Please read this agreement carefully, as it contains important information regarding your legal rights and remedies.
The English version of this legal agreements and policy is considered as the only current and valid version of this document. Any translated version is provided for your convenience only, to facilitate reading and understanding of the English version. Any translated versions are not legally binding and cannot replace the English versions. In the event of disagreement or conflict, the English language legal agreements and policies shall prevail.
- OVERVIEW
These Terms of Service (“Terms of Service”) set forth the general terms and conditions of your use of this website (“Site”) and the products and services purchased or accessed through this Site.
Terms of Service and the documents to which they refer, form an agreement (“Agreement”) between the relevant Equipment and Maintenance Ltd indicated below (“Equipment and Maintenance”) and you. The Agreement is made effective as of the date of your use of the Site or the date of electronic acceptance thereof, whichever occurs earlier. The terms “we”, “us” or “our” shall refer to Equipment and Maintenance. The terms “you”, “your”, “User” or “Customer” shall refer to any individual or entity who accepts the Agreement, has access to Customer account at Equipment and Maintenance (“Account”) or uses the Services. - EQUIPMENT AND MAINTENANCE CONTRACTING ENTITY AND APPLICABLE TERMS AND POLICIES
Unless otherwise indicated in the specific documents of the Agreement, the Equipment and Maintenance entity you are contracting with will be determined under the Nigerian Rules Governing the Body.
Your use of this Site or Services is also governed by the applicable agreements and policies, which are incorporated into these Terms of Service by reference. Such agreements and policies include:
• Equipment and Maintenance Agreement
• Referral Program Agreement
• Refund Policy
• other agreements and policies made available to you on the Site.
When your use of the Site or the Services requires us to process any personal data or personal information, we will do so in accordance with our Privacy Policy.
Your electronic acceptance of these Terms of Service signifies that you have read and understood these Terms of Service, along with the applicable policies and agreements, and agree to be bound by the Agreement.
Equipment and Maintenance may, in its sole and absolute discretion, change or modify these Terms of Service, and any policies or agreements incorporated herein, at any time, and such changes shall be effective immediately upon posting to this Site. In addition, Equipment and Maintenance will notify you by email within a reasonable period of time prior to the effective date of any material changes to the Agreement. In the event of a material change detriment to you, you have a right to terminate the Agreement.
Your use of this Site or the Services after such changes or modifications shall constitute your acceptance of the Agreement as last revised. - ELIGIBILITY AND AUTHORISATIONS, SANCTIONS COMPLIANCE
This Site and the Services are available only to persons, who can form legally binding contracts under applicable law.
By using this Site or the Services, you represent and warrant that you:
(i) are at least eighteen (18) years old;
(ii) have the legal capacity to enter into an agreement with us;
(iii) are not a person barred from purchasing or receiving the Services under the laws applicable to these Terms of Service or other applicable jurisdiction; and
(iv) meet the conditions for purchase and (or) use of the Services, if any, as specified in the Agreement, including sanctions compliance clauses.
If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to this Agreement and to act on behalf of such entity with respect to any actions you take in connection with the Site or Services (in such cases, the terms “you”, “your”, “User” or “Customer” shall refer to such corporate entity). If it is later determined that you do not have such authority, you will be personally responsible for all the obligations under this Agreement, including payment obligations. Equipment and Maintenance shall not be liable for any loss or damage resulting from reliance on any instruction or communication reasonably believed to be from an authorized representative of your corporate entity. You further agree to be bound by this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you. - ACCOUNT AND ITS MANAGEMENT
Account and information:
In order to access certain features of this Site or use the Services, you will have to create an Account. You represent and warrant to Equipment and Maintenance that all information you provide when creating your Account is accurate, current and complete. You agree to maintain and promptly update Account information and any other information you provide to Equipment and Maintenance, to keep it accurate, current and complete. Equipment and Maintenance assumes no liability or responsibility for any issues or adverse outcomes that may occur due to inaccurate information provided by you. If Equipment and Maintenance has reason to believe that your Account information or any other information you provide to Equipment and Maintenance is inaccurate, outdated, incomplete or unjustified, Equipment and Maintenance reserves the right, in its sole and absolute discretion, to request you to validate the information (including to provide required supporting documents, which might include government-issued business identification or government-issued photo identification), to suspend or terminate your Account.
For the avoidance of doubt, the individual or entity whose data is listed in the ‘Account information’ section of Account is considered to be the owner of the Account and the data and Services contained therein.
It is your obligation to ensure that you correctly indicate ownership of your Account. If there is a dispute about ownership, the access to the Account may be blocked until the parties to the dispute agree on a resolution, or until the matter is finally resolved by the competent authority. We are not liable for any damages of any nature and type suffered by the Customer or any third party that may result from an ownership dispute or from the blocking of the Account.
Account security:
You are solely responsible for all the activity on your Account. You agree to:
(i) keep your Account secure and follow our security recommendations, including, but not limited to, using strong passwords that adhere to industry-standard security criteria, keeping different login credentials for different Accounts and service providers, changing your password regularly for each Account, enabling two-factor authentication for an added layer of security;
(ii) maintain the confidentiality of your password and other information related to the security of your Account. In the event of loss or disclosure of any means of authentication, you must immediately take available steps to secure your Account and Services (for example, change the means of authentication concerned);
(iii) diligently verify the authenticity of information claiming to come from Equipment and Maintenance (if in doubt, contact us directly through official support channels). Equipment and Maintenance will never request your password, one-time codes or other authentication details via email or other unsolicited communication;
(iv) be solely responsible for ensuring the security and compliance of any third-party applications or tools you connect to your Equipment and Maintenance account, in accordance with applicable standards and regulations;
(v) notify Equipment and Maintenance immediately of any breach of security or unauthorized use of your Account.
Equipment and Maintenance will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Equipment and Maintenance or others incur caused by your Account, whether caused by you, or by any other authorized or unauthorized person. - AVAILABILITY OF SITE AND SERVICES
You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, maintenance, repairs or upgrades, or factors beyond our reasonable control (including, but not limited to, equipment failure, network issues, other failures or unforeseeable disruptions). You acknowledge and agree that we assume no liability to you or any other party with regard thereto.
Services language:
The Services do not support all local languages. If a local language is not supported, then the Service will default to English only. Use of the Services in local language (other than English) or in a certain country may limit certain features or functionalities, including those provided by third parties (e. g. payment methods). - GENERAL RULES OF CONDUCT
- The Site and the Services are intended for your commercial or professional use. By utilizing them, you acknowledge and agree that your purpose is commercial or professional in nature.
- You agree to use this Site and the Services in full compliance with the Agreement.
- You shall not collect or harvest (or permit anyone else to collect or harvest) any Customer Content (as defined below) or any non-public or personally identifiable information about another Customer or any other person or entity without their prior written consent.
- You are prohibited from using this Site or the Services in a manner (as determined by Equipment and Maintenance in its sole and absolute discretion) that:
• is illegal, promotes or encourages illegal content, activity, products or services (regardless of their form);
• promotes, encourages or engages in child pornography or the exploitation of children;
• promotes, encourages or engages in terrorism, war, violence or hatred against people, property or animals, or self-harm;
• promotes, encourages, or engages in fraud and deception, including fake accounts, identity or account theft, data theft, or pyramid schemes;
• engages in online harassment, bullying, stalking, or other forms of abusive or intimidating behavior targeting any person or entity;
• promotes, encourages or engages in any computer or network hacking or cracking;
• promotes, encourages or engages in the
• sale or distribution of prescription medication without a valid prescription and (or) license;
• Illegal wildlife trade;
• infringes on the intellectual property rights or other proprietary rights of another Customer or any other person or entity.
• violates the privacy or publicity rights of another Customer or any other person or entity, or breaches any duty of confidentiality that you owe to another Customer or any other person or entity;
• engages in or instigates actions that cause harm to Equipment and Maintenance or any other person.
• interferes with the operation of this Site or the Services found at this Site;
• contains false or deceptive language, misinformation, disinformation or unsubstantiated or comparative claims (including regarding Equipment and Maintenance or Services). - You agree to back-up all of your Customer Content, including email content, so that you can access and use it when needed. You are solely responsible for backing up your data in all circumstances. Equipment and Maintenance does not warrant that it backs-up any Account or Customer Content and you accept the risk of loss of any and all of your Customer Content.
- You shall not re-sell or otherwise exploit for commercial purposes any of the Services (or portion thereof), including any of Equipment and Maintenance related technologies, without Equipment and Maintenance express prior written consent.
- COMPLIANCE WITH LAWS
Equipment and Maintenance makes no representation or warranty that the content or Services available on this Site are appropriate or permitted in every country or jurisdiction. Your use of this Site or the Services from countries or jurisdictions where its content is illegal is prohibited.
By accessing this Site or using the Services, you agree to be solely responsible for complying with all applicable local, state, national and (or) international laws, rules and regulations. - EQUIPMENT AND MAINTENANCE CONTENT
Equipment and Maintenance Content ownership:
Except for Customer Content, the content on this Site and the Services, whether or not registered and (or) capable of registration, as well as any other copyrightable materials contained on this Site and within the Services (“Equipment and Maintenance Content”), are owned by or licensed to Equipment and Maintenance. Equipment and Maintenance Content is protected by copyright laws.
Equipment and Maintenance Content usage:
Equipment and Maintenance Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and cannot be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without the express prior written consent of Equipment and Maintenance. No right or license under any copyright, trademark, patent, or other proprietary rights is granted under this Agreement. Equipment and Maintenance reserves all rights not expressly granted in the Equipment and Maintenance Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights. - ARTIFICIAL INTELLIGENCE (AI) SERVICES
Equipment and Maintenance may provide you with access to artificial intelligence and machine learning tools and products to assist in managing your Blog, generating content, or enhancing other aspects of your online presence (“AI Services”). This section applies only to the extent that AI Services are used by you as part of the Equipment and Maintenance Services.
Input and Output:
The AI Services enable you to input, provide, or submit a prompt (in the form of text, image, or otherwise) (“Input”) into the AI Services for processing, and thus direct the AI Services to generate the content, designs, or other assets in response to your Input as an output (“Output”). The Input submitted by you and the Output generated through the AI Service are considered Customer Content. Equipment and Maintenance does not claim any ownership rights in the Output to the extent that the Output does not contain any preexisting intellectual property owned by Equipment and Maintenance.
Output accuracy:
You are solely responsible for reviewing the Output for accuracy, bias or intellectual property rights clearance. You should not rely on Output from our Services as a sole source of truth or factual information, or as a substitute for professional advice. Equipment and Maintenance does not guarantee that Output will be unique, original, or free from third-party intellectual property claims.
By using the AI Services, you acknowledge and agree that:
(i) you are solely responsible for ensuring that any Input and Output complies with all applicable laws, including any intellectual property and privacy laws, and does not infringe any third-party rights;
(ii) you are fully responsible for the Inputs you provide to the AI Services, the Outputs generated by it, and any actions taken based on those Outputs;
(iii) you understand the nature and limitations of Outputs and assume all risks associated with using the AI Services;
(iv) Equipment and Maintenance makes no representations or warranties regarding the legality, originality, accuracy, or non-infringement of any Output. You should conduct an independent review and due diligence before using, distributing, or commercializing any Output;
(v) you authorize Equipment and Maintenance to store and use Input and Output for the purposes of providing you with the Services, to develop and improve the Services, including as part of the design, training and development process for machine learning models. - ADDITIONAL RESERVATION OF RIGHTS
Equipment and Maintenance expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify (including access to or control of) any Account and (or) Services for any reason (as determined by Equipment and Maintenance in its sole and absolute discretion), including the following:
I. to correct mistakes made by Equipment and Maintenance in offering or delivering any Services;
II. to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar;
III. to support our fraud and abuse detection and prevention efforts, as well as to prevent activities that threaten the stability of our network and (or) servers;
IV. to comply with:
(a) court’s or authorities’ orders against you and (or) the Services used by you, and (or) any other requests, including subpoena request;
(b) any dispute resolution process (including defense of any legal action or threatened legal action, regardless of whether such action is ultimately determined to have merit);
(c) applicable local, state, national and international laws, rules and regulations;
V. to avoid any civil or criminal liability on the part of Equipment and Maintenance, its officers, directors, employees and agents.
VI. to mitigate risk of damage to Equipment and Maintenance business, operations and reputation.
Harassment policy:
Equipment and Maintenance expressly reserves the right to terminate and (or) suspend (including access to or control of), without notice to you, Account and (or) any and all Services, if, in Equipment and Maintenance sole discretion, you are harassing or threatening Equipment and Maintenance and (or) any of Equipment and Maintenance employees.
Customer Success team rights:
Equipment and Maintenance expressly reserves the right to access, edit and (or) in any other way modify your Account and (or) Services (or any part thereof), including Customer Content, in order to assist you when you reach out to the Customer Service via live chat, email or any other way described and (or) available on the Site.
Operational Oversight:
Equipment and Maintenance also reserves the right, but undertakes no duty, to review use of the Services and (or) Account activity for any activity that may pose a risk to Equipment and Maintenance and (or) Equipment and Maintenance systems. Equipment and Maintenance also may review and (or) change the settings of any Services and (or) Account that Equipment and Maintenance believes, in its sole and absolute discretion, may pose a risk to Equipment and Maintenance, Equipment and Maintenance systems, or any of its environments.
- LINKS TO THIRD-PARTY WEBSITES
This Site and the Services may include (through hyperlinks, banner advertising or otherwise) links to third-party websites that are not owned or controlled by Equipment and Maintenance (“Linked Sites”). Equipment and Maintenance assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any Linked Sites and does not monitor or modify their content. By using this Site or the Services, you expressly release Equipment and Maintenance from all liability arising from your use of any Linked Sites. We encourage you to review the terms and privacy policies of any Linked Sites you visit. Unless otherwise described on the Site, the existence of any links to Linked Sites does not constitute endorsement of such websites, their content, or their services and (or) products. - FEES, PAYMENTS, REFUNDS AND AUTO-RENEWAL
General terms:
You agree that your Payment Method (as defined below) will be charged by Equipment and Maintenance through the Stripe payment Gateway in the course of purchasing Services.
All our paid Services are provided on a subscription basis, unless indicated otherwise. You choose the period of Services and the Payment Method yourself when you purchase the Services. After your chosen first subscription period ends, the provision of Services will be auto-renewed for an additional (subsequent) subscription period (as described below in these Terms of Service). By purchasing Services on a subscription basis (e.g., monthly, annually, or otherwise) and submitting your payment-related information to make a purchase of the Services, you explicitly agree and consent that:
(i) Services will be auto-renewed until you disable auto-renewal feature, and
(ii) you are authorizing recurring payments.
By purchasing our Services, you agree to provide accurate, complete and up-to-date requested information and (or) documents (including personal and payment-related information, as well as you confirm that you are the rightful owner of such provided information and (or) documents or have the necessary rights and permissions to provide it. You also agree to maintain accuracy and completeness of this information throughout your use of Services.
As a general rule, requests and (or) claims related to payments made for the Services (including refunds) will be handled only if they are provided not later than within 30 (thirty) calendar days of the date of purchase of the Service, unless applicable laws provide otherwise.
Fees and payment of fees:
You agree to pay any and all fees due for Services at the time you order the Services. The total amount of fees for a specific (selected by you) Services period shall be charged and paid by you upfront, unless otherwise specified on this Site.
All fees for Services are exclusive of applicable taxes. Nevertheless, you agree that we may calculate, add and charge taxes (including value added tax and goods and services tax), duties and (or) other fees under laws applicable to you and (or) based on your bank and (or) the country indicated in your Account at the time of purchase (including renewal) of Services. You are responsible for all taxes, duties and fees levied on Services.
If for any reason Equipment and Maintenance is unable to charge Payment Method linked to your Account for the full amount owed for the Services, or if Equipment and Maintenance receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to your Payment Method, you agree that Equipment and Maintenance may pursue all available lawful remedies in order to obtain payment, including immediate cancellation, termination or suspension, without notice to you, of any Services in your Account. In such a case, suspension, termination or cancellation of the Services could result in a loss of access to and use of your Services and (or) Account.
Equipment and Maintenance may offer Service-level pricing in various currencies. However, payment processing is supported by currencies displayed on this Site. If the currency selected is a Supported Currency, then the payment will be processed in the Supported Currency and the fees displayed during the checkout process will be the actual amount processed and submitted to your bank for payment. If the currency selected is not a Supported Currency, then the payment will be processed in USD or NGN and the fees displayed during the checkout process will be an estimated conversion price at the time of purchase. In either case (whether the currency selected is a Supported Currency or not), if the payment is processed in a currency that differs from the currency of your bank account, you may be charged exchange rate conversion fees by your bank.
In addition, due to time differences between:
(i) the time you complete the checkout process, and
(ii) the time the payment is processed, and
(iii) the time the payment posts to your bank statement,
the conversion rates may fluctuate and Equipment and Maintenance makes no representations or warranties that
(i) the amount submitted to your bank for payment will be the same as the amount posted to your bank statement (in the case of Supported Currency) or
(ii) the estimated conversion price will be the same as either the amount processed or the amount posted to your bank statement (in the case of non-Supported Currency), and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing).
Change of fees:
Equipment and Maintenance expressly reserves the right to change or modify its fees (including Services’ renewal fees displayed at this Site at the time of your first purchase) for Services at any time, and such changes or modifications shall be posted online at this Site or otherwise communicated to you and shall be effective once the Services in question come up for renewal as further described below, without need for further notice to you. You accept the new fees by continuing to use the Services after the changes or modifications take effect.
Payment methods:
Except as prohibited in any applicable (Service-specific) agreement, you shall pay for Services by utilizing the eligible payment methods (stripe).
Your Payment Method linked to your Account must be kept valid at all times if you have any active Services in your Account. By adding Payment Method to your Account, you:
(i) represent that the Payment Method you use is yours or that you are specifically authorized by its owner to use it for the purchase of Services and that any payment-related information you provide to Equipment and Maintenance is true and accurate, and
(ii) authorize Equipment and Maintenance to charge the Payment Method(s) linked to your Account, and
(iii) authorize Equipment and Maintenance to charge you for any paid Services you chose when making a purchase.
Once you click the “Complete Payment” button in respect of the Payment Methods linked to your Account that offer the “Complete Payment” option, you will automatically place the order for chosen Services and such Payment Method linked to your Account will be charged. Confirmation of that order will be sent to the email address indicated in your Account.
Auto-renewal:
In order to ensure that you do not experience an interruption or loss of Services, all Services include an auto-renewal feature, unless otherwise specified on the Site. Auto-renewal automatically renews the applicable Services at the end of each subscription period for a subsequent subscription period, the length of which is equal to the most recent subscription period before renewal or the initial subscription period (when the Services were purchased at the first time), or any shorter subscription period of the applicable Services, which at that time is available for purchase on this Site.
While the settings for auto-renewal depends on the type of Services and length of subscription period, auto-renewal is a default setting. Therefore, unless you disable the auto-renewal before the renewal payment is charged (“Charge Date”), Equipment and Maintenance will automatically renew the applicable Services when it comes up for renewal and will charge the Payment Method linked to your Account at the then-current fees for relevant Services. You acknowledge and agree that such fees may be higher or lower than the fees for the initial subscription period and (or) most recent subscription period before renewal.
We have the right, but not an obligation, to inform you via email about the upcoming auto-renewal before the Charge Date (e.g., Customers having subscriptions for 1 (one) month period will not be informed).
However, should you disable the auto-renewal and fail to manually renew your Services before the end of the then-current subscription period, your Services will terminate upon expiration of the then-current subscription period. You acknowledge and agree that it is your sole responsibility to modify and maintain your Account settings, including
(i) setting your renewal options, and
(ii) ensuring your Payment Method(s) are current and valid, and agree that your failure to do so may result in the interruption or loss of Services, and Equipment and Maintenance shall not be liable to you or any third party regarding this.
Refunds:
All fees for Services are non-refundable (even if your Services are suspended, terminated or restricted in any other manner, or transferred prior to the end of the Services’ subscription period), unless otherwise expressly specified in the Refund Policy.
All requests for refunds will be handled only if they are provided in accordance with terms and conditions of Refund Policy.
You acknowledge and agree that in a case where refunds are issued to your Payment Method, Equipment and Maintenance issuance of a refund invoice is the only confirmation that Equipment and Maintenance has submitted your refund to the Payment Method charged at the time of the purchase and that Equipment and Maintenance has absolutely no control over when the refund will be applied towards your Payment Method. You further acknowledge and agree that the Payment Method and (or) payment service provider and (or) bank associated with your Payment Method establishes and regulates the time frames for posting your refund.
- SERVICE CHANGES AND DISCONTINUATION
Equipment and Maintenance reserves the right to change, cease offering or providing any Service (or any part thereof) at any time, with or without prior notice. While Equipment and Maintenance strives to maximize the lifespan of its Services, some Services may be discontinued after which they will no longer be provided and (or) supported.
If a Service reaches or its end or will discontinue, we will attempt to notify you at least 30 (thirty) days in advance of the discontinuance date. You are fully responsible for migrating to a new Service or ceasing reliance on the discontinued Service before the discontinuance date. At our sole discretion, we may offer a comparable Service to migrate to for the remainder of your Service term.
Equipment and Maintenance may, with or without notice, migrate you to the most up-to-date version of the Service, if available. You assume full responsibility for
(i) ensuring compatibility and
(ii) any loss or damage arising from such migration. - DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
You specifically acknowledge and agree that your use of this Site, the Services and the services provided on Linked Sites shall be at your own risk and that they are provided “AS IS”, “as available” and “with all faults”.
Equipment and Maintenance, its affiliates, and each of their officers, directors, successors, employees and agents disclaim all statutory, express or implied warranties and make no representations or warranties (and assume no liability or responsibility) for any of the following:
(i) the accuracy, completeness, reliability or content of this Site, Services and (or) any Linked Sites;
(ii) Customer’s ability to use the Site, Services and (or) the Linked Sites at times or location of their choosing;
(iii) that the Services are compatible with any third-party service and (or) software (even if such third-party claims, represents or warrants that such service and (or) software is compatible with the Services).
In addition, you specifically acknowledge and agree that no oral or written information or advice provided by Equipment and Maintenance, its affiliates, all third-party service providers and each of their officers, directors, successors, employees and agents (including call center, chatbot or Customer Service) will
(i) constitute legal, business or financial advice, or
(ii) create a warranty of any kind with respect to this Site or the Services, and Customer and (or) any other person should not rely on any such information or advice.
No person (including any affiliate, third- party service provider, officer, employee, agent), which is not the authorized representative of Equipment and Maintenance, is authorized to make any warranty on Equipment and Maintenance behalf, and any such warranty shall not be binding to Equipment and Maintenance.
Abovementioned disclaimer of representations and warranties shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this Agreement or your use of this Site and (or) the Services. - LIABILITY, LIMITATIONS AND EXCLUSIONS
Liability:
Equipment and Maintenance (including each of their officers, directors, shareholders, beneficial owners, successors, employees and agents) can only be held liable for direct damages and is not liable to you or any other person for any indirect, incidental, special, punitive, or consequential damages whatsoever (regardless of whether they have been apprised of the possibility or likelihood of such damages occurring). This liability is also subject to further limitations and exclusions outlined below.
Exclusions:
In no event shall Equipment and Maintenance be liable to you or any other person for any damages whatsoever that may result from any of the following:
(i) the accuracy, completeness, reliability or content of this Site and (or) any Linked Sites;
(ii) the Services and (or) any services provided on Linked Sites, as well as use of this Site and (or) the Services, and (or) any services provided on Linked Sites;
(iii) any loss of business, revenue, profits, opportunities or any other business-related losses;
(iv) personal injury or property damage of any nature whatsoever;
(v) third-party conduct of any nature whatsoever;
(vi) any unauthorized access to or use of our servers and (or) any and all content, information (including personal, financial information) and data stored therein;
(vii) any loss of data, whether due to hardware and (or) software issues, unauthorized access or any other unforeseen circumstances;
(viii) any interruption, delay, malfunction and (or) suspension or termination of the Services and (or) any services provided on Linked Sites due to events beyond our reasonable control (e. g. force majeure, third-party acts, faults and malfunctions of the machines, software and other equipment);
(ix) any review, scanning, access to Services
(x) any restrictions implied to and (or) cessation, changes of Services and (or) any services provided on Linked Sites;
(xi) any viruses, worms, bugs, trojan horses, or the like (including any removal or attempted removal thereof), which may be transmitted to, from, or through this Site and (or) Services and (or) any services provided on Linked Sites;
(xii) any Customer Content and your use of Services;
(xiii) any Output.
Limitations:
Notwithstanding anything to the contrary contained herein, you specifically acknowledge and agree that:
(i) any cause of action arising out of or related to this Site or the Services must be commenced within 12 (twelve) months after the cause of action accrues, otherwise such cause of action shall be permanently barred; and
(ii) in no event shall Equipment and Maintenance total aggregate liability exceed the actual amount of fees paid by you for the Services in 12 (twelve) months preceding the cause of action giving rise to liability or NGN 200,000 (Two Hundred thousand Naira), whichever is less; and
(iii) no waiver of any provision of the Agreement shall be effective, unless it is in writing and signed by an authorized representative of Equipment and Maintenance.
This section (including limitations and exclusions of liability) shall apply to any and all claims, including those arising from negligence, and to the fullest extent permitted by law and shall survive any termination or expiration of the Agreement or your use of this Site and (or) the Services. - INDEMNITY
You agree to protect, defend, indemnify and hold harmless Equipment and Maintenance and each of their officers, directors, shareholders, beneficial owners, successors, employees and agents (each individually “Indemnified Party” and collectively “Indemnified Parties”) from and against any and all (of every kind and nature) claims, demands, costs, expenses (including reasonable attorneys’ fees), losses, liabilities, damages, suits, actions, proceedings threatened, asserted or filed by a third party against any of the Indemnified Parties and (or) imposed upon or incurred by any of the Indemnified Parties directly or indirectly (collectively “Claims”).
The abovementioned indemnification obligations apply to Claims arising from or relating to any of the following:
(i) your use of the Site, Account or Services;
(ii) your relationships with third parties (e.g. users of your services and (or) products) that directly or indirectly involves the Services;
(iii) your violation of any provision of the Agreement;
(iv) your violation of any third-party right (including any intellectual property or other proprietary right).
The indemnification obligations under this section shall survive any termination or expiration of the Agreement and (or) your use of this Site, and (or) the Services. - GOVERNING LAW AND DISPUTE RESOLUTION
Governing Law. This Legal Agreement shall be governed by and construed in accordance with the laws of Nigeria. You and Equipment and maintenance irrevocably consent that the courts of Nigeria shall have exclusive Jurisdiction to resolve any dispute which may arise in connection with these legal terms.
Dispute Resolution. In the event of a dispute, controversy, or claim arising out of or related to the Agreement, you and Equipment and Maintenance agree to make reasonable efforts to resolve it amicably. The parties shall consult and negotiate in good faith to reach a mutually satisfactory solution before pursuing formal legal action or other dispute resolution processes. You hereby agree that the judicial proceeding to resolve claims relating to the Agreement will be brought in the courts of Nigeria, unless this contradicts mandatory provisions of your local laws. - GENERAL PROVISIONS
Successors and Assigns:
Equipment and Maintenance may assign or transfer its rights and obligations under the Agreement, including engaging subcontractors or agents to perform its duties and exercise its rights hereunder, without your consent. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
Force Majeure:
Equipment and Maintenance is not liable for any failure or delay in fulfilling its obligations under the Agreement, if such failure or delay is caused by events beyond Equipment and Maintenance reasonable control, including acts of God, natural disasters, war, terrorism, sabotage, civil unrest, accidents, epidemics, governmental actions or restrictions, telecommunications failures, failures of third party service providers or infrastructure essential to the performance of obligations hereunder. In the event of a Force Majeure, Equipment and Maintenance will use reasonable efforts to mitigate the effects and resume performance as soon as reasonably practicable.
No Third-Party Beneficiaries:
The Agreement is intended solely for the benefit of the parties hereto and their respective successors and assigns. Nothing in this Agreement shall be deemed to create or confer any third-party rights or benefits. You acknowledge and agree that no third-party has any rights to enforce or benefit from the provisions of the Agreement, and Equipment and Maintenance has no obligations or liabilities of any kind toward any third-party under this Agreement.
Interpretation, Independent Covenants and Severability:
The headings of this Agreement are for convenience only and shall not be utilized in any way to interpret the Agreement as otherwise set forth herein. “Including”, “includes” and similar terms are to be construed without limitation. Each covenant in this Agreement shall be construed for all purposes to be a separate and independent covenant. If any provision of this Agreement is found to be illegal, invalid, or otherwise unenforceable, the remaining provisions shall remain in full force and effect to the maximum extent permitted by law.
Language of the Agreement:
The Agreement is written in English. Any translation is provided for your convenience only. If there is any difference between the English version and a translation, the English version will apply and shall prevail. - CONTACT INFORMATION
If you have any questions or complaints regarding this Agreement, please contact us by email or regular mail at the following address:
Attention to: EQUIPMENT AND MAINTENANCE LIMITED
Address:
Email: equipmentandmaintenance@gmail.com