Terms of Service

Dmatics Technologies Limited (also referred to as ‘the Company’, ‘MaticsCloud’, in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Dmatics Technologies Ltd. Service constitutes acceptance and agreement to Euclid Services Ltd. AUP as well as Dmatics Technologies Ltd. TOS policy (Terms of Service).

Our Obligations

Dependent on subscribers’ fulfilment of fee obligations for their subscribed services, MaticsCloud will provide Hosting Services and Support Services subject to the standards outlined in the Service Level Agreement(s) for the term of the agreement.

Your Obligations

Subscriber must use reasonable security precautions during use of their services. This includes but is not limited to, proper updating and security patching of web applications installed and running within our datacenter; comply with MaticsCloud Acceptable Usage Policy; cooperate with MaticsCloud staff in case of required investigation of security service outage, due to security breaches within your hosting; ensure that billing and other account information remains up to date; pay service fees before due date specified on invoice.

Account Ownership

You are responsible for any activity or actions performed through this provided account, subject to the terms of services outlined on this page. By subscribing to our services, you are agreeing that the services rendered are solely for your use and not any third party. Dmatics Technologies holds no discrimination towards any groups, whether it be nationality, gender, or age. You are however responsible to ensure that the rules and regulations applied by these terms and conditions comply with your local laws, in the case the two conflict.

Account Information Integrity

To use MaticsCloud services, you are required to provide the full and valid account information as requested in the signup process. Should there be any changes during the subscription period in respect to your account and/or company information, you are responsible to make the required adjustments in the ‘Client Area’ portal. As a client of MaticsCloud, you are required to provide only accurate information regarding your identity. In the case of suspected false representation MaticsCloud reserves the right to request proof of identity prior to delivering services in the form of legal documentation i.e. Scanned ID, Passport, and/or Credit Card used in the purchase to ensure the safety of the existing client base and infrastructure of MaticsCloud. Failure to provide legal documentation upon request within 48 hours will result in the cancellation of the Account.

Resellers

MaticsCloud also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching MaticsCloud’s facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. MaticsCloud does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. MaticsCloud has the right to directly take action against a customer of a subscriber. Also, MaticsCloud may take action against the MaticsCloud subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, MaticsCloud anticipates that subscribers who offer Internet services will cooperate with MaticsCloud in any corrective or preventive action that MaticsCloud deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of MaticsCloud policy.

Refusal of Service

MaticsCloud holds the right to restrict use of services. We reserve the right to refuse service to anyone at any time for any reason.

Acceptable Usage Policy (AUP)

MaticsCloud has developed an Acceptable Use Policy (“AUP”), which is hereby incorporated by reference in this agreement, supplements and explains certain terms of each customer’s respective service agreement and is intended as a guide to the customer’s rights and obligations when utilizing MaticsCloud’s services. This AUP will be revised from time to time. A customer’s use of MaticsCloud’s services after changes to the AUP are posted on MaticsCloud’s web site, will constitute the customer’s acceptance of any new or additional terms of the AUP that result from those changes. In the event of a dispute between MaticsCloud and Customer regarding the interpretation of the AUP, MaticsCloud commercially reasonable interpretation of the AUP shall govern.

SLA Credit Terms

Part of MaticsCloud obligations includes maintaining availability subject to the service level agreement guarantee promised. To claim compensation for network downtime at MaticsCloud, subscribers agree that they must open a ticket requesting SLA compensation within five days of the purported outage. The ticket will be investigated by administration and the outage will be crosschecked against our corporate monitoring system. SLA payments are issued as credit notes to be used against future invoices with a maximum processing time of 30 days. Clients are required to include a full description of the purported outage including the following client details, hosting plan, IP address, and Logs where applicable.

IP Allocations

All IP addresses which are assigned to subscriber must be justified per RIPE Guidelines. If it is determined that IP addresses which have been assigned to subscriber are not being used in accordance with these guidelines, they may be revoked. Purchase of additional IP addresses, is possible, only with explicit justification of the reason IP address is required. We reserve the right to deny requests for IP addresses, under our sole discretion.

Customer Backups

Subscriber agrees to maintain a current copy of all content hosted by MaticsCloud notwithstanding any agreement by MaticsCloud to provide back up services. MaticsCloud is not responsible for the completeness, integrity, or freshness of your account(s) backup. MaticsCloud recommends you have your own backup system in place as a secondary measure of precaution.

Access to Equipment

MaticsCloud is the sole owner of the equipment used by the subscriber. The subscriber has no rights on the equipment used, and physical access to equipment, and datacenter, by customer is strictly prohibited.

Harassment and Abuse

Subscriber agrees to engage MaticsCloud staff in a professional manner. This includes all communication mediums, such as email, helpdesk tickets, live chat, and telephone communication. MaticsCloud does not tolerate abuse of any kind towards it’s employees. This includes all verbal harassment, yelling, swearing, rudeness, threats to sue, threats to publicly post, threats to initiate chargeback, and any intentionally disruptive behaviour directed at MaticsCloud staff. Any abuse will be construed as a violation of this Terms of Service agreement, and a single warning will be issued in case of violation. If abusive communication continues after aforementioned single warning, we reserve the right to suspend or terminate your account without refund.

Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all MaticsCloud customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. MaticsCloud reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.

Payments

Subscriber agrees that payments for services incurred at MaticsCloud, shall be paid by valid payment method. Payment methods accepted by MaticsCloud include Credit Card (MasterCard and Visa), PayPal, and Wire Transfer. Payments via any other payment method beyond the aforementioned, will not be accepted. Subscribers’ first payment for ordered services, upon subscribing for the first time, will only be accepted upon completion of a security check to protect against fraudulent orders. Subscriber agrees that MaticsCloud is authorised to proactively charge any subsequent renewals, monthly, annual, or other, using payment method on file.

7 Day Money Back Guarantee

All new MaticsCloud subscribers are eligible for a 7 day money back guarantee on Shared Hosting, Reseller Hosting, and Cloud Servers. For all other products without exception, there are strictly no refunds. This includes, but is not limited to, domain registrations, SSL certificates, 3rd party software licensing, managed support plans, Dedicated Servers, Custom Cloud products. The definition of a new customer is one who has never purchased services from MaticsCloud in the past. Money Back Guarantee is applicable only for single purchases. If subscriber purchases a 2nd, 3rd, etc. hosting package, and wishes to cancel the first hosting package, they are not eligible for a refund. If the TOS/AUP agreed upon when ordering is violated in any way, this retracts eligibility for the 7 Day Money Back Guarantee. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process.Bank Transfers are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services. It is up to our sole discretion to reserve the right to deny any refund request if we feel abuse of services has occurred in any way.

Term

The term of service is selectable by subscriber during the ordering process on our publicly accessible shopping cart. Term can also be adjusted post-signup via subscriber request to MaticsCloud for term adjustment. The term begins upon the processing of subscribers order. Successful order processing is subject to payment of referenced order invoice. Unless subscriber specifies otherwise through either (i) cancellation notice within acceptable notice period; (ii) request for term augmentation; the term, in length equal to its prior term, will renew automatically.

Service downgrades and upgrades

Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account’s anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on October 31st, this account may be modified on the 31st of each month once the original commitment is over). Service upgrades, however, may take effect at any time.

Chargebacks

Subscribers that wish to dispute a payment, must send an email directly to [email protected] whereby issue will be researched, and investigated by account managers. If this step is skipped, and payment dispute and/or chargeback is executed with his/her credit card issuing bank and/or PayPal (“Dispute”), said subscribers account will be immediately suspended pending investigation of the issue. MaticsCloud has a zero tolerance policy for chargebacks. Any customer who disputes a credit card or PayPal payment, agrees to pay a “Reactivation Fee” of 20,000 NGN for services to be unsuspended, regardless of the outcome of dispute. We reserve the right to deny renewal of our services to any subscriber who issues a chargeback.

Fee Increases

MaticsCloud reserve the right to increase its fees for services effective the first day of a renewal term. MaticsCloud will give customers at least a thirty (30) day notice of impending price increases prior to the issuance of their terms’ renewal.

Late payment

Invoices must be paid by their respective due date. All invoices have clearly defined due dates which are visible on said invoices. Subscribers that have not paid their fees by notated due date as specified on the invoice, understand that they are in breach of this agreement; accounts that are in arrears for 3 or more days will be subject to automatic service suspension. Reactivation of services that have been suspended due to late payment, is possible, only after full settlement of past due invoices, and the payment of a 10,000 NGN reactivation fee. Accounts that are over 7 days, are subject to immediate termination. Backups will be held for 14 further days, pending total deletion. Account restoration from archived backups are subject to a 50,000 NGN restoration fee.

Suspension of Services

You agree that MaticsCloud may suspend your services without liability if (i) we reasonably believe that the services you have subscribed to are being used in violation of our AUP (Acceptable Usage Policy); (ii) you have unpaid, overdue invoices within your client area portal; (iii) your services are being used to carry out attacks on other servers, or your services are under attack, or your services are in any way, wilful or not, affecting the quality of service of other customers.

Cancellations

Subscriber acknowledges that a minimum of 14 days (30 Days Notice required for Dedicated Servers) cancellation notice prior to the renewal of subscribed term must be made. Notice of cancellation can be made subject to the following guidelines:

Cancellation Request can be submitted to the billing department by emailing [email protected]

Cancellation Request can be submitted to the billing department by clicking the “Request Cancellation” button within the specific service page of subscribed service, that subscriber wishes to cancel.

Subscribers that pay MaticsCloud via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. MaticsCloud (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

Disclaimer of Warranties

MaticsCloud DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW MaticsCloud DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF MaticsCloud AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

Indemnification

Customer agrees to indemnify and hold harmless MaticsCloud, MaticsCloud affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer’s services in violation of applicable law or the AUP by Customer or any person using Customer’s log on information, regardless of whether such person has been authorized to use the services by Customer.

Terms of Use Change

MaticsCloud reserves the right to augment the above terms of service at any time. Such changes will become effective and binding after their posting on The Company’s website, for which existing customers will be notified. By continuing to use MaticsCloud services after any posted revision, all subscribers agree to abide by it.