Terms of Service

Effective Date: January 01, 2023

This Terms of Service (“TOS”) agreement governs your use of the hosting, domain, and related services provided by Nextel Systems Ltd (“Nextel,” “we,” “us,” or “our”). By signing up for or using our services, you (“Client,” “Customer,” or “you”) agree to be bound by these terms. Nextel reserves the right to modify this TOS at any time, with or without notice. Continued use of our services after changes constitutes acceptance of the updated terms.

1. General Provisions

1.1 Agreement Scope: This TOS applies to all services provided by Nextel, including but not limited to web hosting, domain registration, email services, and technical support.
1.2 Acceptance: By using our services, you agree to comply with this TOS, our Acceptable Use Policy, Privacy Policy, and other applicable agreements.
1.3 Modifications: Nextel may update this TOS at any time. Changes will be effective upon posting on our website. It is your responsibility to review this TOS periodically.

3. Client Responsibilities

3.1 Compliance: You agree to use our services in compliance with all applicable laws and regulations.
3.2 Prohibited Activities: You may not use our services for:

• Spamming, phishing, or distributing malware.

• Hosting illegal content, including child pornography, pirated software, or copyrighted material without permission.

• Running unauthorized scripts or applications that consume excessive resources.
  3.3 Content Ownership: You are solely responsible for the content hosted on your account. Nextel does not monitor or control client content unless required by law.

4. Payment Terms

4.1 Fees: Fees for services are outlined in your service plan and invoice. All fees are due in advance unless otherwise agreed.
4.2 Billing Cycle: Services are billed on a monthly, quarterly, or annual basis, as selected during signup.
4.3 Late Payments: Late payments may result in service suspension. A late fee of 2% per month may be applied to overdue balances.
4.4 Refunds: Nextel offers a 30-day money-back guarantee for new hosting accounts. Refunds do not apply to domain registrations, add-ons, or services canceled after 30 days.

5. Limitation of Liability

5.1 No Warranty: Nextel provides services “as is” and makes no warranties, express or implied, including but not limited to warranties of merchantability or fitness for a particular purpose.
5.2 Liability Cap: Nextel’s liability for any claim arising from this agreement shall not exceed the total fees paid by you in the preceding 12 months.
5.3 Exclusions: Nextel is not liable for indirect, incidental, or consequential damages, including lost profits or data loss.

6. Indemnification

You agree to indemnify and hold Nextel harmless from any claims, damages, or losses arising from:

• Your use of our services.

• Violation of this TOS or applicable laws.

• Infringement of third-party rights.

7. Termination

7.1 Termination by Client

You may terminate your account and services at any time by submitting a cancellation request through your Nextel account dashboard or by contacting our support team.

• Cancellation Request: Cancellation requests must be submitted at least 30 business days before your next billing cycle to avoid automatic renewal, automatic billing system from sending a new invoice to your email.

• Data Backup: It is your responsibility to back up all data, files, and emails before cancellation. Nextel is not responsible for any data loss resulting from termination.

7.2 Effect of Termination

Upon termination of your account:

• Immediate Suspension: Your access to services, including hosting, email, and domain management, will be suspended immediately.

• Data Deletion: All data, files, and content associated with your account will be permanently deleted from Nextel’s servers within 30 days of termination.

• Domain Names: If you registered or transferred a domain through Nextel, you may retain ownership of the domain, but you must update the domain’s nameservers to point to a new provider.

• Outstanding Fees: Any unpaid fees or charges will remain due and payable. Nextel may pursue collection of outstanding balances, including through third-party collection agencies.

7.3 Termination for Convenience

Nextel may terminate your account for convenience by providing 30 days’ written notice. In such cases, you will receive a prorated refund for any prepaid fees covering the unused portion of your service term.

7.4 Post-Termination Assistance

• Data Migration: Upon request, Nextel may assist with migrating your data to a new provider. Such assistance is provided as a courtesy and may incur additional fees.

• Domain Transfers: If you wish to transfer your domain to another registrar, Nextel will provide the necessary authorization codes and support, subject to applicable transfer policies.

7.5 Survival of Terms

The following provisions shall survive termination of this agreement:

• Payment obligations for services rendered.

• Indemnification and limitation of liability.

• Confidentiality obligations.

• Any other terms that by their nature are intended to survive termination.

8. Dispute Resolution

8.1 Governing Law: This agreement is governed by the laws of Uganda.
8.2 Arbitration: Any disputes arising from this agreement shall be resolved through binding arbitration in accordance with the rules of Uganda.

9. Miscellaneous

9.1 Entire Agreement: This TOS constitutes the entire agreement between you and Nextel and supersedes all prior agreements.
9.2 Severability: If any provision of this TOS is found invalid, the remaining provisions shall remain in effect.
9.3 Survival: Clauses relating to indemnification, limitation of liability, and confidentiality shall survive termination.