This document covers the terms and conditions for using our hosting services
note: if you breach these terms and conditions, your web page(s) may be removed from our server without notice.
For the purposes of this agreement, 'Cygress' refers to 'Cygress Ltd', a registered Nigerian company with the Corporate Afairs Comission (CAC), Company No. RC 627257.
This Agreement constitutes the entire agreement between the Customer as an authorised user and Cygress Ltd. and by using Cygress' services, the Customer accepts, and agrees to be bound by, this Agreement.
Agreement to Terms and Conditions
This Agreement takes effect on the date on which the Customer first uses or tests services provided by Cygress or when the Customer pays for their services, whichever is the earliest.
From time to time, it will be necessary to update the terms and conditions and the Customer agrees to be bound by the new terms and conditions by their use of the system after the implementation date for them.
We reserve the right to impose immediate implementation of new terms and conditions where necessary for the protection of our computer system(s). Should the Customer find any new terms and conditions unacceptable, then the Customer will be granted a refund of any unexpired part of their subscription and the Customer agrees that, save for this refund, the Customer will not make any claims whatsoever for compensation in relation to the cancellation or withdrawal of their subscription.
The Customer is responsible for reviewing information regularly posted online in the terms and conditions pages.
Information Provided by the Customer
The Customer warrants that the name, address and payment information that the Customer provides when the Customer first uses any Cygress service is correct, and the Customer agrees to notify Cygress of any changes in name, address and/or payment details.
The Customer agrees that Cygress may disclose the Customer's name and address where there is any complaint about the content of the Customer's pages or in relation to goods or services advertised there.
The Customer warrants that they are at least 18 years of age and that they possess the legal right and ability to enter into this Agreement and to use Cygress' services in accordance with this Agreement.
The Customer agrees to be responsible for the use of Cygress and to comply with their responsibilities and obligations as stated in this Agreement.
Cygress will not monitor the contents of the Customer's pages. Files that the Customer uploads to their web pages are subject to withdrawal without notice by Cygress upon complaint about their content where Cygress at their sole discretion deem this necessary.
The Customer warrants the accuracy, truthfulness or reliability of any information (including statements of opinion or advice) which they place on their web pages.
The Customer warrants that they are authorised to promote any information which they do so on their web pages (for example if the Customer is providing financial information, that they hold any necessary authorisation under the Financial Services Acts etc).
The Customer agrees to keep secure their Cygress identification, password and other confidential information relating to their account, if they have been supplied with such information.
Cygress cannot guarantee that the system will never be infiltrated by unauthorised users. The Customer's data may not be secure against such infiltration and the Customer assumes that risk. If the Customer finds evidence of infiltration, please inform Cygress and steps will be taken both to try and prevent it and to notify the proper authorities.
The Customer is personally responsible for the use of their account and the secrecy of their password. If the Customer is a corporate user then the company is also responsible, together with the individual using the account. In addition, the Customer is deemed to be logging onto the system (i.e. the authorised person for that account) when an account is logged on by using the correct account ID and password. The Customer must also inform Cygress immediately if someone steals their password or if they find someone else is using their ID. The Customer agrees to co-operate with Cygress and the police concerning any legal action taken arising from the misuse of the Customer's account by anyone else.
The Customer is entirely responsible for the content of their web pages. The Customer may not, under any circumstances, use Cygress to do any of the following:
- publish, post, distribute or disseminate defamatory, infringing, obscene, indecent or other unlawful material or information;
- threaten, harass, stalk, abuse, disrupt or otherwise violate the legal rights (including rights of privacy and publicity) of others;
- engage in illegal or unlawful activities;
- make available / upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless the Customer owns or controls the rights thereto or have received all necessary consents;
- make available / upload files that contain a computer virus or corrupted data;
- falsify the source or origin of software or other material contained in a file that the Customer makes available on their web pages;
- act, or fail to act, in the Customer's use of the web pages, in a manner that is contrary to applicable law or regulation. The Customer is entirely responsible for any civil or criminal liability which is incurred as a result of their use of the web pages.
If the Customer posts a defamatory/libelous message, it is the Customer that publishes it and the Customer who will be liable for the consequences of it. The Customer will also be liable for Cygress' reasonable legal costs incurred in defending any defamation or libel action caused by the Customer's page content and the Customer agrees to indemnify Cygress for any damages which are awarded against Cygress by a court of law or which Cygress pays as a result of settling such an action upon Counsel's advice.
The Cygress network may only be used for lawful purposes by the Customer. The Customer acknowledges that Cygress is unable to exercise control over the content of the information passing over the Cygress connection, and Cygress shall not be liable for any posting, transmission or reception of information which infringes any Nigerian law or regulation or which infringes any third party rights. Such posting, transmission or reception is strictly prohibited. Cygress cannot guarantee the availability of the service and reserves the right to suspend or terminate the service at any time.
Cygress may terminate the Customer's subscription at any time, with or without cause, upon reasonable notice.
Where Cygress terminates the Customer's subscription with cause, or the Customer terminates their subscription, the Customer will not be entitled to any refund of any unused part of their subscription.
For the transfer of a domain name hosted with Cygress to another internet service provider an administartion charge of ₦10,000 will be levied, which must be paid before the transfer is completed.
Cygress expressly reserves the right to terminate or suspend the Customer's subscription without prior notice should the Customer fail to comply with these Terms and Conditions or fail to pay an invoice in full as in the stated payment terms as displayed on the invoice or should Cygress deem such action necessary to protect Cygress and in such circumstances Cygress will confirm such termination or suspension by subsequent notice.
Save for any refund of unused parts of the subscription as above, the Customer will not be entitled to any compensation whatsoever in the circumstances of termination and Cygress will not be liable for any consequential loss whatsoever in relation to termination of the Customer's account in any circumstances. After termination of the Customer's account, Cygress may, if they deem it applicable, at their sole discretion, post a redirection to any new URL should the Customer desire this.
Use of Material for Advertising
Cygress will not distribute web pages outside Cygress without the subscribers consent but may include information about them in promotional materials and advertising and may make such information available to third parties for promotional or advertising purposes and the Customer agrees that files which they have uploaded to Cygress may be used in such manner and for such purposes.
The Customer agrees to pay all charges for their use of Cygress hosting services at the prices in effect at the beginning of their subscription period or the anniversary thereof. In some cases, an administration charge may apply.
All web pages, scripts, databases, graphics or other digital products created by Cygress remains the property of Cygress until payment for such products is received in full. In certain circumstances Cygress will allow the customer to have an agreement to use a script owned by Cygress whilst the customer remains hosted on Cygress servers.
Payment terms are strictly 30 days except payments for domain name registrations which must be paid for in advance of Cygress making the registration. Cygress reserve the right to remove digital content from the Customer's web space or suspend or cease any of the services which coincide with the domain or hosting of the domain (these include email forwarding, web server statistics and FTP access) if payment is not received during this time.
For the transfer of a domain name hosted with Cygress to another internet service provider an administration charge of ₦10,000 will be levied, which must be paid before before the transfer is completed.
Cygress reserves the right to change prices or institute new charges for use of Cygress at any time.
Any prices agreed through a formal quotation are valid for 30 days from the date of that quotation.
Refunds will be given solely at the discretion of the Company Management.
Advertising on a Cygress hosted web site
If the Customer advertises or offers to sell goods or services via their web pages, they undertake to provide goods in conformity with any description and warranties made. The Customer agrees to comply with all relevant Advertising and Broadcast regulations, Consumer Credit Acts and Trades Descriptions Acts etc.. If the Customer is advertising goods in the course of a trade or business this must clearly be so stated.
Exclusion of Warranties and Limitation of Liability
Cygress and all Cygress services are provided "as is," and Cygress make no express or implied representations or warranties to the Customer regarding the usability, condition or operation thereof.
Cygress will at all times use best endeavours to attempt to maintain an uninterrupted and error-free service, however Cygress make no representations or warranties regarding the services provided by them and do not warrant that use of Cygress will be uninterrupted or error-free, or that Cygress services will meet any particular criteria of performance or quality.
Cygress will at all times use best endeavours to attempt to maintain and safeguard the Customer's data on its system however Cygress accept no responsibility for any loss or damage to data or the loss thereof.
Cygress expressly disclaim all implied warranties, including without limitation, warranties of merchantability, title, fitness for a particular purpose, non-infringement, compatibility, security or accuracy.
The Customer's use of Cygress services is at their own risk. The Customer accepts full responsibility for such use and the risk of any loss resulting from their use of the system and the content of their pages. The Customer also accepts full responsibility for safeguarding their own data.
Notwithstanding contrary clauses in this Agreement, in the event that Cygress are deemed liable to the Customer for breach of this Agreement, the Customer agrees that Cygress' liability is limited to the amount actually paid by the Customer for their subscription or service. The Customer hereby releases Cygress from any and all obligations, liabilities and claims in excess of this limitation.
We are not responsible for anything posted on the system (except by one of our staff) and the Customer agrees by using the system that Cygress will not be liable for any possible damages or losses incurred in connection with the use of the system, even if Cygress have been advised of this possibility and the Customer hereby waives any claims with respect thereto and the Customer agrees to indemnify Cygress and hold Cygress harmless from and against any and all reasonable claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable legal defence and other legal costs) incurred as a result of the Customer's actions on the system or materials or information transmitted by the Customer in connection with the system. This means the Customer may have to pay Cygress where claims are made against us or our system by other callers or third parties.
The Customer agrees to indemnify Cygress from and against any and all liabilities, expenses (including legal fees) and damages arising out of claims based upon or relating to the use of the Customer's web pages, including any claim of libel, defamation, violation of rights of privacy or publicity, loss of service, non-supply, fraud, infringement of intellectual property or other rights or other claims whatsoever.
Cygress will notify the Customer promptly of any claim for which Cygress seeks indemnification at the currently supplied address. Cygress will afford the Customer the opportunity to participate in the defence of such claim, provided that the Customer's participation will not be conducted in a manner prejudicial to Cygress' interests, as reasonably determined by Cygress and/or their lawyers.
General Terms and Law
Cygress reserves the right to do normal system housekeeping such as creating back-ups AND do not accept responsibility for ensuring back up works - the Customer's data security is their own responsibility.
Cygress cannot guarantee that any Search Engine will index or list any web pages or web sites that are submitted to them by Cygress.
Cygress cannot guarantee that the customer will receive any email, online orders, bookings, visitors, and so forth to their web pages or web site.
If Cygress suspect illegal activity, we may notify the authorities and reserve the right to do anything on the system deemed necessary to protect our system.
The Customer acknowledge that no joint venture, partnership, employment, or agency relationship exists between the Customer and Cygress as a result of their use of Cygress. The Customer agrees not to hold themselves out as a representative, agent or employee of Cygress. The Customer agrees that Cygress will not be liable by reason of any representation, act or omission to act by the Customer.
Cygress' performance under this Agreement is subject at all times to existing laws and legal process and nothing contained in this Agreement is in derogation of Cygress' right to comply with law enforcement requests or requirements relating to a Customer's use of Cygress or information provided to or gathered by Cygress with respect to such use.
If any of the provisions of this Agreement is judged to be illegal or unenforceable, the remainder shall continuation in full force and the effect of the remainder of them will be not be deemed to be prejudiced (unless the substantive purpose of this Agreement is then frustrated, in which case either party may terminate this Agreement forthwith on written notice).
This Agreement constitutes the entire agreement between Cygress and the Customer with respect to the Customer's use of Cygress and the Cygress subscription and services, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between Cygress and the Customer with respect thereto. Each party confirms that it has not relied on any representation not recorded in this document inducing it to enter into this Agreement.