Last updated: 20th Feb 2023
Please read these terms and conditions carefully before using any Early Access service or solution.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.
The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Early Access may immediately terminate provision of Early Access's services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Early Access in such event.
Upon termination, Your right to use the Service will cease immediately.
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Early Access (INCLUDING, WITHOUT LIMITATION, Early Access's EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Early Access, AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Early Access's SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Early Access SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Early Access SERVICES EVEN IF Early Access HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Early Access's TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOS OR Early Access's SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Early Access OR Early Access's REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE ACTIVE PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE or be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
Early Access may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Early Access's services. Certain changes to Early Access's services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Early Access is not liable, for any and all such personalized applications and content, except as expressly agreed to by Early Access.
Except where Early Access has expressly agreed in writing to the contrary, customers are solely and entirely responsible, and Early Access is in NO way responsible, for the management and backup of all customer data, and all updates, upgrades, and patches to any software that customers use in connection with Early Access's services.
Early Access makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Early Access makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Early Access specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Early Access liable in any way for the revocation of any license, which has been licensed to Early Access. The use of the Technologies obtained from or through Early Access, or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Any mention of Non-Early Access products by Early Access, its employees, or any third party entity related to Early Access is for information purposes only and does not constitute an endorsement or recommendation by Early Access. Early Access disclaims any and all liabilities for any representation or warranty made by the vendors of such Non-Early Access products or services.
Customers will not, without Early Access's express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Early Access's Web site, and customers will not use any of Early Access's trademarks, service marks, copyrighted materials, or other intellectual property without Early Access's express written consent. Customers will not, in any way, misrepresent their relationship with Early Access, attempt to pass themselves off as Early Access, or claim that customers are Early Access.
Customers may not assign or delegate their rights or obligations under the TOS or other agreement for Early Access's services, either in whole or in part, without the prior written consent of Early Access.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
The TOS, and any other agreement for Early Access services, will be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Early Access will take place in Port Harcourt, Rivers State, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOS or other Early Access agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOS or the agreement will continue in full force and effect.
Any waiver, modification, or amendment of any provision of the TOS or other agreement for Early Access's services, initiated by a customer, will be effective only if accepted in writing and signed by an authorized representative of Early Access.
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Early Access and its customers. Each of Early Access and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Wherever in this TOS the masculine or feminine is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOS into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
The TOS, and/or any other specific agreement for Early Access services, constitutes the complete understanding and agreement between Early Access and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Early Access, the TOS supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Early Access services is between Early Access and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Early Access.
The following Terms of Use constitute Early Access's Billing Policy and apply to ALL Early Access's customers:
All charges are shown in Nigerian Naira and/or US Dollars. Payments are to be made in Nigerian Naira and/or US dollars. Early Access accepts the following types of payment:
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. If you provide Early Access your credit card information, you authorize Early Access to automatically charge your credit or debit card for charges that apply to your account. Recurring charges will be posted to your credit card until such time that you cancel your account in accordance with Early Access's Billing Policy in the TOU. You are responsible for directly updating, or notifying Early Access, of any changes to your credit card (including, but not limited to card number, expiration date, billing address, or card status).
All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Early Access offers only one Billing Cycle (terms) for web hosting charges: Yearly (12 months). The Billing Cycle begins on the Plan Activation Date.
Additional items including dedicated IP addresses, SSL Certificates, application installations, and monitoring/management services are non-refundable.
In order to insure uninterrupted service to your website, all plans will automatically renew at the end of the plan’s Billing Cycle. Plan renewal charges are based on the rate of the initial purchase date according to the service selected. Plans are renewed for the same billing cycle. If you wish to cancel your plan before plan renewal, please refer to the Cancellation section below.
Early Access does not mail paper invoices or statements. Relevant documentation can be requested through Early Access's official communication channels.
Credit Card Chargebacks – A ₦25000.00 chargeback fee will be assessed for each credit card chargeback received by Early Access.
Service plans (including but not limited to web hosting, email management, managed IT, website maintenance plans) will automatically renew until a plan is cancelled. In order to cancel service, you must submit a cancellation request via the contact form located at https://www.earlyaccess.com.ng/contact.html. Early Access's customer service representatives will assist you with the cancellation process. Please be aware that there are no pro-rated refunds once service commences.
Cancellation requests must be received by Early Access a minimum of ten (20) days prior to the end of your Billing Cycle for any plans. Cancellations submitted later than this time may result in automatic renewal of your hosting plan. Cancellations become effective on the day processed by Early Access. Early Access is unable to cancel your account effective for a future date. Early Access will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Early Access as soon as possible.
Early Access will not provide partial refunds for early terminations. Any service agreements paid on a monthly recurring basis will require 100% payment in full for remaining agreement length at the time of any early termination.
Early Access does not monitor, and will not automatically cancel, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Early Access's services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Early Access Infotech Enterprises reserves the right to cancel any account, at any time, without notice, for any reason Early Access Infotech Enterprises considers appropriate.
Refunds are unavailable in accordance with Early Access's contractual obligation to deliver on all services and solutions. There are no refunds offered or promised.
Early Access's has a zero tolerance policy for chargebacks. Any customer who disputes a credit card payment is subject to a fine, suspension and account termination at Early Access's discretion. A charge of ₦25000.00 per chargeback will be assessed to all accounts that receive a chargeback.
Early Access's policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
Early Access will not be liable for delays in its performance of the TOS or Early Access services caused by circumstances beyond Early Access's reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Early Access will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, lack of finances will not be considered an event of Force Majeure nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
If you have any questions about these Terms and Conditions, You can contact us:
By email: talkwithus@earlyaccess.com.ng
By visiting this page on our website: www.earlyaccess.com.ng/contact.html
By phone number: +234.817.840.8584
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