TERMS and CONDITIONS

Terms of Service

 

General

Megasolutiions provides hosting services to clients worldwide, and we have a responsibility to protect each client and to provide the best services available. All registered clients of Megasolutiions (Megasolutiions.com.ng) agree to and are subject to our Acceptable Use Policy, Privacy Policy and the following Terms of Services: Clients acknowledge that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of Megasolutiions and that damages resulting from any interruption of service are difficult to ascertain. Therefore, clients agree that Megasolutiions shall not be liable for any damages arising from such causes beyond the direct and exclusive control of Megasolutiions. Subscriber further acknowledges that Megasolutiions's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall Megasolutiions be held liable for any special or consequential damages, loss or injury.

You agree that Megasolutiions may amend this agreement at any time without notice to you. You agree to keep advised of any changes to this agreement by checking the Megasolutiions on a periodic basis on the announcement pages

Billing

You agree to use all Megasolutiions services and facilities at your own risk. Megasolutiions specifically disclaims all warranties of merchant ability and fitness for a particular purpose. In no event shall Megasolutiions be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Clients agree that they shall defend, indemnify, save and hold Megasolutiions harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney's fees asserted against Megasolutiions, its agents, its customers, officers and employees, that may arise or result from any service provided, performed, agreed to be performed or any product sold by its customers, its agents, employees or assigns. Clients agree to defend, indemnify and hold Megasolutiions harmless against liabilities arising out of any injury to person or property caused by any products sold or otherwise distributed in connection with Megasolutiions's network. Megasolutiions reserves the right to intervene with any website/data hosted on its servers/network in the interest of its clients. Any material supplied/hosted by a client that is infringing or allegedly infringing on the proprietary rights of a third party copyright owner are subject to removal from Megasolutiions's servers/network. Megasolutiions shall be the sole judge of what violates this policy.

At this time, we bill monthly, quarterly, semi-annually and annually, depending upon the plan. We provide a 7-day money-back (refund) guarantee. Each refund request must be submitted using our support ticket system located at my.Megasolutiions.host. Each refund request is evaluated on a case by case basis - depending on the situation, no refund, full refund or partial refund will be issued. If a refund is not issued, an account credit may be issued. Megasolutiions will only issue a refund or credit within 7 days after the initial sign up date of the service. Therefore, Megasolutiions retains the right to grant or deny any refund or credit request - not affected by date. (For some special offers, the money-back guarantee day will be varied; Domain Name registration/renewal/transfer fee(s) are non-refundable. Some payments are non-refundable but may receive an account credit. To prevent abuse, only a client's first invoice is eligible for a refund unless stated otherwise. We accept Visa, Master Card and PayPal. All services are setup, free of any fees or charges. Clients are encouraged to pay by 2Checkout or Payfast as it is the easiest way to handle payments at this time. There are no contract periods but for each successive period, your contract is automatically renewed unless we are notified otherwise.

Uptime Guarantee

Megasolutiions offers each client with a 99.9% uptime guarantee. In the event that a 99.9% uptime (measured per month) is not met, clients will be eligible to receive a credit(s) based on the situation and amount of downtime. However credit(s) may not be provided for certain events such as: DDoS (Distributed Denial of Service) attacks, scheduled maintenance, reboots, hardware replacements and null-routes. In order to receive a "compensation" credit, the client must do so by making a request by opening a billing ticket or by emailing support. Megasolutiions's network is DDoS (Distributed Denial of Service) protected, we cannot guarantee any level/type of protection. We are often able to protect against various types of attacks up to 20Gbps. Attacks that are larger than this will result in the target IP address being null-routed. We are not responsible for any downtime or performance decreases caused by DDoS attacks.

Limitation of Liability

Megasolutiions shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from Megasolutiions servers going off-line or being unavailable for any reason whatsoever. Furthermore, Megasolutiions shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of Megasolutiions servers. All damages shall be limited to the immediate termination of service.

Payments

All services are billed according to the dates they were first activated on. If you do not pay for service renew within 7 days after deactivation, your service will be suspended. If you do not pay for service renew within 30 days after deactivation, your service will be terminated. You will receive an email reminder 7 days until deactivation. A penalty fee will incur if a payment with an incorrect amount is made to Megasolutiions. When a refund is made from Megasolutiions, a transaction fee occurs on our behalf of the total amount paid from the client. A penalty fee of 10% from the total amount paid by the client will be deducted. Megasolutiions will not be liable to issue the full refund that exceeded the initial amount stated on invoices.

Non Refundable Services:

Domains Registered

WHMCS Licences

Softaculous

Direct Admin Licensing

Note the above are included in many VPS or Reseller packages hence the cost may be subtracted from the total amount before refund is completed.

Credits

Credits on accounts due incorrect billing by Billing department will be processed immediately. Withdraws for Affiliate Credits or payments can take 21 days. Credits to bank accounts can only be done 21 days from request

SMS Notifications

Megasolutiions will send an email notification to all customers who have not opted out of receiving email notifications when the following occurs:

·         Invoice is generated

·         Third Overdue Invoice is generated

·         Domain Expires

·         Service is Suspended

Marketing

Users May choose to opt-out to any of our marketing during registration, Our client area, SMS, Email, etc.
You agree to allow us to market and provide you with new information of our services via  email, whatsapp,etc. unless you opt-out via  any other means.
We will adhere to the POPI Act of South Africa however if you would like us to remove you kindly contact support or disable it via your client area.

Affiliates

Acceptable Usage Policy:

Please refer to the appropriate page

Domains

Domain Purchases are non-refundable. Transfer fees are non-refundable when domain is already transferred. If you are registering or transferring a domain name you must also agree to the Domain Name Registration Agreement. Domain name WHOIS records must be on the OWNER'S details not the RESELLER or Megasolutiions itself. Domains shall be renewed at the same price as new registrations. The current pricing is displayed on our website. Domain renewal reminders will be sent in advance of expiration via email to the address stored in your client area. Domains are ONLY auto renewed with a positive credit balance containing enough funds to renew the domain/s

After 10 to 29 days of being expired, domains enter the redemption period. At this point, a renewal fee to renew the domain name would be added to the invoice. Megasolutiions will request that you to pay this cost until the 30th day past expiration and we will try to renew it. After the 30 day expiration deadline, the domain will no longer be available and may have to be re-registered when it becomes available. If Invoices are not paid on time by due date and domain has expired and redemption stage passed the invoice may go into cancelled state as it will now need to be re-registered

Should an expired domain enter the redemption period a price to remove it from redemptoion is added. Prices to domains can change unexpectedly at anytime. We will notify customers within 24 to 48 hours of such a change Kindly note we do not register premium domains(Domains with 3 characters). If for any reason a premium domain is registered there may be a additional cost Should a reseller's client contact us to renew a domain we will assist only in such a request. Kindly note and ensure all your domains are renewed when and as they should be, usually you have 10 to 30 days after expiry to pay before a domain goes into redemption stage, not guaranteed. Please pay before(early) to ensure all goes through successfully and you do not loose your domains

We do not assist reseller's clients in anyway - it is against policy and unethical to do so.

If for any reason your domain is not registered,renewed or transferred correctly, Megasolutiions, its directors, agents or employees WILL UNDER NO CIRCUMSTANCES WHATSOEVER BE LIABLE for any reason including human error. Hence please check that your domain is registered,renewed or transferred correctly at all times. We will however do our best to assist as best we can in transferring and registration of each and every domain.

VPS Server Backups

All VPS Servers come with 1 weekly backups which is overwritten each weekend. This is to protect from server, system or client data loss. Clients may still create their own backups, and we do recommend this. Unmanaged servers do not have local or weekly backups, Unmanaged VPS clients should ensure they have setup some SVN or backup system on their VPS for database and web file backup revisions. Managed servers however can be set to have daily, weekly or monthly backups from within WHM in cpanel or Plesk.

Promotions

Promotions we offer can be used only once per customer unless stipulated elsewhere on the promotion itself.

Loss Or Corruption Of Data

You acknowledge and agree that Megasolutiions is not and shall not be responsible or liable for any loss of any kind (including lost profits) or corruption of data that you may experience on the Services or otherwise, nor are we required to return to you any data that you have stored on the Services. This includes, without limitation, the loss or corruption of data resulting from the suspension, deletion, or modification of your web pages or the Megasolutiions site, network, system, or server "crashes" or outages, or other power outages, damage caused by viruses, worms, or security breaches, file corruption, and any other cause. We recommend that you to maintain backup versions of your web pages and related information to help protect yourself against such losses. We however do server backups daily and account weekly backups and have and will continue to do our utmost to protect all our clients even free hosting client's data to the fullest extent with all our backup software and servers.

Term/termination

Term. This agreement shall be effective upon when applying for hosting services from Megasolutiions.

You may terminate this Agreement immediately for any reason at any time by sending mail to support@Megasolutiions.com.

Termination by Megasolutiions.

When account is cancelled and terminated backups are only kept for a period of 1 week. Please contact us within 1 week if you require backup of your cancelled account.

Disclaimer

Megasolutiions cannot be held liable for system downtime, crashes, or data loss. Megasolutiions has the right to terminate, suspend or cancel any client and or any service without notice or refund. We cannot be held liable for any predicted estimate of profits/income in which a client would have gained if their service was functioning. Certain services provided by Megasolutiions are resold. Thus, certain equipment, routing, software, and programming used by Megasolutiions are not directly owned or written by Megasolutiions. Moreover, Megasolutiions holds no responsibility for the use of our clients' accounts. If any of our terms, policies or conditions are failed to be followed, the client account in question may be deactivated as well as all services/products attached to it. We reserve the right to remove any account without advance notice for any reason without restitution as Megasolutiions sees fit. Megasolutiions is not responsible for any clients files, data or actions. FURTHERMORE, Megasolutiions retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.