This Email Service Agreement sets forth the terms and conditions of your use of the Email services.
This Agreement is made between GO54 Limited (the “Company”), a limited liability company and the Client who orders GO54 Services (the “Services”). Each of GO54 and Customer referred to as a “Party” and collectively as “Parties” under this Agreement.
The Agreement applies to the Client's use of the Services and is governed by GO54 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 as set forth on GO54 Limited's website (“the Site”), as may be modified by GO54 from time to time and all of GO54’s policies, all herein incorporated by reference and shall be deemed a single agreement (collectively the "Agreement"). GO54 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 GO54's website. Your use of the Services includes the ability to enter into agreements and make purchases electronically. It is your responsibility to check the Terms periodically for changes. If you object to any such changes, your sole recourse will be to cease using the Site and the Service. Your continued use of the Service following the posting of any changes to the Terms will indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
You acknowledge that your electronic approval constitutes your acceptance to the Agreement for each electronic purchase or transaction you enter. GO54 may accept or reject any Order you submit at its sole discretion. GO54’s provision of the Services described in an Order shall be GO54’s acceptance of the Order. If you are accepting on behalf of a Customer you represent and warrant that:
(i) You have full legal authority to bind your employer or the applicable entity to these terms and conditions;
(ii) You have read and understood this Agreement and
(iii) You agree on behalf of the party that you represent to this Agreement. If you do not have the legal authority to bind Customer, please do not "Accept" the Email Service Agreement upon login to your Admin Console. This Agreement governs Customer's access to and use of the Service.
PLEASE READ THIS AGREEMENT CAREFULLY. BY USING THE EMAIL HOSTING SERVICE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREED 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 acting as your Agent to use it on your behalf to purchase or acquire access to additional Services, to cancel your Services or to perform any transaction, (even if we were not notified of such authorization), you agree to be bound by the terms of this Agreement. 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 GO54, whether or not the transactions were on your behalf, You signify your agreement to the terms and conditions contained in this Agreement.
Our Email service allows you to get started with just a domain and emails. You also get to pay for only what you use. Our email plans are affordable and easy to use. We also offer various plans to fit every budget. More details can be found here https://www.GO54.ng/solutions/email-hosting-services
The Services are provided by a 3rd party provider via GO54. You acknowledge and agree that your use of the Services is subject to the terms of this Agreement.
You must read through Terms of Service and accept the Terms of Service prior to using the Services. The Agreement is a contract between you and GO54.
We will have no liability for performance of the Services other than as set forth in this Agreement. You are responsible for obtaining and maintaining any consents required from your individual end users who use the Services to allow us to perform our obligations under this Agreement.
Use of this Service is governed by the following policies, which are incorporated by reference. By using the Services, you agree to the terms of the following policies: Privacy Policy Terms of Service Refund Policy Backup 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 apply to you and would be incorporated herein.
GO54 shall provide to you the Services and Support subject to the terms and conditions of this Agreement but this is dependent on your complete payment for the Order before it is provisioned; and
GO54 shall comply with all laws applicable to its provision of the Services.
GO54 shall be responsible for and shall follow best 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 GO54 may have access to data of Customer using the Products/ Services with your authorization, GO54 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 party or both Parties to disclose or distribute any data of End Users obtained through activities under this Agreement. GO54 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 GO54 or entered into GO54 systems shall be regarded as confidential Information of the Customer.
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 obtaining the prior written consent of the Disclosing Party. The Receiving Party may only use the Disclosing Party’s Confidential Information as is necessary to carry out its activities as stated 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. GO54 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 judgement 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 5 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 5 and to specifically enforce the terms and provisions of this Section 5, in addition to any other remedy to which such Party may be entitled, at law or in equity.
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 Service. Customer may not use Company’s technology for any purpose other than accessing and using the Service. GO54 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 Service 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 the Email hosting service and the related hardware, software and systems ("Marks"). Nothing in the Agreement constitutes a license to Customer to use or resell the Marks.
You may agree to a one (1) month, three (3) months, six (6) months, or twelve (12) months contract agreement with GO54 prior to the activation of your desired Services. Some of the features on the Service require payment of fees, as described for each Service on the Site (“Fees”). If you sign up for these features, you must pay all applicable feature fees. We reserve the right to change our prices at any time and we will use reasonable efforts to notify you of such modification. You authorize us to make any reasonably necessary inquiries to validate your account and financial information.
All Fees are inclusive of all taxes, levies, or duties imposed by taxing authorities, and are non-refundable in whole or in part, unless this Agreement specifically provides for a refund and you are responsible for payment thereof. If you purchase any Services that we offer for a Fee, you consent to GO54, or our third-party service providers, storing your payment card information and you authorize us to charge you:
If the payment card you provide for recurring payments expires and you do not provide new payment card information or cancel your account, you authorize us to continue billing you and you will remain responsible for any uncollected Fees.
In the event of a chargeback by a payment card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we may suspend access to the Services or terminate this Agreement. In the event we suspend access to the Services, we may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and any reinstatement fee communicated to you. According to our refund policy, If you have an issue with your payment card or other payment methods, you should contact us regarding the issue before you contact your payment card or other payment process company to request a chargeback or reversal of the charges.
Client shall comply with applicable law and the terms and conditions of the Agreement.
Client shall accept the 3rd party's Terms of Service after activation of the Service by GO54 before using the service.
Client shall pay GO54 the amounts set out for each order for Services attributed to the 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.
The 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 the Company or its products and services.
The client will cause its personnel who are responsible for the Client's activities under the Agreement to remain well-informed concerning the company's products and services. Among other things, the client will cause such personnel to review the company's website occasionally to ensure that such personnel is 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.
If you cancel the Service, your cancellation will take effect immediately. After cancellation, you will no longer have access to your Email hosting service. For as long as we continue to offer the Service, we will provide and seek to update, improve, and expand the Service. As a result, we allow you to access the Service as it may exist and be available on any given day and have no other obligations, except as expressly stated in these Terms. We may modify (e.g., change data storage or capacity limits), replace, refuse access to, suspend or discontinue the Service, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes are effective upon their posting on our site or by direct communication to you unless otherwise noted.
There will be no refunds for all paid Email Service. If you are dissatisfied with such account service for any reason, please direct requests to billing@go54.com. More information on refunds: https://www.GO54.com/tos/refund-policyAt any time during your contract term, you may increase the number of emails (Upgrade) for your service with GO54. In the event of a service downgrade (decrease the number of emails), there will also be no refunds. Downgrading your account may cause the loss of email accounts. GO54 shall not be liable for such loss.
GO54 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, Globalpay, PayPal, Stripe and any other payment options, may be subject to the applicable third party terms of service and privacy policies 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: GO54 uses third party payment processors 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 GO54 Privacy Policy. Online 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. Rave by Flutterwave - privacy policyPayPal - privacy policyPaystack - privacy policy
You represent and warrant that: (i) you will not resell, distribute, lease, or allow another third party to use the Service; (ii) your principal place of business will be determined by the place where the majority of your business takes place; (iii) you have full power and authority to enter into the Agreement; (iv) you will comply with all laws and regulations applicable to its provision or use of the Services as applicable (including applicable security breach notification law). GO54 warrants that it will provide the Services in accordance with the applicable Email Hosting Agreement.
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) month.
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.
GO54 may suspend, terminate or limit your access to the Email Hosting Service, in whole or in part, with or without notice in the event that:
Your conduct may harm GO54 or others (a material breach or security breach) or cause GO54 or others to incur liability as determined by GO54 in our sole discretion; or
You are responsible for paying all termination costs, including GO54's reasonable costs associated with canceling your account, in the event that this Agreement is terminated as a result of your violation of its terms. You acknowledge that GO54 may incur expenses in implementing this Section against You. Any copies of the materials provided to You hereunder and mentioned herein must be destroyed after termination. You acknowledge and agree that GO54 may remove all information about you from the Services upon termination or discontinuance for any reason.
GO54 employees with training and experience relative to the Services will be available ‘live’ by chat and email twenty-four (24) hours per day, seven (7) days per week, all year round. We will respond to questions and complaints from you relating to your use of the Services.
The Terms of Service provides a service level agreement from GO54 to you. The service level agreement may be updated periodically by GO54.