Terms Of Service
Software (Website, Mobile app, Standalone) application Development, Ongoing Support & Internet Marketing
Description of Services
Mejog Software Solutions Ltd designs develops websites, web applications, software and mobile apps. Client understands that Mejog Software Solutions Ltd services may include certain communications from Mejog Software Solutions Ltd such as advertisements, notices, service announcements and newsletters.
Client is responsible for obtaining Mejog Software Solutions Ltd services that may involve 3rd party fees (including but not limited to, ISP, merchant accounts and gateways). Client is also responsible for all equipment and software necessary to access Mejog Software Solutions Ltd services. All Graphic Design, Web Design & Development and Ongoing services provided by Mejog Software Solutions Ltd are subject to the following terms and conditions of the Software development.
Representation and Waranties
Representations and warranties are statements and promises made by you to the Company, which we rely on as being accurate in our dealings with you. You make the following representations and warranties to us at the time of agreeing to these Terms and every time you use the Services;
(a) you are over the age of 18 years;
(b) you are of sound mind and have the capacity to enter into a legally binding contract and these Terms;
(c) all personal information that you provide about yourself is accurate and true to the best of your knowledge;
(d) you hold a bank account with a licensed financial institution in your own name and will use this account to transfer money to our account when you conduct transactions on the Site;
(e) if you are registering or accepting these Terms on behalf of a legal entity such as a company, trust, or partnership, you are legally authorised to do so and we may request evidence of such legal authorisation (by way of a copy of any document which shows the valid and subsisting authorisation);
(f) you are not breaching any laws or regulations that are applicable to you or any company, trust, or partnership upon whose instructions you are acting;
(g) you are the owner of, and responsible for all content or information residing on, obtained, or transmitted via, the Service, regardless of whether such use is by the Customer.
Estimates and Contract
Estimates provided to prospects will be honoured for 60 (sixty) days. A new quote will then be provided upon request from the client if changes has been added to initial Mejog Software Solutions Ltd questionnaire filled by the client. Contracts that have been written, but not signed by the client will only be accepted within 30(Thirty)days of the delivery date, if commitment to the agreed contracts has been made. A new contract may be drawn up upon a written request.
Charges and Fees
All new software design projects require an initial 70%-80% (Seventy percent) deposit that will be due before/at contract signing. The remaining 30%-20% balance will be due upon acceptance of the completed web development project before it is released to the client or published to the internet.
An initial deposit of 2/3 of the total project cost will be due at contract signing. A second payment of 1/3 the total project cost will be due upon acceptance of the design, which is the final balance will be due upon user acceptance and testing of the completed software development project before it is released to the client or published to the internet.
Any check payments that do not clear will be charged a $30 (Only Legally Registered Firms in Nigeria will be billed in Naira) fee. Mejog Software Solutions Ltd retains the right to hold all graphics, and project development concept/plan with the exception of content and graphics provided by the client, until payment is received for such items. (see copyright & ownership clause).
Mejog Software Solutions Ltd accepts payments via the following;
* Bank Wire Transfers
* Western Union Payments/Paypal
* Major Credit Cards
Your project will not be released to you or uploaded until full payment is received.
Assignment of Project
Mejog Software Solutions Ltd reserves the right to assign subcontractors to this Project to ensure that the terms of this agreement are met. Client agrees to the use of 3rd party or open source technologies or frameworks for this project by Mejog Software Solutions Ltd without prior written or verbal consent by Client.
Hours of Operation
Our business hours are Monday-Friday from 9am-5pm WAT. If you require maintenance after the posted hours, such as on weekends or holidays, you will be charged our base rate of $25(Only Legally Registered Busineses in Nigeria will be billed in Naira) per hour with an additional charge of $15(Only Legally Registered Busineses in Nigeria will be billed in Naira) per hour for after-hours assistance.
Software Design Credit
All Mejog Software Solutions Ltd custom software design clients will have a Design by: Mejog Software Solutions Ltd link on their website in the footer of every page. This is non-negotiable. By hiring us to work on your website you are agreeing to this, and that you understand that this link may NOT be removed without our consent. You may pay Mejog Software Solutions Ltd a fee of $100 (Only Legally Registered Busineses in Nigeria will be billed in Naira) to have this link permanently removed. Should you have a new layout designed for your site by a company other than Mejog Software Solutions Ltd, you may remove the credit from your software designed. Thank you.
Copyright and Ownership
The Service and its original content, features, and functionality are and will remain the exclusive property of Mejog Software Solutions Ltd. The Service is protected by copyright, trademark, and other laws of the Federal Republic of Nigeria. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Mejog Software Solutions Ltd.
Upon completion of the project, Mejog Software Solutions Ltd transfers all rights and ownership of CUSTOM designs and programming written by Mejog Software Solutions Ltd to the client. Software and third-party graphics or programs are not transferred to the client and remain under copyright of their respective owners.
Mejog Software Solutions Ltd reserves the right to resell /reuse custom designed software template/concept that remain unpaid by the original client, entity related diagrams, unaccepted mock-ups or other graphics created by Mejog Software Solutions Ltd but not in legal use by the client.
Mejog Software Solutions Ltd reserves the right to display software’s (and graphics that have been designed by Mejog Software Solutions Ltd on their website, and in any marketing material to aid as examples of our work.
User shall not directly or indirectly:
(i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the extent applicable laws specifically prohibit such restriction;
(ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder.
If you choose to provide technical, business or other feedback to Mejog Software Services Ltd concerning the Site or the Services (collectively, “Feedback”),Mejog Software Solutions ltd will be free to use, disclose, reproduce, license, or otherwise distribute or exploit such Feedback in its sole discretion without any obligations or restrictions of any kind, including intellectual property rights or licensing obligations. You understand and agree that the incorporation by Mejog Sftware Solutions Ltd of Feedback into any of its products or services does not grant you any proprietary rights therein.
Mejog Software Solutions Ltd will not negotiate chargebacks with any person or company. Our Refund policies are clearly stated in Refund Policy, and all clients are asked to read and agree to our terms of service prior to the start of any project. Extension fees are due upon agreement of the extension between Mejog Software Solutions and the client.
Developmment and Delivery
Mejog Software Solutions Ltd understands the importance of completing projects in a timely manner. We agree to complete the software design project within the stipulated and agreed days from the date of contract signing (which happens after initial deposit of 2/3 of total cost, payment is made). If the client does not supply Mejog Software Solutions Ltd with complete text, graphic content and other requested materials for the contracted client within 90 days of contract signing, the contract becomes void and all deposits paid by the client are forfeited. The client may request a Project Extension need in writing to Mejog Software Solutions Ltd for an additional fee of 10% of the project total cost for every 30 days of extension.
We are able to communicate with a client on a project by filling out an initial questionnaire for the project design and implementation. Further communications between Mejog Software Solution ltd and the client can and will be done with the various communication channels already established between Mejog Software Solutions Ltd and the client, using our email email@example.com.
Software development and design services purchased from Mejog Software Solutions Ltd are provided “as is” without warranty of any kind that the web design project will be uninterrupted or error free. In no event shall Mejog Software Solutions Ltd be liable to the client for any direct, indirect, special, punitive, incidental, or consequential damages arising out of the use of the software, services, and/are goods provided to the client. This includes, without limitation, lost profits, business interruption, loss of data or other losses directly resulting from the use of the software, services, and/or goods provided to the client. The entire risk as to the quality and performance of the software design is with the client, based on the contract agreement signed.
We are happy to accept projects from customers outside of Nigeria especially from other countries and continents of the world and will be charged in United States Dollar($).Except where there is evidence that the business entity is dully and officially registered in Nigeria.
However, we do require 80% (Eighty percent) of total payment of all projects prior to beginning your project via Direct bank transfer, Credit Card or Pay Pal. This is non-negotiable.
Notice: This Agreement shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, with regards to the NSA (Nigerian Start-up Act).
Please note that by submitting your Deposit or down payment for our services you are agreeing to all of our terms of service as written here. Payments must have been made in any of the following forms:
* Bank Wire Transfers
* Western Union Payments
Mejog Software solutions Ltd reserves the right to change or update these terms at any time without prior notice.
Ongoing Support & Internet Services
Our support & Internet Marketing Services for clients are subject to the above terms and are paid on a yearly, monthly, weekly or hourly basis depending on the agreement details as stated in the original estimate(s).
Graphic Design,Print Ad,Logo and Label Deign Projects
Being an all-digital design shop means that you are responsible for providing us with all artwork corrections for your pre-published or pre-print Ads and Labels. Please note that it makes good sense to check your designs (and spelling) before print approval – corrections or modifications made after the approval/proofing stage will incur extra charges, as we need to make design changes and repeat the entire pre-press process to incorporate the new files. In summary, Mejog Software Solutions Ltd and our artists have done everything possible to make the artwork and files perfect. However, Mejog Software Solution Ltd and its designers/affiliates are not responsible for its final approval, so please be sure to check all copy, dimensions and colour separations.
End User Agreement & Hosting Terms Of Service
The use of services from Mejog Software Soluions Ltd, [hereafter referred to as “Mejog Software Solutions Ltd”] constitutes agreement to these terms.
These Terms shall be governed and construed in accordance with the laws of The Federal Republic of Nigeria, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
1. ACCOUNT SETUP / Email On FILE:
We will setup your account after we have received payment and we and/or our payment partner(s) have screened the order(s) in case of fraud. It is your responsibility to provide us with an email address which is not @ the domain(s) you are signing up under. If there is ever an abuse issue or we need to contact you, the primary email address on file will be used for this purpose. It is your responsibility to ensure the email address on file is current or up to date at all times. Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or high-risk transactions, it will be necessary to provide government issued identification and possibly a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and be denied.
It is our responsibility to ensure that scripts/programs installed under your account are secure and permissions of directories are set properly, regardless of installation method. If client is in charge of their account (Which happens when there is a written communication requesting for the client to be responsible for their account with full permission and privileges granted/to be granted). Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as username and password. It is required that you use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change/update your password.
We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host. Our transfers team will make every effort to help you move your site to us. However, transfers are provided as a courtesy service, and we cannot make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is configured differently, and some hosting platforms save data in an incompatible or proprietary format, which may make it extremely difficult if not impossible to migrate some or all account data.
We no longer offer a FREE Transfer service with Sign-up. Please contact us through firstname.lastname@example.org with specific details to receive a price quote for website transfers.
All services provided by Mejog Software Solutions Ltd may only be used for lawful purposes. The laws of the Federal Republic of Nigeria will apply. The customer agrees to indemnify and hold harmless Mejog Software Solutions Ltd from any claims resulting from the use of our services.
Use of our services to infringe upon any copyright or trademark is prohibited. This includes but is not limited to unauthorized copying of music, books, photographs, or any other copyrighted work. The offer of sale of any counterfeit merchandise of a trademark holder will result in the immediate termination of your account. If you believe that your copyright or trademark is being infringed upon, please email Mejog Software Solutions Ltd at email@example.com with the information required. If the request is of a licensing issue, we may require further documentation. Like payment receipts/invoices, copy of the original license etc.
Examples of unacceptable material on our dedicated servers, all Shared and Reseller servers include: IRC Bots, Proxy Scripts / Anonymizers, Pirated Software / Warez, image, file dump, mirror, or banner-ad services (similar to rapid share, photo bucket, or commercial banner ad rotation), affiliate servers, top- sites, commercial audio streaming (more than one or two streams), Escrow, High-Yield Interest Programs (HYIP) or related sites, Investment sites (FOREX, egold exchange), sale of any controlled substance without prior proof of appropriate permit(s), Auto-Surf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacker focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts. Forums and or websites that distribute or link to warez content are prohibited. Using a shared account as a backup/storage device is not permitted, with the exception of one cPanel backup of the same account. Mejog Software Solutions Ltd services, including all related equipment, networks and network devices are provided only for authorized customer use. Mejog Software Solutions Ltd systems may be monitored for all lawful purposes, including to ensure that use is authorized, for management of the system, to facilitate protection against unauthorized access, and to verify security procedures, survivability and operational security. During monitoring, information may be examined, recorded, copied and used for authorized purposes. The use of Mejog Software Solutions Ltd system(s) constitutes consent to monitoring for these purposes.
Mejog Software Solutions Ltd reserve the right to refuse service to anyone. Any material that, in our judgment, is obscene, threatening, illegal, or violates our terms of service in any manner may be removed from our servers (or otherwise disabled), with or without notice. Failure to respond to email from our abuse department within 48 hours may result in the suspension or termination of your services without any liabilities to the client. All abuse issues must be dealt with via trouble ticket/email and will have a response within 48 hours. If in doubt regarding the acceptability of your site or service, please contact us via our contact form or email firstname.lastname@example.org and we will be happy to assist you. Potential harm to minors is strictly forbidden, including but not limited to child pornography or content perceived to be child pornography (Lolita): Any site found to host child pornography or linking to child pornography will be suspended immediately without notice.
Direct customers: Your services will be terminated with or without notice. Violations will be reported to the appropriate law enforcement agency.
3. ZERO TOLERANCE SPAM POLICY
We take a zero-tolerance stance against sending of unsolicited e-mail, bulk emailing, and spam. “Safe lists” and “double opt-in” will be treated as spam. Any user who sends out spam will have their account terminated with or without notice.
Sites advertised via SPAM (Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to SPAM sent via fax, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO (Register Of Known Spam Operators) may be hosted on our servers. Any account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
Mejog Software Solution Ltd reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with its established policies, or to make any such modifications in an emergency at its sole discretion.Mejog Software Solution Ltd reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean-up fee. This cost of the clean-up fee is entirely at the discretion of Mejog Software Solution Ltd.
You agree to supply appropriate payment for the services received from Mejog Software Solutions Ltd, in advance of the time period during which such services are provided. You agree that until and unless you notify Mejog Software Solutions Ltd of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Cancellations must be done in writing via the cancellation form provided or via email. Once we receive your cancellation and have confirmed all necessary information with you via e-mail, we will inform you in writing (typically email) that your account has been cancelled. Your cancellation confirmation will contain a ticket/tracking number in the subject for your reference, and for verification purposes. You should immediately receive an automatic “Your request has been received…” email with a tracking number. An employee will confirm your request (and process your cancellation) shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation, please contact us immediately via phone. We require that cancellations of service are done through the online form to (a) confirm your identity, (b) confirm in writing you are prepared for all files/emails to be removed, and (c) document the request. This process reduces the likelihood of mistakes, fraudulent/malicious requests, and ensures you are aware that the files, emails, and account may be removed immediately after a cancellation request is processed.
As a client of Mejog Software Solutions Ltd, it is your responsibility to ensure that your payment information is up to date, and that all invoices are paid on time. Mejog Software Solution Ltd provides a 30-day grace period from the time the invoice is due and when it must be paid. Any invoice that is overdue for 30 days and not paid will result in a $35 late fee and/or an account suspension until account balance has been paid in full. Invoices that have been paid more than once with multiple PayPal Subscriptions can only be added as credit towards the account and cannot be refunded via PayPal. If you require assistance with this provision, please contact email@example.com.
Mejog Software Solutions Ltd reserves the right to change the monthly payment amount and any other charges at any time.
5.BACKUPS AND DATA LOSS
Your use of the third-party hosting service is at your sole risk, if and only if you have written letter for handover and total custody of your project. Mejog Software’s Solution Ltd is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on Mejog Software Solutions ltd and third-party servers.
6.CANCELLATIONS AND REFUNDS
Mejog Software Solutions Ltd reserves the right to cancel the account at any time with or without notice. Please read our REFUND POLICY. Violations of the Terms of Service or User Agreement will waive the refund policy.
User may not:
a) Use 25% or more of system resources for longer than 90 seconds. There are numerous activities that could cause such problems; these include: CGI scripts, FTP, PHP, HTTP, etc.
b) Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
c) Run any type of web spider or indexer (including Google Cash / AdSpy) on shared servers.
d) Run any software that interfaces with an IRCD (Internet Relay Chat Daemon) network.
e) Run any bit torrent application, tracker, or client. You may link to legal torrents off-site, but may not host or store them on our shared servers.
f) Participate in any file-sharing/peer-to-peer activities.
g) Run any gaming servers such as counter-strike, half-life, battlefield1942, etc
h) Run cron entries with intervals of less than 15 minutes
When using PHP include functions for including a local file, include the local file rather than the URL. Instead of include(“http://yourdomain.com/include.php”) use include(“include.php”)
The use of more than 50,000 inodes on any shared account may potentially result in suspension. Accounts found to be exceeding the 50,000 inode limit will automatically be removed from our backup system to avoid over usage. Every file (a webpage, image file, email, etc) on your account uses up 1 inode. Sites that slightly exceed our inode limits are unlikely to be suspended; however, accounts that constantly create and delete large numbers of files on a regular basis, have hundreds of thousands of files, or cause file system damage may be flagged for review and/or suspension. The primary cause of excessive inodes seems to be due to users leaving their catchall address enabled, but never checking their primary account mailbox. Over time, tens of thousands of messages (or more) build up, eventually pushing the account past our inode limit. To disable your default mailbox, login to cPanel and choose “Mail”, then “Default Address”, “Set Default Address”, and then type in: :fail: No such user here
The amount you pay for hosting will never increase from the date of purchase. We reserve the right to change prices listed on our company or third-party websites, and the right to increase the amount of resources given to plans at any time.
Customer agrees that it shall defend, indemnify, save and hold Mejog Software Solutions Ltd harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Mejog Software Solutions Ltd, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Mejog Software Solutions Ltd against liabilities arising out of;
(1) any injury to person or property caused by any products sold or otherwise distributed in connection with Mejog Software Solutions Ltd;
(2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party;
(3) copyright infringement and
(4) any defective products sold to customers from MEJOG SOFTWARE SOLUTIONS LTD and third party servers.
In using Mejog Software Solutions Ltd Customer agrees that it shall pay penalty fee for default in completion of payment as agreed and submitted in the project. Customer/Client will not hold Mejog Software Solutions Ltd payment balance for a job well completed and submitted under any form/disguise or circumstance. On Failure to complete payment when project has been completed and Submitted;
(1) The client has agreed to pay the amount owned to Mejog Software Solutions Ltd multiplied by the number of years the amount is owned.The rate of Per hour billing is not going to be used based on the fact that the project has been completed and submited.
(2) Projects not completed due to client not paying as to agreed amount the penalty will be billed daily; the amount multiplied by the number of days Mejog software Solution limited is owned.
By using any Mejog Software Solution Ltd services, you agree any disputes arising under or in connection with the validity, interpretation, and performance of these Terms between Mejog Software Solutions ltd or its subsidiaries and any third parties that cannot be resolved amicably by the parties through negotiation within 30 (thirty) days. Shall be resolved by Arbitration at the Abuja Court of Arbitration (ACA) before a single arbitrator in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria.
Such disputes will be handled by an arbitrator of Mejog Software Solutions Ltd choice, such An arbitrator will be from the Chartered Institute of Arbitrators Registered in Nigeria or attorneys or retired judges Forum will be selected in Nigeria.The Parties shall endeavour in good faith to mutually agree on the selection of an arbitrator. If the Parties cannot mutually agree on the selection of an arbitrator within ten (10) days of the request, they shall apply to the ACA to appoint an arbitrator.
Arbitration proceedings shall be conducted in Abuja(Federal Capital Territory)Nigeria. The arbitrator will be requested to render an award within ninety (90) days and to provide, in writing the reasoning for the award. The decision of any such arbitrator shall be final and binding on the parties. Each party shall bear its cost in connection with the Arbitration and the arbitrator’s fees shall be split equally between both parties.
Mejog Software Solution Ltd shall not be responsible for any damages your business may suffer. Mejo Software Solutions Ltd makes no warranties of any kind, expressed or implied for services we provide. Mejog Software Solutions Ltd disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Mejog Software Solutions Ltd and its employees.
13. DISCLOSURE TO LAW ENFORCEMENTS
Mejog Software Solutions Ltd may disclose any subscriber information to law enforcement agencies without further consent or notification to the subscriber upon lawful request from such agencies. Mejog Software Solution Ltd will cooperate fully with law enforcement agencies.
14. CHANGES TO TERMS AND SERVICES
Mejog SoftwareSolutions Ltd reserves the right to revise its policies at any time without notice.