FrontDesk.ng Sublicense Agreement

This FrontDesk.ng Sublicense Agreement (the "Agreement") is an agreement between "the User", who acts as a Sublicensee (the "User") in this Agreement, and the SHARPHIRE GLOBAL LIMITED (the "Licensee"). Conclusive actions by a natural person or a legal entity (the "User"), with the aim of using the Service, are considered to be an unconditional acceptance of this Agreement.

This FrontDesk.ng Sublicense Agreement, along with the Privacy Policy https://www.frontdesk.ng/privacy and additional provisions, which are related to the use of the Service and its components, and are presented on the FrontDesk.ng Web Service, contain the terms and provisions applicable to every visitor or a FrontDesk.ng Web Service User, applications, and components that are offered in addition to the website https://www.frontdesk.ng.

By using the Service, the User expresses their consent to the Agreement terms. If the User does not agree with any of the terms, the User has the right not to use the FrontDesk.ng Web Service.

  1. Definitions

    1. The definitions used in this Agreement are as follows:

      Registration is a procedure during which the User submits valid personal data according​ to the form approved by the Licensee as well as the Login and the Password. The Registration shall be deemed completed only if the User has successfully gone through all of its steps, including the activation by following a unique link which is sent to the email provided by the User. The link activation by the User is the moment when the Agreement comes into effect between the User and the Licensee, i.e. a total and unconditional agreement of the Parties with the terms of this Agreement.

      Service means a software package available on the Internet at the website address https://www.frontdesk.ng. The Service includes but is not limited to the set of information, texts, graphical elements, designs, images, photos and videos, and other intellectual properties, as well as computer programs contained in the information system, which makes such information available on the Internet at the website address https://www.frontdesk.ng.

      Username is a unique name (nickname), provided by the User during Registration, to be used for the User's identification and, when used together with the Password allows access to the Website's Services by the User.

      Password is an alphanumeric code provided by the User during Registration, stored by both Parties of this Agreement in secret from third parties, and used together with the Username to get access to the Website's Services by the User.

      Username and Password are the identification data provided by the User that are recognized by the Parties as the equivalent of the User's signature.

      User's Personal Registration Data is the data voluntarily provided by the User during Registration. The data is stored in the Licensee's database, and shall be used solely in accordance with this Agreement, and the applicable international law.

      Account is a structure of specific data, information, and a range of provided services that belong collectively to a single entry in the Licensee's database, and are individualized by the data provided by the User during Registration.

      Personal Website is a website created by the User with the help of the software provided by the Licensee.

      Content means information in any form (text, audio, video, graphic files, photos, and any other files) used (as well as stored, distributed, transferred etc.) by the User in any form (including but not limited to a text message, an attached file of any format, links on the Internet, etc.) within or through the use of the Service and its tools.

      Licensee is SHARPHIRE GLOBAL LIMITED. The terms "SHARPHIRE GLOBAL LIMITED" and "Licensee" are equivalent and are equally valid and binding.

      User is a natural person or a legal entity, having legal competence, who has registered voluntarily on the Website and who is one of the parties in this Agreement. The terms "User" and "Sublicensee" are equivalent and are equally valid and binding.

      FrontDesk.ng Terms of Use is an Agreement between the User and the Licensee including the Sublicense Agreement, Privacy Policy, as well as other agreements provided in the "Terms of Use" section.

    2. All of the other definitions within the text of this Agreement shall be construed by the Parties according to the laws of the Federal Republic of Nigeria, and generally accepted construction rules of corresponding terms as it is established on the Internet.

    3. Paragraph (clause) titles, as well as the structure of the Agreement, are intended exclusively for easy reference of the Agreement text and do not have literal legal meaning.

  2. Subject of the Agreement

    1. This Agreement regulates the relationship between the User and the Licensee with regard to the Licensee providing the User with the rights to use Services and software of the Licensee by using the Licensee's website and tools of the Service as a builder to create personal websites for business.

    2. In accordance with this Agreement, the Licensee provides the rights to use the Service as follows:

      1. provides software access to the User to allow the management of the Website's structure and content;
      2. provides the User with the ability to choose from a number of ready-to-use design templates for the Personal Website the User is creating;
      3. provides access to information via Internet;
      4. other services provided by the Agreement and any additions thereto.
    3. The User gets access to the Service by logging in after entering their personal Username and Password. The User's Account is used to manage the Personal Website.

  3. Intellectual Rights

    1. The Service, its constituents, and separate parts (including, but not limited to software, databases, codes, know-hows based on them, algorithms, design elements, fonts, logos, as well as text, graphical, and other materials), are objects of intellectual property protected under the national and international laws, and any usage is allowed only with the permission of the rights holder.

    2. The Licensee hereby provides the User with a non-exclusive (without limiting of the licensed territory and not subject to transfer or cession to the third parties), revocable, limited license to use the software (the Licensee's universal website management system) throughout the term of this Agreement. The software is provided to the User within the terms of the active License Agreement with the Rights Holder. This non-exclusive license is intended to provide the User with the opportunity to use the Service for personal and commercial purposes subject to the limitations provided in paragraph 3.6 of this Agreement.

    3. The User shall not (and shall not permit anyone to) change, create derivative works, disassemble the program into component codes, decompile, or otherwise attempt to derive the source code of the software or any part thereof, unless permitted by the Licensee to do so, in writing. Otherwise, the User is fully responsible for such actions under international and national laws.

    4. The software used by the User may automatically download and install updates periodically provided by the Licensee. Such updates are designed to improve and develop the Service, and may be provided in the form of individual bug fixes, enhanced functions, new software modules, or completely new versions. The User agrees to receive such updates (and permits the Licensee to provide such updates) as a part of the use of the Service.

    5. The Licensee hereby provides the User with a non-exclusive (not subject to transfer or cession to the third parties) license to use the design throughout the term of this Agreement. This non-exclusive license is intended to provide the User with the opportunity to use the Service for personal and commercial purposes subject to the limitations provided in paragraph 3.6 of this Agreement.

    6. The Agreement does not provide for the transfer of the rights for the Licensee's intellectual property (or its part), except for the limited license, which is granted on the basis of the foregoing. None of the provisions of the Agreement constitutes a cession of intellectual property rights of the Licensee or a waiver of these rights under the law.

  4. Rights and Obligations of the Licensee

    1. The Licensee shall grant the right to use the Service to the extent specified by the chosen Plan, in accordance with the Terms, 24 hours, 7 days a week, including weekends and holidays.

    2. The Licensee shall make all reasonable effort to ensure the stable operation of the Service, its progressive improvement, including bug fixes, however, the Service is provided to the User on an "as is" basis. This means that the Licensee

      1. does not guarantee the absence of malfunctions in the work of the Service;

      2. is not responsible for its continuous operation and its compatibility with software and technical devices of the User and other parties;

      3. is not responsible for the loss of Content or for causing any losses which have arisen or may arise in connection with or when using the Service;

      4. is not responsible for non-performance or improper performance of its obligations due to power failures, malicious programs as well as unscrupulous actions of third parties aimed at unauthorized access and/or disabling of the software and/or hardware of the Licensee.

    3. The Licensee has the right to provide the User with access to the Service and maintain the Service and tools in working order, as well as the right to suspend the provision of web applications for the time required to carry out the regular maintenance and restoration of the equipment with a prior notice to the User.

    4. The User agrees that the Licensee reserves the right to use the data provided by the User during Registration to run events related to the Service as well as send advertising, and informational messages to the email address and (or) SMS messages to the mobile phone number that were provided by the User, and place advertising and informational messages in the User's Account at its sole discretion.

    5. The Licensee reserves the right to contact the User through phone calls or by sending SMS messages to check the quality of the provided services and to provide the User with critically important information.

    6. The User agrees that the Licensee reserves the right to use any version of the User's Personal Website (or any part of) indefinitely and free of charge as a part of the Licensee's marketing and advertising activity in any country of the world both online and offline as well as make changes to the version required for such purposes. The User shall waive any claims to the Licensee in relation to the User's Personal Website in connection with the described types of permitted limited use.

    7. The Licensee reserves the right to ask the User for scanned copies of the User’s documents to verify the identity of the Account/domains owner. The Licensee is also obliged to provide accurate contact information about the User upon a request from law enforcement authorities or other authorized organizations.

    8. The Licensee shall ensure confidentiality and safety of the registration data received from the User, except when such disclosure happens through no fault of the Licensee, or in cases stipulated by the applicable international and Nigerian laws.

    9. The Licensee is not, under any circumstances, liable for the Content published or sent by the User, or received by the User from other Users.

    10. The Licensee shall not pre-moderate the content and is not under any circumstances liable for its compliance with the requirements of the applicable law, or for possible infringement of the rights of third parties due to publication of Content when using the Service or in relation to it.

    11. The Licensee shall provide technical support to the User for situations and issues that are described in paragraph 12, section 4 of this Agreement.

    12. Technical support is provided in written form only upon the User's official request which is sent by filling out the Contact Us form. A consultation with a specialist can be provided on the following issues: registration and problems that may occur in the process, functioning of the Service and its tools, recovery of a lost password and (or) access. The support is not provided for hardware, software or Internet access setup for the User or third parties. Nor is support provided regarding other questions that are not related to the work of the Service.

    13. The Licensee is not obligated to return or delete Content provided by the User in relation to the use of the Service.

  5. Rights and Obligations of the User

    1. The User warrants that:

      1. they are 18 (eighteen) years old or of legal age in the jurisdiction in which they reside and have legal competence to enter into a legally binding Agreement on their behalf or on the behalf of a natural or legal person in whose interests they enter into this Agreement;

      2. they take full responsibility for the violation of intellectual rights of third parties of the Personal Website with the domain name which they administer and are willing to bear the burden of litigation, the subject of which is the violation of intellectual rights of third parties by the User, to be sued, and incur all related costs and expenses;

      3. the User understands the Licensee does not provide legal advice regarding the legislation or requirements that apply to the User or end users, as well as regarding the User's compliance with the current laws and requirements;

      4. the User owns all rights in respect to the content which was uploaded by them, including designs, images, animation, video, audio files, fonts, logos, illustrations, compositions, graphics, interfaces, texts, literary works, and other materials, or the User has all authority, documents of title, licenses, consents, and permissions, in respect to the User content, that are necessary for its legal use, publication, and transfer or licensing of any rights in respect to the specified User content;

      5. the User content is true, up-to-date, accurate and does not infringe the rights of third parties, and its ownership, publication, transfer or demonstration is not illegal in the jurisdiction where the User resides or in the jurisdiction where individuals who access and use the Personal Website of the User reside; the use or ownership of the Content in connection with the use of the Service is not illegal for FrontDesk.ng and/or end users;

      6. the user has received all necessary consents and permissions under the current laws to upload, transfer, and publish personal data and/or images or collages depicting natural or legal persons and/or property which is a part of the User content; the User shall comply with all applicable requirements and limitations of legislation in this regard.

    2. Rights of the User:

      1. The User has the right to use the Service in any way not prohibited by this Agreement and by the applicable International and Nigerian laws.

      2. In the event that there are technical problems with the functioning of the Service, or in the event that the User receives unauthorized advertising messages or messages that contain content prohibited by this Agreement, including threats or files suspected of viruses, or in the event that the User discovers facts which give them reason to believe that the User's access was used by someone illegally, the User has the right to contact the Licensee with a request to clarify the situation and take the required measures.

      3. The User has the right to contact the Support Team with questions related to the Registration and problems which occur during it, the functioning of the Service and its tools, and the password recovery.

      4. The User has the right to use discounts, promotions, and marketing offers and to receive prizes for participation if this is provided by the offers.

      5. The User has the right to receive a refund within the Guarantee Period. The refund is made within the Guarantee Period only after the Licensee has received a corresponding reasonable request from the User.

      6. The User has the right to have their personal and credit card data secured so far as it depends upon the Licensee under the applicable International and Nigerian laws.

      7. The User has the right to opt-out of receiving phone calls, SMS, and other informative advertising messages by notifying the Licensee.

    3. Obligations of the User:

      1. The User shall not infringe on the rights of third parties when publishing Content through the Service.

      2. The User understands, accepts, and agrees that when registering a third-level or a fourth-level domain name, the User becomes the Administrator of the registered domain name and shall be fully responsible under International and Nigerian laws and the terms of this Agreement.

      3. The User is responsible for keeping their Username and Password beyond the reach of third parties and for their timely change if it becomes necessary in the event of password loss or other necessity.

      4. The User is liable for providing true and accurate contact and registration information about himself/herself to the Licensee during Registration to the Service. In the event that the provided data changes, the User shall notify the Licensee about it by changing the details.

      5. The User shall never and under no circumstances use the Service to:

        1. Publish, distribute, store, or transfer in any form (including but not limited to, text messages, an attached file of any format and links on the Internet) the following types of the Content:

          • indecent, offensive, vulgar, malicious, threatening, defamatory, false, or pornographic;

          • harmful to the honor and dignity, rights and legitimate interests of third parties; promoting the incitement of religious, racial, or ethnic hatred; containing elements of violence, or calling for breaking of the law in force or for illegal actions etc.;

          • infringing on the rights of others for the illegal gain of intellectual property or brand identity (including copyrights, patent rights etc.) of third parties;

          • violating the rights of minors;

          • contributing to the emergence of interest in or distribution of drugs, weapons and ammunition, any form of terrorism, illegal and Nazi activities;

          • containing information that is not allowed to be disclosed (information constituting state secrets, personal data of third parties, information prohibited from disclosure by virtue of contractual or fiduciary relations of the User, etc.);

          • containing software viruses or any other computer codes, programs or files, aiming to harm the functionality of any computer or telecommunications equipment and parts thereof, including servers and other components of network infrastructure and software. Sending of malware is prohibited in any form, including a complete program or any part thereof, any individual files in any format, as well as Internet links to them;

          • containing advertisements that are not authorized by the Licensee, spam (including all forms of search engine spam), flood or chain messages, multi-level marketing schemes, ways to earn money on the Internet (including through emails), information provoking a "chain reaction" in sending messages by recipients and other similar information;

          • aimed at artificially increasing the User's rating or the rating of other Users.

        2. Publish, distribute, store, or transfer any other Content the distribution, disclosure or other use of which is prohibited or restricted by law, agreement or otherwise.

        3. Connect and use any software designed to hack or aggregate personal data of other Users, including usernames, passwords, etc. (phishing), or for automatic mass mailing of any content.

        4. Artificially increase traffic for their websites, imitating hits by visitors, particularly by loading pages of the User’s or someone else’s website in iframes, participating in traffic exchange networks (autosurfing) etc. Such actions are considered as infliction of direct harm to the Licensee.

        5. Deceive anyone by using someone else's name and by deliberately publishing, sending messages, or in any other way using the name illegally for intentional infliction of damages on another party for any personal gain.

        6. Perform other actions that are prohibited or restricted by international and Nigerian laws.

      6. By accepting this agreement the User understands, accepts, and agrees that:

        1. the User shall be fully and personally liable for the Content and compliance of all Content, including all texts, software, music, audio, photos, graphic files, video, etc., to international and Nigerian laws;

        2. the User shall be fully and personally liable for the compliance of the ways he/she uses the Content of other Users and other information provided by the Service to international and Nigerian laws (including, but not limited to, intellectual property and data protection law);

        3. the User shall not use the Account only for file storage;

        4. the User shall not cause any harm to the software environment, hardware and software itself, or to the node machines of the Service and third parties.

      7. In case of a breach by the User of any of the Agreement’s provisions, the Licensee reserves the right to terminate the User's access to the Service (including blocking access to the Service from the IP address that was used by the User to register/publish the the largest part of the Content), and to transfer the Content confirming the Users' illegal actions for action by the law-enforcement authorities or other authorized organizations.

      8. The User agrees to reimburse the Licensee for any losses incurred by the Licensee in connection with the User using the Service in such a way as to breach this Agreement and the rights (including intellectual property rights, information rights, etc.) of third parties.

      9. The User acknowledges and agrees that the IP address of the User's personal computer is recorded with the technical tools of the Licensee, and in case of illegal actions, including actions that violate the intellectual property rights of third parties, the owner of the personal computer with the IP address determined by the technical tools of the Licensee is deemed responsible for these illegal actions.

  6. Paid Services

    1. The Service is provided in both free and paid plans.

    2. To keep using the Service without limitations, the User has to make a paid subscription according to the Service's pricing policy.

    3. The cost of paid services is determined in accordance with the Pricing Plans published at https://dashboard.frontdesk.ng/plans.

    4. The Licensee reserves the right to unilaterally change the Plans at any time. The information on the Plans is available in the User's account.

    5. The effective date of the Plan provision is the date when the Licensee receives the payment made by the User.

    6. During the Guarantee Period the Licensee guarantees a full refund to the User upon the User's request. The refund request shall include a significant reason for the refund. All requests will be processed and resolved individually. The Guarantee Period does not apply to the domain registration and domain renewal services.

    7. Upon expiration of the Guarantee Period, a refund is not possible.

    8. The User shall not receive a refund if their Account has been blocked due to violations of the provisions contained within this Agreement.

    9. The User agrees that the paid plans are provided with automatic renewal upon expiration through automatic withdrawal of the required amount from the User's bank card for the purpose of the uninterrupted provision of the services. The automatic renewal service is activated after the first successful payment with a bank card for the corresponding paid plan provided in accordance with the Agreement. The paid services are automatically renewed for the period of 30 days; the cost of the services is established as of the renewal date. The monthly payment for the paid plans provided in accordance with the Agreement is charged through the automatic renewal service as follows:

      1. 3 days prior to the expiration date of the current period;

      2. in case the payment is not successfully charged on the first billing attempt, the second attempt is made on the expiration date of the current period;

      3. in case the payment is not received on the expiration date, a repeated attempt is made on the day following the expiration date of the current period;

      4. provided that there is no payment having been received, the next attempt is made on the coming Friday. There must be no more than 2 days before Friday, otherwise the payment is charged on Friday of the following week.

      The User can manage automatic renewal of the paid services on the Dashboard at any time till the subscription expiration (renewal) date.

    10. When a payment is made with a bank card, the payment (including the card number input) is processed on the protected page of the internationally certified processing service. This means that the User’s confidential data (bank card details, registration data etc.) are not provided to FrontDesk.ng. Data processing is fully secure and no one, including FrontDesk.ng, can get access to the personal and banking details of the User. When processing the card data, the security standard developed by the International Payment Systems of Visa and MasterCard is used – Payment Card Industry Data Security Standard (PCI DSS). It ensures protected processing of the cardholder’s details. The applied data transfer technology guarantees secure bank card deals through the TLS (Transport Layer Security) protocols, verified by Visa, Secure Code, and closed bank networks with the highest degree of protection.

    11. In case of a refund, the funds are returned to the same bank card the payment was made from.

  7. Privacy

    1. Certain segments of the Service require providing, collecting and (or) using of personal details. Particularly, when granting access to the Service and the right to use it, certain User's data is required. More information on the FrontDesk.ng's Privacy Policy is available at https://www.frontdesk.ng/privacy.

  8. Settlement of Disputes and Claims

    1. All disputes and claims are regulated by the provisions of this Agreement. In the event the claim or dispute cannot be settled, the claim or dispute shall be handled according to procedures established by the applicable law.

    2. Any questions, comments, and other correspondence should be sent by the User to the Licensee as a message through the contact form at https://www.frontdesk.ng/about. The Licensee is not responsible for, and does not guarantee, a response to inquiries, questions, suggestions or other information sent to the Licensee in any other way.

    3. Claims that arise in connection to the Agreement and that are related to the violation of intellectual property rights of third parties should be sent to the Licensee as a message through the contact form on the Licensee's website. The Licensee shall review the claim within 10 (ten) business days and, if necessary, send a message outlining the company's position to the email address specified in the claim. Claims by persons whom it is not possible to identify on the basis of the provided registration data (including anonymous claims) shall not be considered by the Licensee. If the complainant does not agree with the reasons given by the Licensee in response to the claim, the settlement procedure is to be repeated by means of the complainant sending a reasoned response by registered mail with return receipt. In the event that the claim cannot be settled through negotiation, the dispute is to be resolved in the order set by this Agreement.

    4. The User and the Licensee agree that any disputes arising in connection with this Agreement shall be resolved by the parties according to the norms of the Nigerian and international law and shall be considered at the location of the Licensee.

  9. Term of the Agreement

    1. This Agreement is concluded between the parties for an indefinite period, subject to the User's continued use of the Service.

  10. Additional Provisions

    1. The current version of the Agreement is published on the Internet at https://www.frontdesk.ng/terms.

    2. The Licensee reserves the right to unilaterally, and without prior notice, change the terms of the Agreement by publishing a new, definitive version of the Agreement at https://www.frontdesk.ng/terms 10 (ten) days prior to its effective date. The provisions of the new edition of the User Agreement shall be binding on all previously registered users of the Website.

    3. The User confirms that they have read all provisions of the Agreement, understand and accept them.

    4. The User agrees to use the Service reasonably and in good faith.