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verified_user LEGAL & REGULATORY FRAMEWORK • REVISED NOVEMBER 2024

Terms of Service

Please read these terms carefully before deploying services on the NyanjaHost cloud infrastructure platform. By accessing or provisioning resources, you agree to enter into a legally binding contract.

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DOC ID: NH-TOS-2024-NG
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Contractual Relationship Notice

This Cloud Services Master Agreement ("Agreement") is executed between NyanjaHost Cloud Infrastructure Limited (RC-1849204), a private limited company duly incorporated under the Companies and Allied Matters Act (CAMA) of the Federal Republic of Nigeria, and the entity or individual accessing, provisioning, or purchasing cloud workloads ("Customer").

ARTICLE 1.0

Acceptance of Terms & Scope

1.1. By clicking "Deploy", registering an account through our control portal, or signing a custom Enterprise Service Order, the Customer unequivocally consents to be bound by all stipulations enclosed within this document, our Privacy & NDPR Policy, and our System Acceptable Use Policies.

1.2. If you are entering into this Agreement on behalf of a corporation, institutional body, or government parastatal, you certify that you possess the requisite statutory authorization to commit such entity. Should authority be found deficient, the signing individual retains full joint and personal liability for all incurred balances and contractual remediations.

1.3. NyanjaHost reserves the uninhibited right to revise these terms to reflect evolving legal precedents within the Nigerian tech ecosystem, updates to the Central Bank of Nigeria (CBN) clearing mandates, or technological cloud shifts. We will provide 14 business days notice through authenticated dashboard alerts.

ARTICLE 2.0

Services & Account Provisioning

2.1. Identity Verification & KYC: In strict compliance with Money Laundering (Prevention and Prohibition) Act regulations, customers provisioning dedicated compute nodes, Bare Metal, or BGP peering routes must furnish verifiable identity documentation (Corporate CAC incorporation certificate or verified Nigerian National Identification Number / BVN validation via licensed providers).

2.2. Resource Allocation: NyanjaHost provides virtualized compute instances via Kernel-based Virtual Machine (KVM) technology, cPanel multi-tenant environments, and NVMe block storage. Resources are dynamically measured and capped according to the precise parameters outlined in your chosen deployment tier.

2.3. Root Access & Responsibilities: Customers granted unmanaged root or administrative credentials on Cloud VPS and Bare Metal servers assume exhaustive responsibility for patch cycles, kernel updates, firewall rule hygiene, and application-level vulnerabilities.

ARTICLE 3.0

Billing, Naira Payments & Currency Policies

3.1. Base Denomination: All catalog prices, recurring monthly commitments, and localized bandwidth quotas are denominated primarily in Nigerian Naira (NGN, ₦), with auxiliary USD ($) parity available solely for international card routing and enterprise cross-border invoicing.

payments Crucial Clause: Payment Processing & Recurring Subscriptions

Electronic payment collections are executed via PCI-DSS Level 1 certified gateways including Paystack, Flutterwave, and direct Nigerian NIBSS Instant Payments (NIP). By activating an ongoing monthly or annual service, you authorize NyanjaHost and its payment processors to retain encrypted payment tokens and programmatically charge designated accounts on subscription renewal dates. Invoices generate 7 days prior to expiry; failure to settle prior to due date triggers automatic unmounting of associated storage volumes.

3.2. Taxes & Value Added Tax (VAT): Per the Nigerian Finance Act, all cloud software, web hosting packages, and domain registrations are subject to statutory 7.5% Nigerian Value Added Tax (VAT), which is appended explicitly at gateway checkout.

3.3. NiRA Domain Registration Terms: Registrations under the .ng ccTLD space (including .com.ng, .gov.ng, .edu.ng, and .org.ng) are governed by the Nigeria Internet Registration Association (NiRA) policies. Domains marked for renewal must have fees paid at least 48 hours prior to registration lapse. NiRA imposes hard non-waivable restoration fees on domains that slip into the redemption lifecycle.

ARTICLE 4.0

SLA & Uptime Guarantees (99.99%)

4.1. Core Infrastructure SLA: NyanjaHost pledges a minimum of 99.99% Network and Power Availability across our primary Tier III Lagos Data Center facility (LOS-1 IXPN interconnected fabric) calculated on a standard calendar month basis.

4.2. Service Outage Thresholds: Downtime commences from the moment an authoritative network alert triggers within our monitoring NOC or a verified severity-1 ticket is lodged by the Customer, terminating when IP packets resume bidirectional delivery to our border gateways.

Service Level Credit Schedule Monthly Calculation Cycle
99.90% — 99.98% 10% Invoice Credit
99.50% — 99.89% 25% Invoice Credit
98.00% — 99.49% 50% Invoice Credit
< 98.00% (Critical Breach) 100% Monthly Credit

*Exclusions: Scheduled maintenance announced 48 hours prior, upstream sub-sea fiber cuts beyond regional IXPN remediation, distributed denial-of-service (DDoS) spikes exceeding contracted scrubbing tiers, or Customer-originated misconfigurations.

ARTICLE 5.0

Acceptable Use & Security Conduct

5.1. Strict Zero-Tolerance Violations: The NyanjaHost fabric shall not be utilized to propagate, store, or transmit any of the following unauthorized payloads:

block Advance-fee fraud schemes (419 cybercrime), deceptive bank cloning, and phishing artifacts.
block Unsolicited Bulk Email (SPAM) distribution or operation of open SMTP relay servers.
block Cryptocurrency proof-of-work mining clusters impacting hypervisor thread stability.
block Botnet command-and-control daemon orchestration or outbound port scan sweeps.

5.2. Cybercrimes Act Enforcement: Violations of Section 5.1 constitute a direct criminal breach of the Nigerian Cybercrimes (Prohibition, Prevention, Etc.) Act 2015. NyanjaHost routinely cooperates with the Economic and Financial Crimes Commission (EFCC) and National Information Technology Development Agency (NITDA) upon receipt of lawful warrants.

ARTICLE 6.0

Data Ownership & Intellectual Property

6.1. Customer Data Sovereignty: The Customer retains exclusive and unencumbered ownership rights, proprietary titles, and operational control over all databases, source code, media, and customer records uploaded to or executed upon our platform.

6.2. NDPR & Data Residency: Consistent with the Nigeria Data Protection Act (NDPA) 2023, data deployed in our Lagos Availability Zones remains strictly within Nigerian borders unless explicitly configured by the customer to utilize external edge CDN relays or off-site secondary disaster recovery locations.

ARTICLE 7.0

Suspension & Termination

7.1. Grace Periods for Non-Payment: Compute services past their invoice payment milestone receive a 72-hour grace period before instance isolation (power off). Following 14 calendar days of unresolved delinquency, associated persistent block disks, automated backups, and static IP allocations will be irrecoverably wiped from host hypervisors.

7.2. Immediate Emergency Suspension: In events involving outbound DDoS volumetric saturation, malicious command injection, or emergency law enforcement directives, NyanjaHost reserves the authority to sever transit routes without advance consultation.

ARTICLE 8.0

Limitation of Liability & Governing Law

balance Statutory Jurisdiction: Federal Republic of Nigeria

This Agreement shall be construed, interpreted, and governed in all respects exclusively in accordance with the substantive laws of the Federal Republic of Nigeria. Both parties definitively agree that any dispute, controversy, or claim arising out of or relating to this contract, including its interpretation, breach, or invalidity, shall be subjected to final resolution through binding arbitration administered under the Arbitration and Mediation Act 2023 in Lagos State, Nigeria, before a sole arbitrator appointed by the Chartered Institute of Arbitrators (UK, Nigeria Branch).

8.1. Cap on Direct Damages: In no circumstance shall NyanjaHost’s aggregate monetary liability arising out of or in connection with any service impairment, loss of operational profits, or system malfunction exceed the exact net amount paid by the customer for the specific impaired service during the preceding three (3) calendar months.

8.2. Consequential Damage Waiver: Neither party shall be liable for indirect, punitive, special, exemplary, or consequential business interruption damages, including loss of reputational equity, business goodwill, or third-party downstream platform liabilities.