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Microfidelity provides a diverse range of services to our customers, encompassing hosting and website solutions such as shared hosting, VPS, dedicated hosting, WordPress hosting, custom site builders, email, cloud solutions, and domain registration services, among others. Collectively, these offerings are referred to as "Services."
By clicking the acceptance checkbox during registration or by utilizing any of Microfidelity's Services, you acknowledge and agree to these Terms of Service. If you do not consent to these Terms, please refrain from creating an account, or purchasing, accessing, or using any of Microfidelity's Services.
These Terms establish a binding legal agreement between Microfidelity and any individual or entity that purchases, accesses, or utilizes Microfidelity's Services ("Customer" or "You"). The Customer affirms and guarantees that (a) they have the full authority and capability to agree to and fulfill these Terms, or (b) if the Customer is acting on behalf of an organization, entity, or group, they are duly authorized to accept these Terms on its behalf.
Account Credentials
1. You agree to provide accurate, current, and complete information about yourself as required during the account setup process, and to maintain or update this information as necessary to ensure its accuracy and completeness. This information is collectively referred to as "Account Information."
2. You hereby authorize us to disclose such Account Information to third parties as outlined in our Privacy Policy and Data Processing Addendum, for purposes including fraud prevention and ensuring the security and integrity of Microfidelity's systems.
3. Providing inaccurate Account Information violates Microfidelity's terms. Microfidelity reserves the right to decline account creation if, in its sole discretion, incomplete or inaccurate Account Information is provided. Payments made for such declined accounts will be refunded or canceled.
4. Microfidelity may suspend or disable any existing account without refund if the Customer knowingly fails to promptly update Account Information following any changes, or fails to respond to Microfidelity's inquiries regarding the accuracy of Account Information within fifteen (15) calendar days.
Payment Terms
1. The Customer agrees to a minimum service contract of thirty (30) days starting from the service initiation date. The specific contract duration is determined upon signup.
2. The Customer acknowledges that all costs and fees associated with their account are their sole responsibility.
3. If the Customer wishes to terminate Microfidelity's shared Web Hosting services within ninety (90) days of signing up, they may do so for any reason (excluding suspension for violations of Terms of Service or Spam Policy) and receive a prompt refund of their payment.
4. Services provided by third-party providers and Microfidelity partners are not covered by the 90-day refund policy, and no credit for early termination applies. Billing will cease at the conclusion of the current billing period when the service is canceled.
Automatic Renewal
At the conclusion of the service term, it will automatically extend at the current non-promotional rate for the original service duration, continuing indefinitely until terminated.
Microfidelity will automatically extend any applicable services upon their renewal date and will charge the payment method associated with your account. If you prefer not to have any service automatically extended, you can opt to cancel that service. In such cases, your services will cease at the end of the current term, unless you manually renew them before that date. It's important to cancel any services before their renewal date(s) to prevent automatic extensions. Renewal dates begin at midnight, GMT.
If the Customer's payment card is found to be expired, invalid, or otherwise unable to process payment, the Customer agrees that Microfidelity may use alternative payment methods associated with the Customer's bank account (such as updated credit card details from the card issuer). If a shared hosting service is terminated after the 97-day satisfaction guarantee period, the service will be discontinued before the next payment is due, with no further invoicing and no refunds issued, including for unused service periods. Any incurred non-refundable charges must be settled prior to canceling the account.
To initiate cancellation, access the Manage Account panel page. For precise and current instructions on cancellation, please refer to [link to cancellation instructions].
The "90-Day Money-Back Guarantee" offer is applicable solely to payments made with a credit card for shared hosting services. Other payment methods are ineligible for refunds. Refunds are only processed for shared hosting subscriptions. Domain registrations, including any free domain registrations included with the plan, are non-refundable in any circumstance. SSL certificates are also non-refundable. The value of AdWords credit or other third-party add-ons cannot be refunded. Please consult the Domain Registration Terms for additional information.
Violations of Microfidelity's Terms may result in immediate and permanent account disablement at Microfidelity's discretion, without eligibility for a refund.
Microfidelity retains the right to suspend or terminate any account or service without refund at any time if there is reasonable suspicion, at Microfidelity's sole discretion, that it is being used in violation of agreed terms.
Disputed charges ('chargebacks') associated with any Microfidelity account may, at the discretion of Microfidelity, result in immediate and potentially permanent suspension of Services or the entire account. Each chargeback will incur a $50 fee on the account, which must be settled before Services can be reinstated.
Microfidelity reserves the right to adjust current service plans, fees, and applicable charges at any time. Services utilizing outdated or unsupported features may incur additional maintenance fees. In such instances, Microfidelity will notify the Customer and offer the option to cancel the Services without incurring additional change fees, although no refunds will be issued for previously assessed fees.
Microfidelity will endeavor to maintain FidelityCloud availability at 99.9% uptime during each monthly billing cycle. Should Microfidelity fail to meet this service level, you may be eligible for a credit applicable to future billing cycles based on the downtime experienced during that month."
1. For the purposes defined in this agreement, 'Service Interruption' pertains to either (a) the FidelityCloud platform being unresponsive, or (b) FidelityCloud returning a server error response for more than 60 consecutive seconds in response to valid user requests.
2. Service Interruptions caused by scheduled maintenance are exempt from these conditions and will not be considered for service credit calculations. Scheduled maintenance is described as maintenance announced at least 5 days in advance and not exceeding one hour in any given month.
3. Service credits will be computed as a proportion of the billing cycle fee in which the Service Interruption occurred. The credit percentage will be calculated by dividing the total minutes of Service Interruption by the total minutes in that billing cycle.
4. To claim service credits, you must submit a support ticket within 14 days of the Service Interruption event. Ensure the support ticket provides adequate details to document the Service Interruption.
Taxes
Microfidelity will not assume liability for any taxes or fees, including those related to purchases made by Customer or Microfidelity's web hosting services. Customer agrees to bear full responsibility for all taxes and fees of any nature associated with such purchased products.
Data Readiness
Customer undertakes to provide Microfidelity with material and data that are deemed "server-ready," requiring no additional manipulation by Microfidelity. Microfidelity shall not engage in the validation of this information for content, accuracy, or usability.
Utilization of Microfidelity's services necessitates a specified level of proficiency in Internet languages, protocols, and software. This proficiency requirement varies depending on Customer's intended use and desired content for their web space.
The following examples are offered:
1. Web Operations: Requires familiarity with HTML, effective document placement and linking, FTP for managing web space content, graphics, text, sound, image mapping, etc.
2. Script Management: Requires understanding of UNIX environment, TAR & GUNZIP commands, Perl, CShell scripts, permissions, etc.
The Client confirms possessing the necessary skills to manage their web space. It is understood that Microfidelity is not obliged to provide this expertise or customer support beyond the defined scope of Microfidelity's services.
Microfidelity will exert no influence over the content of information transmitted through its network, provided it complies with all other conditions specified in our Terms of Service and Acceptable Use Policy documents.
Microfidelity reserves the right to monitor its network to ensure adherence to all agreed-upon terms.
The Client agrees to cooperate in any reasonable investigations regarding adherence to agreed-upon terms. Failure to cooperate may result in immediate suspension of all accounts/service plans.
Microfidelity reserves the right to disconnect any website or server deemed to pose a security risk to Microfidelity's customers, servers, or network.
Creating multiple accounts or service plans to circumvent any restrictions or overage charges imposed by Microfidelity is grounds for termination of all Services.
Microfidelity provides its services without any warranties or representations, whether express or implied. We do not guarantee merchantability or fitness for a particular purpose and are not liable for any damages suffered by the Client, including data loss due to delays, non-deliveries, service interruptions, errors, or omissions by the Client. Any information obtained through Microfidelity's Services is used at the Client's own risk, and we explicitly disclaim responsibility for its accuracy or quality. References to connection speeds represent the maximum achievable speeds. However, we cannot guarantee that Clients will consistently achieve these speeds due to various factors, including their own internet connection. Microfidelity's liability for downtime or non-accessibility is limited to a pro-rata monthly charge during the period of unavailability.
Microfidelity explicitly disavows any liability for damages resulting from such service interruptions. Should the content provided by the Client not meet server-ready standards, Microfidelity reserves the right to reject it at any point, even after it has been uploaded to our servers. We will promptly inform the Client of the rejection and provide an opportunity to revise or adjust the content to meet our requirements. Failure by the Client to make the necessary revisions within an agreed reasonable timeframe may lead to termination of the contract at Microfidelity's discretion.
All domain names registered through Microfidelity will automatically redirect to an initial "Under Construction" webpage, informing visitors that the domain has been recently registered via Microfidelity.uk. This page may be customized by Microfidelity at its discretion and could include links to other products and services offered by Microfidelity.
Certain offerings, including third-party products, may provide complimentary versions that incorporate premium features. Microfidelity may receive affiliate compensation when users upgrade to or purchase premium versions of these pre-installed features.
Intellectual Property
Customer affirms that they possess the rights to utilize the intellectual property associated with all content and/or products made accessible through their account.
Feedback
If you provide recommendations to Microfidelity regarding enhancements or new features for the Service, or if you offer feedback, reviews, or testimonials related to the Service or your experience with it, you grant Microfidelity a perpetual, global, exclusive, irrevocable, royalty-free license to utilize, adapt, or otherwise employ your suggestions, feedback, reviews, or testimonials for any purpose, including promotional activities, without any obligation to notify you, compensate you, or seek additional permissions.
Technology Assets
1. The customer is accountable for and must supply all required technology assets, encompassing telephone, computer hardware, and software equipment and services, to access Microfidelity Services.
2. The customer is accountable for and must supply all required technology assets, encompassing telephone, computer hardware, and software equipment and services, to access Microfidelity Services.
Service Availability Assurance
1. Microfidelity guarantees 100% uptime. Failure to achieve 100% uptime will result in customer compensation as outlined below.
2. Customer is eligible for compensation if their website, databases, email, FTP, SSH, or webmail services become unusable due to Microfidelity system failures, excluding previously announced scheduled maintenance or customer errors.
3. For each hour (or fraction thereof) of service interruption, Customer will receive Microfidelity credit equal to one day of their current hosting cost, up to a maximum of 10% of the next prepaid hosting renewal fee.
4. Microfidelity will initiate the downtime assessment upon receipt of a support ticket from Customer reporting the issue.
Microfidelity Dedicated Server and FidelityCloud Policies
Bandwidth pricing and how often it's measured may be updated at Microfidelity's discretion. Customers affected by these changes will receive notification at least thirty (30) days in advance.
Microfidelity is not obligated to compensate customers for any downtime, whether it's caused by the customer, Microfidelity, or Microfidelity's upstream providers.
Customers acknowledge that payments for dedicated server services are nonrefundable. For example, if a customer pays for twelve (12) months of service, they will receive service for the entire twelve (12) months, and no refunds will be issued if the customer chooses to terminate service with Microfidelity before the term ends.
FidelityCloud services are billed monthly; existing FidelityCloud customers may continue with a prepaid billing plan, whereas new customers will be subject to a usage-based billing plan. Termination or upgrades of FidelityCloud services will follow specific refund and billing procedures:
Customer acknowledges that payments for dedicated server services are nonrefundable. For instance, if Customer makes a payment for twelve (12) months of service, the service will be provided for the full twelve (12) months, and no refunds will be issued if Customer decides to terminate the service with Microfidelity before the end of the term. FidelityCloud services will be invoiced on a monthly basis; existing FidelityCloud customers may continue on a prepaid billing plan, while new customer accounts will adhere to a usage-based billing model. Cancellation or upgrades of FidelityCloud services will follow the refund and billing procedures outlined below:
1. Prepaid Billing Microfidelity Plan: If terminated or upgraded, a refund will be issued for the prorated plan value covering the remaining billing period.
2. Usage-Based Billing Microfidelity Plan: Termination will result in charges based on actual usage, rounded up to the nearest hour.
Enhancements to an existing 'system' (defined as a motherboard/chassis combination) will be managed by Microfidelity and will result in an additional one-time labor charge of $100, as well as an adjustment to the Customer's standard monthly rate.
Any necessary customer-initiated labor (such as reinstalling the operating system on the server) will also be handled by Microfidelity and will incur an additional one-time labor fee of $100 per occurrence.
Microfidelity reserves the right to adjust the dedicated server packages advertised on its website at its discretion. Microfidelity is not obliged to upgrade Customer hardware or bandwidth allocation due to changes in pricing or service packages. Any requested hardware upgrades by the Customer will incur an additional charge of $200. Customers are not required to upgrade hardware due to pricing changes.
For managed servers, Microfidelity assumes responsibility for securing the network, kernel, and base operating system (defined as the standard set of Debian packages installed with the server). Microfidelity may take necessary actions at any time to ensure server security, including applying security patches and upgrading the entire operating system.
Microfidelity does not assume responsibility for notifying unmanaged servers regarding required patch applications. Failure to adhere to these requirements may lead to contract termination without eligibility for a refund. Microfidelity retains the right to take any necessary actions concerning unmanaged dedicated servers at any time to protect the security and integrity of its network.
Age
The Customer confirms that they are at least 18 years old, or that their parent or legal guardian will act on their behalf as the "customer" in the context of this agreement.
Termination
Either party has the right to end this agreement by giving the other party a written notice of 14 days, which may include electronic mail. However, DreamHost reserves the option to terminate service under this agreement at any time without penalty if the Customer fails to comply with its terms, such as non-payment. In such cases, DreamHost may apply a reinstatement fee.
Limited Liability
1. The customer explicitly acknowledges that their utilization of Microfidelity's services is undertaken at their sole risk. Microfidelity, its employees, associates, third-party information providers, merchants, licensors, or any similar entities do not warrant that Microfidelity's services will be uninterrupted or error-free. Additionally, they do not guarantee the outcomes that may result from using the services, nor do they warrant the accuracy, reliability, or content of any information, service, or merchandise provided through Microfidelity's services, unless explicitly stated otherwise in this agreement.
2. Under no circumstances, including negligence, shall Microfidelity, its executives, agents, or any other individuals involved in the creation, production, or distribution of Microfidelity's server services, be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of or inability to use Microfidelity's services. This includes but is not limited to errors, interruptions, deletion of files, defects, delays in operation, or transmission, or any failure of performance, whether caused by natural disasters, communication failures, theft, destruction, or unauthorized access to Microfidelity's records, programs, or services. The customer acknowledges that this provision applies to all content utilizing Microfidelity's services.
3. Notwithstanding the aforementioned, the exclusive remedies available to the Client and Microfidelity's overall liability for any damages, losses, or legal claims arising from these Terms or the use of the Services, whether in contract, tort (including negligence), or otherwise, shall not surpass the total amount paid by the Client to Microfidelity in the six (6) months immediately preceding the claim.
Promotional Codes
1. By using a promotional ("promo") code you waive the option to indicate who referred you to Microfidelity.
2. You may not change/submit a promo code or referrer after you've finished signing up.
3. Promo codes/referrers are for new customers only – if you use one you may not host on your account any domain ever previously hosted with Microfidelity.
Indemnification
Customer undertakes to defend, indemnify, protect, and absolve Microfidelity from any and all claims, liabilities, losses, expenses, and demands, including reasonable legal fees, ("Liabilities") brought against Microfidelity, its agents, customers, officers, and employees, arising from any services provided, performed, or agreed to be performed, or any products sold by Customer, its agents, employees, or representatives. Customer agrees to indemnify and hold Microfidelity harmless against Liabilities arising from
1. Any harm to individuals or property caused by any goods sold or distributed in connection with Microfidelity's server.
2. Any content provided by the customer that allegedly violates the proprietary rights of a third party.
3. Allegations of copyright infringement.
4. Any faulty product sold by the customer on Microfidelity's servers.
Restricted Regions
Customer agrees to comply with all applicable laws and regulations governing export and reexport, including the Export Administration Regulations ("EAR") administered by the U.S. Department of Commerce, trade sanctions enforced by the Treasury Department's Office of Foreign Assets Control, and the International Traffic in Arms Regulations ("ITAR") overseen by the Department of State. Specifically, Customer warrants that it will not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including derivatives or modifications thereof) received from Microfidelity under this Agreement to any destination, entity, or individual prohibited by U.S. laws or regulations, unless prior authorization is obtained from the relevant governmental authorities as required by applicable laws and regulations. Customer further agrees to indemnify Microfidelity to the maximum extent permitted by law for any fines or penalties arising from Customer's breach of this provision. This export compliance clause shall remain effective following the termination or cancellation of this Agreement.
Additional Policies and Conditions
Customer agrees to comply with the provisions outlined in this Service Agreement along with other Microfidelity policy documents, including but not limited to those listed below, each of which is hereby integrated by reference. Together with the Service Agreement, these documents collectively constitute the entire agreement between the parties:
1. Acceptable Use Policy
2. Anti-Spam Policy
3. Unlimited Policy
4. Privacy Policy
5. Customer Data Processing Addendum
6. Professional Services Terms
7.
Domain Registration Terms
For a comprehensive list of all policies, please visit our legal page at www.microfidelity.uk/legal.
Customer also agrees to adhere to all relevant terms specified by all Microfidelity partners and subsidiaries.
Contract Amendments
As Microfidelity continues to grow, we may periodically update these Terms to reflect changes in our business operations. These updates may involve discontinuing outdated products or services, introducing new fees, and revising our policies, among other adjustments. While we may notify you of updates through our website, newsletters, or email communications, it is your responsibility to regularly review the current Terms by visiting this page (and other referenced pages).
By continuing to use or access our services after the effective date above, you agree to be bound by any revised Terms, as well as all other incorporated terms and policies."
Restrictions on Transferring Rights and Responsibilities
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Governing Law
The Terms and the handling of any disputes shall be governed by and interpreted in accordance with the laws of the Federal Republic of Nigeria, regardless of its conflict of laws principles.
