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Service and Usage Agreement

XWireless Ltd
Website: https://xwireless.net
Email: contact@xwireless.net


1. AGREEMENT TO TERMS

These Terms of Service (“Terms”) constitute a legally binding agreement between you (“Customer”, “User”, “Reseller”) and XWireless Ltd (“XWireless”, “we”, “us”, “our”) governing access to and use of all services provided via xwireless.net.

By accessing, purchasing, or using any of our Services, you acknowledge that you have read, understood, and agreed to be bound by these Terms.

If you do not agree, you must immediately discontinue use of our Services.


2. SCOPE OF SERVICES

XWireless provides, but is not limited to:

  • Web Hosting & Reseller Hosting (Plesk-based infrastructure)
  • Domain Registration & DNS Services
  • Messaging Services (SMS, SMPP, APIs, WhatsApp integrations)
  • Cloud, Email, and IT Infrastructure Services  

We reserve the right to modify, suspend, or discontinue any Service at any time without prior notice.


3. ACCOUNT REGISTRATION & RESPONSIBILITY

You agree to:

  • Provide accurate and complete registration details
  • Maintain updated contact and billing information
  • Keep login credentials secure

You are fully responsible for:

  • All activities under your account
  • Any actions performed by third parties using your credentials

XWireless shall not be liable for unauthorized account access resulting from your failure to maintain security.


4. BILLING, PAYMENTS & RENEWALS

  • All Services are billed in advance
  • Services renew automatically unless cancelled before due date
  • Failure to renew may result in immediate suspension or deletion

Payment Enforcement:

  • Overdue accounts may be suspended without notice
  • Accounts may be terminated after non-payment
  • Reactivation may incur additional fees

Chargebacks:

  • Any chargeback or payment dispute will result in:
    • Immediate suspension
    • Permanent termination (where applicable)
    • Possible legal recovery action

5. STRICT NO REFUND POLICY

All payments are final and non-refundable, including but not limited to:

  • Hosting services
  • Messaging credits
  • Domain registrations and renewals
  • Setup or migration services

Exceptions apply only where required by applicable law.


6. ACCEPTABLE USE POLICY (AUP)

You agree NOT to use our Services for:

Illegal or Harmful Activities:

  • Fraud, scams, impersonation
  • Distribution of malware or harmful software
  • Unauthorized access or hacking

Messaging Abuse:

  • Spam, unsolicited bulk messaging
  • Phishing or deceptive campaigns
  • Grey routes or bypass of telecom regulations

Hosting Abuse:

  • Cryptocurrency mining
  • Resource-intensive abusive scripts
  • File storage or backup misuse
  • Adult exploitation or illegal content

Prohibited Business Models:

  • Ponzi schemes / HYIP
  • Fake investment platforms
  • Piracy or copyright infringement

7. ZERO-TOLERANCE ENFORCEMENT

Violation of this policy may result in:

  • Immediate suspension without notice
  • Permanent account termination
  • Data removal without backup
  • Reporting to regulatory or law enforcement authorities

No refunds will be issued.


8. RESOURCE USAGE & FAIR USE

All services are subject to fair usage.

You may NOT:

  • Excessively consume CPU, RAM, or I/O
  • Degrade server performance
  • Affect other users

We reserve the right to:

  • Throttle or limit usage
  • Suspend accounts
  • Require upgrade to higher plans

9. RESELLER TERMS

If you operate as a reseller:

  • You are solely responsible for your customers
  • You must provide first-level support
  • You are liable for all actions under your reseller account

XWireless does not provide direct support to your end users.

Any abuse by your clients is considered your responsibility.


10. DATA RESPONSIBILITY & BACKUPS

  • You are solely responsible for your data
  • Backups provided by XWireless are not guaranteed
  • We are not liable for data loss under any circumstance

You must maintain independent backups.


11. DOMAIN SERVICES

  • You are responsible for domain legality and ownership
  • Domain disputes must be handled by you
  • All domain payments are non-refundable

Failure to renew may result in permanent loss.


12. SERVICE AVAILABILITY (NO GUARANTEE)

While we strive for high uptime:

  • We do NOT guarantee uninterrupted service
  • Downtime may occur due to maintenance, failures, or third parties

XWireless is not liable for any losses due to service interruption.


13. LIMITATION OF LIABILITY

To the fullest extent permitted by law:

XWireless shall not be liable for:

  • Loss of profits, revenue, or business
  • Data loss or corruption
  • Service downtime
  • Third-party failures
  • Security breaches beyond our control

Total liability shall not exceed the amount paid for the service in the last billing cycle.


14. INDEMNIFICATION

You agree to indemnify and hold harmless XWireless Ltd from any claims, damages, liabilities, or expenses arising from:

  • Your use of the Services
  • Your violation of these Terms
  • Activities of your clients (if reseller)
  • Any unlawful or harmful conduct linked to your account

15. SECURITY & ABUSE RESPONSE

We reserve the right to:

  • Investigate suspicious activity
  • Suspend compromised accounts
  • Remove malicious content

You must:

  • Secure your applications
  • Keep software updated
  • Use strong authentication

16. INTELLECTUAL PROPERTY

All XWireless branding, systems, and infrastructure remain our property.

You may not:

  • Copy, resell, or exploit our systems beyond permitted use
  • Reverse engineer our services

17. TERMINATION

We may terminate your account at any time if:

  • You breach these Terms
  • You fail to pay
  • You pose risk to infrastructure or reputation

Termination may occur without prior notice.


18. SERVICE MODIFICATIONS

We reserve the right to:

  • Change pricing
  • Modify features
  • Update infrastructure

Continued use constitutes acceptance.


19. FORCE MAJEURE

We are not liable for failure or delay due to:

  • Natural disasters
  • Government actions
  • Telecom or power failures
  • Internet disruptions

20. GOVERNING LAW

These Terms are governed by the laws of the Federal Republic of Nigeria.


21. DISPUTE RESOLUTION

All disputes shall be:

  1. Attempted to be resolved amicably
  2. If unresolved, settled via arbitration in Lagos, Nigeria

The decision shall be final and binding.


22. CONTACT INFORMATION

XWireless Ltd
Website: https://xwireless.net
Email: contact@xwireless.net

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