Terms of Service

This Agreement is between you and the entity you represent (if any) or yourself (if you are an individual Subscriber), and Nkponani Limited (“NCS”, “we”, “us”, “our”). By using the NCS Service, you agree to be bound by this NCS Service Terms (“Agreement”), and the NCS Privacy Notice, and the NCS Cookie Notice and all other documents referred to in this Agreement, as applicable. If you are using the NCS Service on behalf of an entity, you represent and warrant that you have authority to bind that entity to this Agreement.

NCS may update this Agreement at any time, and will post the updated Agreement to this page. If you continue using the NCS Service after the updated Agreement takes effect, you accept the updated Agreement.

• 1.1. You may not transfer, assign, or otherwise make available to any third party the NCS Service or part of it without NCS’s prior written consent.
• 1.2. NCS reserves the right to modify, suspend, or discontinue any part of the NCS Service at any time with or without notice.
• 1.3. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• 1.4. You agree to use the NCS Service only for lawful purposes and in accordance with this Agreement and all applicable laws and regulations.
• 1.5. NCS reserves the right to suspend or terminate your access to the NCS Service if you violate this Agreement or use the NCS Service in a way that could cause harm, damage, or legal exposure to NCS or any third party.
• 1.6. You may not resell, lease, or sublicense the NCS Service or make it available to third parties as a standalone service.
• 1.7. You are responsible for backing up your own data. NCS is not liable for any loss of data arising from your use of the NCS Service.
• 1.8. NCS uses commercially reasonable efforts to ensure the availability of the NCS Service, but does not guarantee uninterrupted or error-free operation.
• 1.9. NCS may impose limits on the use of the NCS Service, including limits on storage, bandwidth, or number of users, as described in the relevant Service-specific terms or product documentation.
• 1.10. You retain ownership of your content. NCS does not claim ownership of the data, content, or materials you submit, post, or upload to the NCS Service.
• 1.11. NCS may collect and use technical and usage data relating to your use of the NCS Service as described in the NCS Privacy Notice.
• 1.12. NCS may use aggregated or anonymized data derived from your use of the NCS Service for product improvement, analytics, and optimization purposes.
• 1.13. The NCS Service is provided “as is” and “as available” without warranties of any kind, whether express or implied, to the maximum extent permitted by law.
• 1.14. To the maximum extent permitted by law, NCS is not liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits, revenue, data, or business arising out of your use of or inability to use the NCS Service.
• 1.14.1 These Service Terms incorporate the NCS Service Level Agreement (SLA) for applicable services, where such an SLA is offered.
• 1.15. This Agreement is governed by the laws of the Federal Republic of Nigeria, and the parties submit to the exclusive jurisdiction of the courts located in Nigeria.

2.1. NCS Flexible Compute Services provide scalable, on-demand compute capacity, including virtual machines, containers, and associated networking and storage resources.

2.1.1. If you use the Microsoft Software (as defined in the NCS Flexible Compute Services documentation) made available through the NCS Flexible Compute Services, you are subject to the Microsoft End User License Agreement and the Microsoft Services Terms and Conditions, as applicable.

• Microsoft End User License Agreement: https://www.microsoft.com/en-ng/useterms
• Microsoft Services Terms and Conditions: https://www.microsoft.com/en/servicesagreement/

2.1.2. NCS Flexible Compute Services may include open-source software components, each of which is subject to its own license terms. Such license terms do not restrict your use of the NCS Flexible Compute Services but may impose obligations with respect to the relevant open-source component.

2.2. NCS Flexible Compute Services may include third-party software, including the following:

• Red Hat software, subject to the Red Hat Cloud Software Subscription Agreement: https://www.redhat.com/licenses/cloud_cssa/
• SUSE software, subject to the SUSE End User License Agreement: https://www.suse.com/licensing/eula and the SUSE Terms and Conditions: https://www.suse.com/products/terms_and_conditions.pdf
• Sophos software, subject to the Sophos End User License Agreement (EULA): https://www.sophos.com/en-us/legal/sophos-end-user-license-agreement.aspx

NCS EyesOn provides log monitoring, anomaly detection, and security event alerting. NCS EyesOn may process log and telemetry data generated by your use of the NCS Service. You are responsible for configuring NCS EyesOn according to your security and compliance requirements.

NIAM provides identity, authentication, and access-control functionality for the NCS Service.

• 4.1. You are responsible for managing user identities, roles, and permissions within NIAM, and for ensuring that access is granted only to authorized users.
• 4.2. NCS will not access your NIAM configuration except as necessary to provide, secure, or support the NCS Service, or as required by law.

NCS Domain and DNS provides domain registration, DNS hosting, and related services.

• 5.1. Domain names are provided subject to availability and the applicable domain registry policies. NCS does not guarantee the availability or continued registration of any domain name.
• 5.2. You are responsible for ensuring that your use of any domain name does not infringe the intellectual property or other rights of any third party.

NFT provides high-speed, low-latency transit and interconnect services.

• 6.1. NFT availability and performance depend on the underlying network infrastructure and third-party providers.
• 6.2. NCS does not guarantee specific throughput, latency, or uptime targets for NFT except as described in the applicable Service Level Agreement.
• 6.3. You are responsible for configuring your endpoints and connections to NFT in accordance with NCS documentation.
• 6.4. NCS may prioritize, shape, or route traffic on NFT as necessary to maintain network stability and performance.

NCS Professional Services provides implementation, migration, and advisory support.

• 7.1. Professional Services are provided on a scoped, engagement-specific basis as described in the relevant Statement of Work.
• 7.2. NCS will perform Professional Services using reasonable skill and care.
• 7.3. You are responsible for providing timely access, information, and resources reasonably required for NCS to perform the Professional Services.
• 7.4. NCS may use subcontractors to perform Professional Services, and NCS remains responsible for their performance.
• 7.5. Deliverables are provided “as is” unless expressly warranted in the applicable Statement of Work.
• 7.6. NCS’s liability for Professional Services is limited as described in Section 1.14.
• 7.7. Either party may terminate a Statement of Work in accordance with its terms.
• 7.8. Fees for Professional Services are as set out in the relevant Statement of Work and are non-refundable except as required by law.
• 7.9. Confidential information disclosed under a Statement of Work is protected as described in the applicable confidentiality terms.

8.1. NCS Training provides education and enablement services for the NCS Service. Training content is provided for informational purposes and does not constitute professional, legal, or regulatory advice.