Terms of Service Agreement

THIS TERMS OF SERVICE AGREEMENT (“Agreement”) is made on the 12^th day of  July in the year of our Lord Two Thousand and Nineteen between SISCOBox of 56 Regent Road, IMAATT, Hill Station Freetown in the Western Area of the Republic of Sierra Leone (hereinafter referred to as the “Service Provider”) and the “Service User”.

In this Agreement:

‘Service User’ refers to individual, companies, firms, entities and it includes any agent, employee, servant or person authorized to act on the Service User’s behalf.

‘SISCOBox’ includes its successors, subsidiaries, parent and sister companies.

“Third Party’’ means a person not a party to this Agreement.

 

WHEREAS the Agreement sets forth the terms and conditions of the use of the Service Provider’s systems, software, platforms, APIs, and the use and/or purchase of the Service Provider’s products and related services and for the purchase and/or use of any products and services acquired through the Service Provider from the Service Provider’s partners and/or affiliates (collectively referred to as “Services”).

WHEREAS this Agreement explains the Service Provider’s obligations to the Service User and explains the Service User’s obligations to the Service Provider for using the Service Provider’s services. These obligations are in addition to (not in lieu of) any specific terms and conditions that apply to the particular services.

WHEREAS when  the Service User uses the Service Provider’s site, the Service User’s account (or wherein the Service User permits a third party to use it) to purchase or otherwise acquire access to Services or to cancel the Service User’s services (even if the Service Provider does not notified of such authorization), the Service User signifies that this Agreement to the terms and conditions contained in this Agreement, along with the following policies and the applicable product agreements, which are incorporated by reference herein.

WHEREAS the Service User agree that the Service Provider may, in its sole and absolute discretion, modify this Agreement and the Services it offers to the Service User from time to time and that such modifications are effective immediately upon posting to this site.

AND WHEREAS the Service User use of the site or Services, after such changes or modifications have been made, constitutes to this Agreement to be bound by this Agreement as last revised. If the Service User have purchased Services from the Service Provider, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, as long as the Service User take advantage of and use the Services.

1. Eligibility & Authority.

The Service Provider’s site and Services are available only to Service Users who have the capacity under applicable law to enter into legal binding contracts. By using this site and/or the Services, the Service User represents and warrants that he or she is at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the Country or other applicable jurisdiction.

If the Service User is entering this Agreement on behalf of a corporate entity, he or she hereby represents and warrants that he or she has the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference), in which case the “Service User” will also refer to such corporate entity. If, after entering into this Agreement, the Service Provider finds out  that the Service User does not have the legal authority to bind the said corporate entity, such Service User will be personally be liable for the obligations set out in this Agreement and any/all related agreements that the Service User entered into based on the Services used by the Service User, including but not limited to the payment obligations.

The Service Provider shall not be liable for any loss or damage resulting from the Service Provider’s reliance on any instruction, notice, document or communication reasonably believed by the Service Provider to be genuine and originating from an authorized representative of Service User corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, the Service Provider reserves the right (but undertake no duty) to require additional authentication from the Service Provider. The Service User further agrees to be bound by the terms of this Agreement, and any other related agreements and/or policies required by the Services purchased, for transactions entered into by  the Service User, anyone acting as an agent of the Service User and anyone who uses the account or the Services, whether or not authorized by the Service User.

2. Accounts; Accurate Information; Transfer of Data Abroad.

Accounts & Accurate Information. In order to access some of the features of this site or use some of the Services, the Service User will have to create an Account. The Service User hereby represents and warrants that all information a Service User submits when creating an Account is accurate, current and complete, and that the Service User will keep his or her account information accurate, current and complete. The Service User further agree that, while using the services, will maintain accurate information by providing updates to the Service Provider as needed.

The Service User hereby agrees that the he or she will notify the Service Provider within five () business days of any change in the information the Service User provided as part of the application and/or registration process and as required by the Service User’s Account. Failure by the Service User, for whatever reason, to respond within five (5) business days to any inquiries made by the Service Provider to determine the validity of information provided by the Service User will constitute a material breach of this Agreement.

If the Service Provider has a reason to believe that the Service User’s Account information is untrue, inaccurate, not current, misleading or incomplete, the Service Provider reserves the right and it is the Service Provider’s sole and absolute discretion, to suspend or terminate the Service User’s Account and any Services thereto.

The Service User is solely responsible for the activity that occurs on his or her  Account, whether authorized by the Service User or not, and the Service User must keep his or her Account information secure, including without limitation the Service User’s customer username/login, support pin code, password, API key (if any) and any/all content which might include payment details.

Service User must notify the Service Provider immediately of any breach of security or unauthorized use of Service User’s Account. the Service Provider will not be liable for any loss a Service User incur due to any unauthorized use of the Service User’s Account. The Service User, however, may be liable for any loss the Service Provider incur as a result of the Service User’s Account, whether caused by the Service User, or by an authorized person, or by an unauthorized person. The Service User further agree that the Service Provider may charge the Service User in relation to the said matter, regardless of whether or not the Service Provider return control over the Account and/or domain names in question to the Service User.

Transfer of Data Abroad. If you are visiting this Site and/or using the Service Provider’s Services from a country other than the country in which the Service Provider servers are located, the Service User’s communications with the Service Provider may result in the transfer of information (including the Service User’s Account information) across international boundaries. The Service User by visiting the Service Provider’s Site, using the Service Provider’s Services and communicating electronically with the Service Provider, the Service User hereby consents to such transfers.

3. Data Protection, Use & Processing

The Service Provider offers certain hosted Services available to the Service Provider that may involve the submission, collection and/or use of personally identifying or identifiable information about the Service User and the Service User’s own customers (“Your Data”) in the course of the Service User use of these Services (“Covered Services”). The Term “Your Data’’, for the purpose of this Section, excludes any User Content. The Service Provider’s Data Processing Standards, which is hereby incorporated by reference and applicable to Covered Services, is meant to provide the Service User contractual assurance to ensure the transfer of the Service User’s Data, including transfers of the Service User’s Data is in respect of a compliant in compliance with applicable data privacy laws.

For the purposes of the Data Processing Rules (when and as applicable), the Service User (and Service User’s applicable affiliates) are considered the Data Controller/Data Exporter, and Service User’s acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as the Service User’s acknowledgement and acceptance of the DPA and its appendices (including the Standard Contractual Clauses and its appendices, as applicable).

4. Availability of Website & Services.

The Service Provider shall use commercially reasonable efforts to attempt to provide this site, the Services available to purchase on Service Provider site and Service Provider’s Services on a twenty-four (24) hours a day, seven (7) days a week basis. Service User acknowledge and agree that from time to time this site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that the Service Provider undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. Service User acknowledge and agree that the Service Provider have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that We assume no liability to the Service User or any other party with regard to such, including but not limited to loss of revenue.

From time to time, the Service Provider may offer new Services (limited preview services or new features to existing Services) in a pre-release version. New Services, new features to existing Services or limited preview services shall be known, individually and collectively, as “”. Beta Services, unless otherwise exempted, are subject to the following:

If the Service User elect to use any Beta Services, then the Service User’s use of the Beta Services is subject to the following terms and conditions: (i) the  Service User acknowledge and agree that the Beta Services are pre-release versions and may not work properly; (ii) the Service User acknowledge and agree that the Service User’s use of the Beta Services may expose the Service User to unusual risks of operational failures; (iii) The Beta Services are provided as is, so the Service Provider does not recommend using them in production or mission critical environments; (iv) We reserve the right to modify, change, or discontinue any aspect of the Beta Services at any time; (v) Commercially released versions of the Beta Services may change substantially, and programs that use or run with the Beta Services may not work with the commercially released versions or subsequent release (vi) the Service Provider may limit availability of customer service support time dedicated to support of the Beta Services; (vii) the Service User acknowledge and agree to provide prompt feedback regarding the Service User‘s experience with the Beta Services in a form reasonably requested by the Service Provider, including information necessary to enable the Service Provider to duplicate errors or problems you experience. The Service User acknowledges and agrees that the Service Provider may use the Service User’s feedback for any purpose, including product development purposes. At the request of the Service Provider, the Service User will provide the Service Provider with comments that the Service Provider may use publicly for press materials and marketing collateral. Any intellectual property inherent in the Service User’s feedback or arising from the Service User’s use of the ‘Beta Services’ shall be owned exclusively by the Service Provider; (viii) the Service User acknowledges and agrees that all information regarding the Service User’s use of the ‘Beta Services,’ including the Service User’s experience with and opinions regarding the ‘Beta Services’, is confidential, and may not be disclosed to a third party or used for any purpose other than providing feedback to the Service Provider; (ix) the Beta Services are provided “as is”, “as available”, and “with all faults”. To the fullest extent permitted by law, the Service Provider disclaims any and all warranties, statutory, express or implied, with respect to the Beta Services including, but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.

The Service Provider offers, as part of the Services available to the Service user, products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between the Service Provider and the Service User. Nothing contained in any agreement executed between the Service user and a third-party provider shall eliminate, reduce or add to the obligations of the Service Provider as described herein.

All paid Services are non-refundable, unless otherwise specified.

5. Account Panel.

The account panel associated with the Service User’s Account (“Account Panel”) enables the Service User to purchase, renew, extend, suspend or cancel Service(s). the Service User acknowledges and agrees that the Service User will not use the Account Panel to abuse and/or overload any of the Service Provider’s Systems or Services or any API. Abuse of the Account Panel will be determined in the Service Provider’s sole and absolute discretion. It includes but is not limited to repetitive, high volume requests, inquiries, calls or other excessive use or abuse of the Service Provider’s Systems or Service(s) or any API.

The Service User further agree to abide by such guidelines on acceptable use of the Service Provider’s Services (and/or the Account Panel) as set forth by the Service Provider, which may change at any time in the Service Provider’s sole and absolute discretion.

In addition to any other right to terminate, the Service Provider specifically has the right to immediately terminate the Service User’s Account, without notice or right to cure, in the event that the Service User violate this term.

6. Acceptable Use Policy (AUP).

The Service User acknowledges and agrees to the following with respect to all of the Service Provider’s Services:

1. The Service User will use all Services for lawful purposes only and the Service User will comply with the terms of this Agreement and any other agreements the Service User have entered into by virtue of purchasing or using the Service Provider’s Service(s) in addition to all applicable local, state, national and international laws, rules and regulations.
2. The Service User will not collect or harvest (or permit anyone else to collect or harvest) any user content (as defined below) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission.
3. The Service User will NOT use the Service Provider’s site or Services in a manner (as determined by the Service Provider in the Service Provider’s sole and absolute discretion) that:
   • Violates the laws, regulations, ordinances or other such requirements of any applicable State, national or local government and/or international laws or customary industry acceptable use standards;
   • Promotes, encourages or engages in child pornography or the exploitation of children;
   • Promotes, encourages, engages or displays cruelty to humans or animals;
   • Promotes, encourages or engages in terrorism, violence or hatred against people, animals or property;
   • Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or Mail Bombing;
   • Makes any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum;
   • Makes, attempts or allows any unauthorized access to the Service Provider’s website, servers, account, Your own hosting account or the account of any other customers of the Service Provider;
   • Allows any remote code execution of malicious software through a hosting account or any APIs provided by the Service Provider;
   • Causes denial of service attacks, port scans or other endangering and invasive procedures against the Service Provider servers and facilities or the servers and facilities of other network hosts or Internet users;
   • Forges the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the user;
   • Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third-party information;
   • Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware;
   • Contains any kind of proxy server or other traffic relaying programs;
   • Uploads unacceptable material which include: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc.), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts;
   • Engages in or instigates actions that cause harm to the Service Provider or other customers.

If you have questions about this Agreement, please contact us by email or regular mail at the following address:

SiscoBox Legal Department
Saimo Information Systems Company
56 Regent Road, IMATT, Hill Station
Freetown 47235, Sierra Leona
+232 78 022 276

Last revised: July 12, 2019