead to the deletion of that service 28 days from its expiry. We will not be held liable for whatever loss you may incure as a result of deletion of your service after 28 days.
  5. Network and Power Uptime SLA is 99.9%

2. Services

Subject to the terms of this Agreement, TruDigits agrees to provide the hosting services described in the Order for the fees stated in the Order.

3. Term

The initial service term of the Agreement shall begin on the date that TruDigits generates an e-mail message to Customer announcing the activation of the Customer's account and shall continue for the number of months stated in the Order. The agreement shall continue to be in force for as long as the service is being renewed. The Initial Term and any Renewal Term may be referred to collectively in this Agreement as the "Term".

4. Invoices

Invoices for new services are payable on, before or 14 days after the due date. Invoices for new services older than 14 days are deleted from our database and corresponding order cancelled.

Invoices for service renewal will be raised 2 weeks before the expiry date of the service and are payable on or before the expiry date to avoid service suspension.

5. Service Expiry

Domain Registration: If this service is not renewed on or before its expiry date, this service is suspended on its expiry date and will be deleted from the database after 28 days. You can renew your domain within 28 days from its expiry. If your expired domain is not renewed after 28 days from date of expiry the domain is deleted from your account and the database and is no longer yours and we cannot reactivate or retrieve your domain thereafter. This applies to both the standalone domain registration service and the free domains that accompany shared hosting plans. In the case of shared hosting plans renewing your shared hosting plan automatically renews your domain.

Shared Hosting, Reseller Hosting and Virtual Private Servers: If this service is not renewed on or before its expiry date it will be suspended 7 days after its expiry date and will be deleted from our servers and database 28 days from its expiry date. Note that once a service is deleted it cannot be retrieved and we do not store any backups of deleted services.

6. Fee Increases

TruDigits may increase its fees for services effective from the next renewal period. We will give advance notice to all customers regarding a price increase.

7. Service Cancellation

You can send a cancellation request to cancel your subscription. Cancellations made after expiry of service will have no backups of temporary access to the service to save any data. No refunds are made to you upon cancellation of your order.

8. Customer Information

You warrant that the customer information you have provided to TruDigits is accurate and can be used to get to you directly.

9. Indemnification

You agree to indemnify and hold harmless TruDigits and our affiliates from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of your services in violation of applicable law or the terms by you or any person using your login information, regardless of whether such person has been authorized to use the services by you.

10. Disclaimer of Warranties

We do not warrant that the services we render will be uninterrupted, error-free or completely secure. To the extent permitted by applicable law TruDigits disclaims any or all warranaties including the implied warranties of merchantability, fitness for a particular purpose and noninfringement. To the extent permitted by applicable law, all services are provided on an "as is" basis.

11. Limitation of Damages

Neither party shall be liable to the other for any lost profits, or any indirect, special, incidental, consequential or punitive loss or damage of any kind, or for damages that could have been avoided by the use of reasonable diligence, arising in connection with the agreement, even if the party has been advised or should be aware of the possibility of such damages.

Notwithstanding anything else in the agreement to the contrary, the maximum aggregate liability of TruDigits and any of its employees, agents or affiliates, under any theory of law (including breach of contract, tort, strict liability, and infringement) shall be a payment of money not to exceed the amount payable by customer for three months of service.

12. Suspension of Service

You as the customer agree that TruDigits may suspend services to you without notice and without liability if:

  1. TruDigits reasonably believes that the services are being used in violation of any of its terms or acceptable usage policy,
  2. Customer fails to cooperate with any reasonable investigation of any suspected violation its terms or acceptable usage policy,
  3. TruDigits reasonably believes that the suspension of service is necessary to protect its network or its other customers,
  4. As requested by a law enforcement or regulatory agency,
  5. You are overdue on the payment of any amount due under the Agreement or You refuse to pay for services under the agreement terms.
  6. You are abusive toward TruDigits or any member of its staff.

13. Termination

The Agreement may be terminated by you prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability if TruDigits fails in a material way to provide the service in accordance with the terms of the Agreement and does not cure the failure within ten (10) days of Customer's written notice describing the failure in reasonable detail. The Agreement may be terminated by TruDigits prior to the expiration of the Initial Term or any Renewal Term without further notice and without liability as follows:

  1. Upon seven (7) days notice if Customer is overdue on the payment of any amount due under the Agreement;
  2. Customer materially violates any other provision of the Agreement, including the acceptable usage policy, and fails to cure the violation within thirty (30) days of a written notice from TruDigits describing the violation in reasonable detail;
  3. Upon one (1) day notice if Customer's Service is used in violation the terms of service or acceptable usage policy of TruDigits.

14. Money Back Policy

TruDigits has a 14 Day Conditional Money Back Policy. If Customer is not satisfied with his/her service within 14 days of purchasing that service, he/she may cancel and will be issued a full refund less any applicable license/control panel/domain registration fees. The exceptions to this are the following:

  1. Customer account is cancelled due to a violation of our TOS/AUP.
  2. A refund is requested due to limitations of Customer's technical knowledge that keep him/her from properly operating a VPS or other product or service offered by TruDigits and purchased by Customer.
  3. A refund is requested due to infrequent or non-use of Customer's service.
  4. A refund is requested due to a technical issue that has not been brought to the attention of TruDigits via one of our approved support channels.
  5. Customer installs or operates software that causes instability in the VPS environment and is not supported by TruDigits.
  6. Customer has previously been a customer of TruDigits and requested and received a refund under this policy for prior service held with TruDigits.
  7. Customer has previously held an account with TruDigits and maintained an active service for more than 7 days with TruDigits.

15. Requests for Customer Information

Customer agrees that TruDigits may, without notice to Customer, (i) report to the appropriate authorities any conduct by Customer or any of Customer's customers or end users that TruDigits believes violates applicable law, and (ii) provide any information that it has about Customer or any of its customers or end users in response to a formal or informal request from a law enforcement or regulatory agency or in response to a formal request in a civil action that on its face meets the requirements for such a request.

16. Back Up Copy

Customer agrees to maintain a current copy of all content hosted by TruDigits nothwithstanding any agreement by TruDigits to provide back up services. Changes to TruDigits' Network Upgrades and other changes in TruDigits' network, including, but not limited to changes in its software, hardware, and service providers, may affect the display or operation of Customer's hosted content and/or applications. TruDigits reserves the right to change its network in its commercially reasonable discretion, and TruDigits shall not be liable for any resulting harm to Customer.

17. Notices

Notices to TruDigits under the Agreement shall be given via support tickets in Client Area, and to Customer shall be given via electronic mail to the individual listed as the Primary Customer Contact on the Order. Notices are deemed received on the day transmitted, or if that day is not a business day, on the first business day following the day delivered. Customer may change his, her or its email address by updating My Details at Client Area.

18. Force Majeure

TruDigits shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond TruDigits' control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

19. Governing Law/Disputes

The Agreement shall be governed by the laws of The Federal Republic of Nigeria as applicable. The Agreement shall not be governed by the United Nations Convention on the International Sale of Goods.

20. Intellectual Property

Each party acknowledges and agrees that the other party retains exclusive ownership and rights in its name, trademarks, service marks, trade secrets, inventions, copyrights, materials, data and other intellectual property. Neither party may use or allow access to any unauthorized personnel, the other party's name, trade mark, service marks, trade secrets, inventions, copyrights, materials, data or other intellectual property without the other party's prior written consent. TruDigits shall make no claim of ownership of data transferred to Customer's server space as provided by TruDigits unless the data is believed to be owned by TruDigits, its vendors, employees, other customers or agents.

This Agreement together with the Order and AUP constitutes the complete and exclusive agreement between the parties regarding its subject matter and supercedes and replace any prior understanding or communication, written or oral.

In the event of a dispute between TruDigits and you regarding the interpretation of the terms here, TruDigits' commercially reasonable interpretation of these terms shall govern.

Last updated: 12/10/2012

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