This SSL Certificate Agreement (the "Agreement") is made between NexxyHost Limited ("NexxyHost" or "Company"), a limited liability company and the Client who orders NexxyHost Services ("Client" or "Customer" or "You" or "Your"). Each of NexxyHost and Customer referred to as a "Party" and collectively as "Parties" under this Agreement.
This Agreement applies to the Client's use of the Services and is governed by this SSL Certificate Terms of Service which include NexxyHost General Terms of Service, Privacy Policy and the Terms of your Order which may have additional Product Terms and Conditions that apply to the particular services in your Order set forth on NexxyHost's website, as the same may be modified by NexxyHost from time to time and all of NexxyHost's policies, all herein incorporated by reference and shall be deemed a single agreement (collectively the "Agreement"). NexxyHost may modify the Agreement and any other applicable Product Terms from time to time in its sole discretion, which modifications will be effective upon posting to NexxyHost's website. Your use of the Services includes the ability to enter into agreements and make purchases electronically. These Terms will also apply when you use the Service on a trial basis.
You acknowledge that your electronic approval (by virtue of proceeding to pay for your order"s") constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. NexxyHost may accept or reject any Order you submit at its sole discretion. NexxyHost’s provisioning of the Services described in an Order shall be NexxyHost’s acceptance of the Order. If you are entering into this Agreement on behalf of a legal entity, such as the company you work for, you warrant and represent to us that you have the legal authority to bind that entity to this Agreement. You also acknowledge and agree that you will use this service for legitimate uses.
PLEASE READ THIS AGREEMENT CAREFULLY: BY USING THE COMPANY’S PROGRAM, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, ALONG WITH ANY NEW, DIFFERENT OR ADDITIONAL TERMS, CONDITIONS OR POLICIES WHICH COMPANY MAY ESTABLISH FROM TIME TO TIME. YOU MAY VIEW THE LATEST VERSION OF THIS AGREEMENT ONLINE.
In addition, when you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), You also agree to be bound by the terms of this Agreement for transactions entered into on your behalf by anyone acting as your agent and transactions entered into by anyone who uses the account you've established with NexxyHost, whether or not the transactions were in your behalf, you signify your agreement to the terms and conditions contained in this Agreement.
Definitions
Whenever used in this Agreement, the following capitalized terms shall have the respective meanings specified below:
"Client Data" means all data (including software, text, sound files and Personal Data) and other content that are stored by you or your end-user(s) on the Hosted System or otherwise processed by you or your end-user(s) through your use of the Services
"Order" means
the online order that you submit for services
any other written order (either in electronic or paper form) provided to you by NexxyHost that describes the type or types of services you are purchasing, and that is signed by you, either manually or electronically, and your use or provisioning of the Services through the NexxyHost cloud control panel or through an API. "Personal Data" means any information that is referred to as personal identifiable information, personal data or personal information (or other like terms) under applicable data protection or privacy law. It includes information that by itself or combined with other information can be used to identify a person.
"Product Terms and Conditions" means the terms and conditions that are incorporated by reference in your Agreement and that state additional terms and conditions for the particular Services you are buying.
"Support" means
NexxyHost employees with training and experience relative to the services will be available 'live' by telephone, chat and ticket twenty-four (24) hours per day, seven (7) days per week, all year round, and any additional level of assistance offered by NexxyHost for the specific Services you are purchasing, and described in the applicable Product Terms and Conditions or Order.
"Business Day" means Monday to Friday, excluding public holidays.
"Business Hour" means 9:00 a.m. – 5:00 p.m. on a Business Day.
"Claims" means any claim, demand, action, suit, cause of action, assessment or reassessment, charge, judgment, debt, liability, expense, cost, damage or loss, direct or indirect, contingent or otherwise, including loss of value, reasonable professional fees, including fees of legal counsel on a solicitor-and-End User basis, and all costs incurred in investigating or pursuing any of the foregoing or any proceeding relating to any of the foregoing.
"Confidential Information" means all non-public technical information and business information, programming, software code, trade secrets, marketing strategies, software, documentation, Client data, financial information and any other information which in the circumstances of its disclosure could reasonably be viewed as confidential. Confidential Information shall not include information that:
is or becomes a part of the public domain through no act or omission of the Receiving Party; was in the Receiving Party's lawful possession prior to the disclosure and had not been obtained by the Receiving Party either directly or indirectly from the Disclosing Party;
is lawfully disclosed to the Receiving Party by a third party without restriction on disclosure; or is independently developed by the Receiving Party, provided that the foregoing shall not be deemed to permit use or disclosure of information in breach of applicable law.
Each Party agrees to take all reasonable steps to ensure that Confidential Information is not disclosed or distributed by it or its employees, mandataries or agents in violation of the terms of this Agreement or applicable law.
"End User" means an individual or legal entity that obtains the Services from the Client.
"End User Licence Agreements" or "EULAs" means the applicable terms of service agreements with NexxyHost and Third Party Suppliers governing use of the Services, which are provided by NexxyHost, appear upon first use of each Product, or are otherwise made accessible by web link or otherwise to the Client.
"Intellectual Property Rights" means all rights protectable by copyright, trademark, patent, industrial design or trade secret and other intellectual property rights under any law including common law.
"Products" means any service of NexxyHost or third party providers made available through the Hosting Client Program.
"Third Party Suppliers" means third party suppliers of Products included in the Sitebuilder & Hosting Services.
Additional Policies and Agreements
Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the following policies.
Privacy Policy
Terms of Service
Refund Policy
Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. For example, if you register a domain name with us, then the Domain Registration Agreement will also apply to you and would be incorporated herein.
Description of service
These Certificates are issued to devices to provide authentication; message, software, and content integrity and confidentiality encryption. Fully-authenticated certificates provide assurances of the identity of the Subscriber based on a confirmation that the Subscriber's organization does in fact exist. The Certificate also provides assurances that the Subscriber is entitled to use the domain name listed in the Certificate Application, if a domain name is listed in such Certificate Application.
NexxyHost Responsibilities
NexxyHost shall provide to you the Services and Support subject to the terms and conditions of the Agreement but this is dependent on your complete payment for the order before it is provisioned and then NexxyHost will comply with all laws applicable to its provision of the Services. Client Responsibilities
Client shall comply with applicable law and the terms and conditions of the Agreement
Client shall pay NexxyHost the amounts set out for each order for Services attributed to client. client shall bear all taxes, duties, levies, and other similar charges (and any related interest and penalties), however designated or imposed on it as a result of the existence or operation of the Agreement, including any income, sales, or use tax on profits which may be levied against it. Client will conduct himself/herself in a professional manner and will keep up a reputation to deal fairly with its own clients or end-users. Clients will not make any statement or take any action that could reasonably be expected to reflect poorly on the Company or on the reputation of Company or its products and services
Client will cause its personnel who are responsible for Client's activities under the Agreement to remain well-informed concerning company's products and services. Among other things, client will cause such personnel to review company's web site occasionally to ensure that such personnel are reasonably familiar with the company's product offerings, pricing, promotions and service terms and conditions. Client shall ensure that your Client account information as it appears in the online client account is true, accurate, current and complete Client assumes full responsibility for providing end users with any required disclosure or explanation of the various features of the Client Web site and any goods or services described therein, as well as any rules, terms or conditions of use.
End User Data
NexxyHost shall be responsible for and shall follow good industry practices for safeguarding, maintaining confidentiality of data of Customer and shall comply with all applicable data protection and privacy laws with respect to any data of End Users. Although NexxyHost may have access to data of Customer using the Products/ Services, NexxyHost shall do so only to the extent necessary to carry out their responsibilities under this Agreement for no other purpose. Nothing in this Agreement permits either parties or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. For greater clarity NexxyHost shall not use any data provided by clients or customers about End Users for direct or indirect solicitation, marketing, sales or other promotions for itself, any affiliates or any third parties. Data provided by Customer to NexxyHost or entered into NexxyHost systems shall be regarded as a confidential Information of the customer. This does not prevent in any way NexxyHost to solicit through its normal practices End Users.
Client Account Usage
NexxyHost retains the right to revoke your Certificate at any time without notice if :
NexxyHost discovers that the information within your Certificate is no longer valid;
You fail to perform your obligations under the terms of this Agreement; or At NexxyHost’s sole discretion, you have engaged in activities which NexxyHost determines are harmful.
Confidentiality
A Party receiving Confidential Information (the "Receiving Party") shall maintain the confidentiality of all Confidential Information of the Party disclosing the Confidential Information (the "Disclosing Party") and shall not release, disclose, divulge, sell or distribute any Confidential Information, without the prior written consent of the Disclosing Party. The Receiving Party may only use and copy the Disclosing Party's Confidential Information as is necessary to carry out its activities contemplated by this Agreement and for no other purpose. The Receiving Party may disclose the Disclosing Party's Confidential Information to its employees on a "need to know basis", provided that it shall first instruct such employees to maintain the confidentiality thereof. Customer may disclose Confidential Information to End Users to the extent necessary to carry out the intent of this Agreement, but such End Users shall have entered into an End User Licence Agreement. NexxyHost may disclose Confidential Information to Third Party Suppliers to the extent necessary for the provision of the Products provided by such Third Party Supplier and compliance with its agreements with such Third Party Suppliers. Disclosure of Confidential Information shall be permitted if such Confidential Information is required to be disclosed by law or by any rule, regulation or order of a person having jurisdiction or pursuant to a final order or judgment of a court of competent jurisdiction, and in such case the Parties will cooperate with one another to attempt, if possible, to obtain an appropriate protective order or other reliable assurance that confidential treatment will be afforded to such Confidential Information prior to disclosing such Confidential Information.
The Parties acknowledge and agree that any breach of the terms of this Section 6 will cause irreparable harm and damage to the aggrieved Party. The Parties further agree that each Party shall be entitled to injunctive relief to prevent breaches of this Section 9, and to specifically enforce the terms and provisions of this Section 6, in addition to any other remedy to which such Party may be entitled, at law or in equity.
During the term of the Agreement and for two years following expiration or termination of the Agreement, the Customer will not, directly or indirectly, solicit or recruit the services of any employee of Company performing services under the Agreement, while such employee is employed by Company and for a period of six months after such employee has left the employment of Company.
Property Rights
Company hereby grants to Customer a non-exclusive, non-transferable, royalty-free license, exercisable solely during the term of the Agreement, to use Company technology, products and services solely for the purpose of accessing and using the Sitebuilder. Customer may not use Company's technology for any purpose other than accessing and using the Sitebuilder. NexxyHost does not claim ownership of your Content, but you give us your permission to host your Content on our servers. This permission exists only for as long as you continue to use the Service or remain a Customer. Except for the rights expressly granted above, the Agreement does not transfer from Company to Customer any Company technology, and all rights, titles and interests in and to any Company technology shall remain solely with Company. Customer shall not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any of the Company.
Company owns all right, title and interest in and to the Sitebuilder and Company's trade names, trademarks, service marks, inventions, copyrights, trade secrets, patents, know-how and other intellectual property rights relating to the design, function, marketing, promotion, sale and provision of Sitebuilder and the related hardware, software and systems ("Marks"). Noting in the Agreement constitutes a license to Customer to use or resell the Marks.
Trade-mark Use
NexxyHost recognizes client’s ownership and title to their respective trade-marks, service marks and trade names whether or not registered (collectively, "Marks"). Client may be provided a limited right to use Marks of Third Party Suppliers ("Supplier Marks") in connection with promotion and distribution of the Products/ Services and Products. Except for these limited rights, Client may not use Supplier Marks in advertising, promotion, and publicity without the express written consent of NexxyHost or the Third Party Suppliers, respectively.
Termination
NexxyHost may terminate your access to the Services, in whole or in part, without notice in the event that: You fail to pay any fees due;
You violate this Agreement;
Your conduct may harm NexxyHost or others or cause NexxyHost or others to incur liability, as determined by NexxyHost in our sole discretion; or As otherwise specified in this Agreement. In such event, NexxyHost shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, NexxyHost may charge you for all fees due for the Services for the remaining portion of the then current term. Upon termination of the services for any reason, User content, user websites, and other data will be deleted.
Disclaimer of warranties
NexxyHost makes no representations or warranties or conditions of any kind concerning the products/services, the products or their use, accuracy, function or ownership and shall not be liable in any manner for any representations or warranties or conditions of any king whether express or implied or collateral or whether arising by operation of law or otherwise, including, without limitation, any warranty or condition of merchantable quality or fitness for a particular purpose or that the product will be error free. Client acknowledges that portions of the products/services are provided by third party suppliers whose performance is not warranted or guaranteed by NexxyHost. Client shall not be authorized to make any warranty, representations or warranties or condition, whether written or oral, on behalf of NexxyHost. Client shall be solely responsible for any warranties for the services given by client.
Third Party Services, Software, and Websites; No Implied Endorsement
NexxyHost is not responsible or liable for any loss or damage incurred as a result of your use of any third party’s service, product, software, content or website (collectively regarded as "Third Party Materials") whether or not you were linked to or directed to any Third Party Materials through the Site. Third Party materials such as email, e-commerce and payment services including but not limited to, Quickteller, Cash Envoy, PayPal, and any other payment options, may be subject to the applicable third party terms of service and privacy policy and you are solely responsible for reviewing, agreeing to and complying with any such terms before you use any Third Party Materials. Your use of any Third Party Materials is at your own discretion and risk. If you do not agree to the third party’s terms of service or license agreement, do not download or use the Third Party Materials. Your use of any Third Party Materials obtained through the Service does not transfer to you any rights, title, or interest in or to the Third Party Materials beyond the terms contained in the third party provider's terms of service or license. Any reference on the Site to any Third Party Materials is not an approval or endorsement by us of such Third Party Materials
Third Party Payment Processors: NexxyHost uses third party payment processors to assist us in securely processing your personally identifiable payment information. Such third party processors' use of your personal information is governed by their respective privacy policies which may or may not contain privacy protections as protective as the NexxyHost Privacy Notice. Payments are currently processed and managed using the third party vendors below. We will inform you which payment processors are used when processing your payments.
Quickteller - privacy policy
PayPal - privacy policy
Paystack - privacy policy
Rave by Flutterwave - privacy policy
Indemnities
NexxyHost shall indemnify and hold harmless the Client, its employees, officers, directors, mandataries and agents from and against any and all Claims brought by a third party arising out of or in connection with infringement or alleged infringement of the Intellectual Property Rights of such third party due to the distribution of the Products/ Services under this Agreement. If the Products/ Services become or are likely to become the subject of an infringement claim or action, NexxyHost may at its sole discretion: procure, at no cost to the Client, the right to continue distributing and using Products/ Services;
replace or modify the Products/ Services so that they become non infringing; or withdraw the Products/ Services and terminate any End User Licence Agreement without further obligation.
Except for matters subject to the indemnity referred to in Section 14(a), Client shall indemnify and hold harmless NexxyHost and the Third Party Suppliers from any Claims arising from its distribution of the Products/ Services hereunder.
No Consequential Damages; Limitation of Liability
In no event shall NexxyHost be liable for any incidental, consequential, indirect, special, punitive or exemplary damages or damages for loss of profits or revenues, business information or other pecuniary loss, arising under or in connection with this agreement and even if advised of the possibility of such damages. The foregoing disclaimer of liability shall apply regardless of whether such liability is based on breach of contract, contractual or extra-contractual liability, tort (including without limitation negligence), strict liability, breach of a fundamental term, fundamental breach, or otherwise, in no event shall NexxyHost’s liability under this agreement exceed the amount paid, under this agreement by client in the 12 month period immediately preceding the event giving rise to the claim notwithstanding the foregoing, the foregoing disclaimer and limitation of liability shall not apply to the breach of the confidentiality obligations set out section 8 or NexxyHost’s obligations to indemnify pursuant to section 14(A).
User Restriction
You are prohibited from using your certificate for the following purposes:
for or on behalf of any other organization;
to perform private or public key operations in connection with any domain and/or organization name other than the one you submitted on your Certificate Application;
on more than one physical server or device at a time (unless expressly permitted by the issuer of a Certificate) and for use as control equipment in hazardous circumstances or for uses requiring fail-safe performance such as the operation of nuclear facilities, aircraft navigation or communication systems, air traffic control systems, or weapons control systems, where failure could lead directly to death, personal injury or severe environmental damage
Terms
An initial term will be as indicated on the Service Order (the “Service Term”), provided that such requested Service Term shall not be less than a minimum period of One (1) year.
You agree that the Services shall be provided for the term you selected through the Client portal. Unless you terminate the Services prior to the end of the then current Services term, you agree that the Services may be renewed for another term of equal duration to the immediately preceding term and that the resulting fees shall be invoiced on your account, except otherwise stated.
You agree to hereby waive any requirement which might otherwise be imposed by law which would require that we obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Services through the Client area portal. You agree that attempts to terminate the Services other than sending an email to us (via a telephone call) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by us.
AT THE END OF THE ACTIVE CONTRACT TERM, AN INVOICE WILL BE GENERATED FOR AN ADDITIONAL CONTRACT TERM UNTIL EXPLICITLY CANCELLED BY YOU, AND YOU WILL BE REQUIRED TO MAKE PAYMENT WITH YOUR PREFERRED PAYMENT METHOD AND YOU WILL BE CHARGED ACCORDINGLY. YOU MAY SEND CANCELLATION REQUESTS BY EMAILING support@NexxyHost.com
EXPIRATION AND RENEWAL OF SERVICE(S)
You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your Certificate is set to expire. As a convenience to you and not as a binding commitment, we may notify you via an email message when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made via, transfer, cash deposit, online payment gateway or such other method as we may allow or require from time to time.
Reservation of Rights
NexxyHost explicitly reserves the right and sole discretion to:
Censor any website hosted on its Web Hosting servers that, in Company's sole discretion, is deemed inappropriate; Review every SSL Certificate account for excessive space and bandwidth utilization and to terminate or apply additional fees to those accounts that exceed allowed levels; Modify its pricing through email notification; Dispute Resolution Policy Client agrees that if a dispute arises as a result of one or more websites NexxyHost Ltd. is hosting for you, you WILL indemnify the company and NexxyHost Ltd. will not be held liable for damages arising out of such dispute. Client also agrees that if Company is notified that a complaint has been filed with a governmental, administrative or judicial body regarding a website hosted by NexxyHost Ltd., Also, NexxyHost Ltd. in its sole discretion, may take whatever action it deems necessary regarding further modification, assignment of and/or control of the website to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled.
When we may be involved in a law-suit involving a third party and which is related to our Service(s) to you under these Agreements, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities presented in the lawsuit. Your failure to provide such assurances may be considered by us to be a breach of these Agreements by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar.
Miscellaneous
Media Releases: Except for any announcement intended solely for internal distribution by either Party or any disclosure required by legal, accounting, or regulatory requirements, all media releases, public announcements, or public disclosures, including but not limited to promotional or marketing material, by either Party or its employees, mandataries or agents which includes references to the other Party or the Marks of the other Party shall be coordinated with and approved in writing by the such person prior to the release thereof. Independent Contractors: The Parties are independent contractors under this Agreement and nothing in this Agreement shall be construed to create any partnership, joint venture, employment or agency relationship whatsoever as between NexxyHost and Client. Either Party shall not, by reason of any provision herein contained, be deemed to be the partner, mandatory, agent or legal representative of the other Party nor to have the ability, right or authority to assume or create, in writing or otherwise, any obligation of any kind, express or implied, in the name of or on behalf of the other Party.
Entire Agreement: This Agreement and the additional policies and agreement stated hereto collectively constitute the entire agreement between the Parties pertaining to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions with respect to the subject matter hereof whether oral or written. In case of a conflict between the Agreement and any purchase order, service order, work order, confirmation, correspondence or other communication of Client or Company, the terms and conditions of the Agreement shall control. No additional terms or conditions relating to the subject matter of the Agreement shall be effective unless approved in writing by any authorized representative of Client and Company. This Agreement may only be amended, modified or supplemented by a written agreement signed by both of the Parties hereto; provided, however, that these Terms of Program may be modified from time to time by Company in its sole discretion, which modifications will be effective upon posting to Company's web site.
Governing Law & Jurisdiction: This Agreement and any dispute or claim whatsoever relating to it or its formation shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria. All disputes, controversies or claims arising out of or in connection with this Agreement shall be referred to and finally resolved by arbitration under the Arbitration and Conciliation Act CAP. A18, Laws of the Federation of Nigeria 2004, which Rules are deemed to be incorporated by reference to this clause. The number of arbitrators shall be three, each Party shall appoint an arbitrator within 14 days of service of a notice to refer any such dispute, controversy or claim to arbitration; the seat of the arbitration shall be Lagos, Nigeria, and the language to be used in the arbitral proceedings shall be English.
Non-Waiver: No waiver of any of the provisions of this Agreement is binding unless it is in writing and signed by the Party entitled to grant the waiver. The failure of either Party to exercise any right, power or option given hereunder or to insist upon the strict compliance with the terms and conditions hereof by the other Party shall not constitute a waiver of the terms and conditions of this Agreement with respect to that or any other or subsequent breach thereof nor a waiver by either Party of its rights at any time thereafter to require strict compliance with all terms and conditions hereof including the terms or conditions with respect to which the other Party has failed to exercise such right, power or option.
Force Majeure: Neither Party shall be in default or otherwise liable for any delay in or failure of its performance under this Agreement if such delay or failure arises by any reason beyond its reasonable control, including any act of nature, any acts of the common enemy, the elements, earthquakes, floods, fires, epidemics, riots, failures or delay in transportation or communications, or any act or failure to act by the other Party or such other Party's employees, mandataries, agents or contractors; provided, however, that lack of funds and a lack of reasonable disaster recovery plans and safeguards shall not be deemed to be a reason beyond a Party's reasonable control. The Parties will promptly inform and consult with each other as to any of the above causes which in their judgement may or could be the cause of a delay in the performance of this Agreement.
Successors and Assigns: A Party may not assign this Agreement without the prior written consent of the other Party, such consent not to be unreasonably withheld. This Agreement shall enure to the benefit of and be binding upon NexxyHost and Client and their respective legal successors and permitted assigns.
Survival. All obligations of NexxyHost and Client which expressly or by their nature survive expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding such expiration or termination and until they are satisfied or by their nature expire.
Notice. Any notice given under this Agreement shall be in writing and given by manually delivering it or sent by telecopy, fax or other similar means of communication. Any such notice, shall be effective upon receipt, unless received on a day which is not a Business Day in which event it shall be deemed to be received on the next Business Day. Either Party may change its address for service from time to time by notice given in accordance with the foregoing and any subsequent notice shall be sent to the Party at its changed address. upon the expiration of five days after the date of posting if mailed by certified mail, postage prepaid, to the addresses or facsimile numbers set forth below the parties’ signatures. Either party may change its address or facsimile number for purposes of the Agreement by notice in writing to the other party as provided herein. Company may give written notice to Client via e-mail to the Client’s e-mail address as maintained in Company’s billing records.
Cumulative Rights. The rights of each Party hereunder are cumulative and no exercise or enforcement by a Party of any right or remedy hereunder shall preclude the exercise or enforcement by such Party of any other right or remedy hereunder or which such Party is otherwise entitled by law to enforce.
No Third-Party Beneficiaries. Except as otherwise expressly provided in the Agreement, nothing in the Agreement is intended, nor shall anything herein be construed to confer any rights, legal or equitable, in any Person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, Client acknowledges and agrees that Microsoft, and any supplier of third-party supplier that is identified as a third-party beneficiary in the Program Description, is an intended third-party beneficiary of the provisions set forth in the Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of the Agreement with respect to its products or services against Client as if it were a party to the Agreement.
Additional Remedies. Client acknowledges that an act of Client in violation of NexxyHost’s rights in the Products may cause irreparable damage to NexxyHost, for which money damages may not be an adequate remedy. Accordingly, if Client acts, fails to act, or attempts to act in violation of NexxyHost’s rights in the Software, then in addition to all NexxyHost’s other rights and remedies under this Agreement, NexxyHost shall have the right to apply for interlocutory and permanent injunctive relief seeking to enjoin such action or failure to act. Further Assurances. The Parties agree to do or cause to be done all acts or things necessary to implement and carry into effect this Agreement to its full extent.
Severability. If in any jurisdiction, any provision of this Agreement or its application to any Party or circumstance is restricted, prohibited or unenforceable, such provision shall, as to such jurisdiction, be ineffective only to the extent of such restriction, prohibition or unenforceability without invalidating the remaining provision hereof and without affecting the validity or enforceability of such provision in any other jurisdiction or its application to other Parties or circumstances. Counterparts. This Agreement may be executed by the Parties in separate counterparts of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Language. The Parties have requested that this Agreement, together with any schedule, notice or other related documents, be drawn up in the English language only.
Refund Policy
NexxyHost limited always wants its clients to be completely satisfied when it comes to the SSL certificates and its related services that it offers. If you are considering a refund regarding this service, kindly send a mail to us via "billing@NexxyHost.com" to discuss your refund options after you must have cancelled the SSL certificate, by placing a cancellation request for it.
If a client purchases an SSL certificate for fraudulent use, the client forfeits the right to a refund.
More information on refunds:Refund Policy
Final Agreement
This service agreement, the ICAN policy and the UDRP (Uniform Domain-Name Dispute-Resolution Policy) all constitute an exclusive agreement between you and us (NexxyHost) and it supercedes and governs all prior proposals, agreement or communication (both written and unwritten. This Services Agreement "may not" be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
