A. Business Listing and Promotions Terms of Use
TopClass Fisherman Productions provides a collection of online resources, including classified ads, forums, catalogs, and various email services available on or through TopClass Fisherman Productions (referred to hereafter as “the Service”) subject to the following Terms of Use (“TOU”). By using the Service in any way, you are agreeing to comply with the TOU. In addition, when using particular TopClass Fisherman Productions services, you agree to abide by any applicable posted guidelines for all TopClass Fisherman Productions services, which may change from time to time. Should you object to any term or condition of the TOU, any guidelines, or any subsequent modifications thereto or become dissatisfied with the Service in any way, your only recourse is to immediately discontinue use of the Service
1. MODIFICATIONS TO THIS AGREEMENT
We reserve the right, at our sole discretion, to change, modify or otherwise alter these terms and conditions at any time. Such modifications shall become effective immediately upon the posting thereof. You must review this agreement on a regular basis to keep yourself apprised of any changes.
2. ELIGIBILITY FOR USE
TopClass Fisherman Productions reserves some parts of the Service exclusively for professional purchasers, sellers, collectors and resellers of items and accessories who are acceptable to TopClass Fisherman Productions in its sole discretion. Although TopClass Fisherman Productions attempts to limit the use of these parts of the Service to such purchasers, sellers, collectors and resellers of items and accessories, nothing herein shall create any right of action against TopClass Fisherman Productions for failing to adequately screen potential users or prevent the use of TopClass Fisherman Productions or the Service by users who are not professional purchasers, sellers, collectors and resellers of items or accessories.
3. CONTENT
You understand that all advertisements, postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service are the sole responsibility of the person from whom such Content originated. More specifically, you are entirely responsible for each individual item of Content that you post, email or otherwise make available via the Service. Likewise, if you request the assistance of TopClass Fisherman Productions to post content, or if you imply consent that TopClass Fisherman Productions may post content on your behalf, either by written or oral means, or you fail to inform TopClass Fisherman Productions that content should be removed, you are equally responsible for the content. You waive any and all claims against TopClass Fisherman Productions of a right of publicity for your image or likeness throughout the world by posting any information or pictures of yourself on TopClass Fisherman Productions. You understand that TopClass Fisherman Productions does not control, and is not responsible for personal Content made available through the Service, and that by using the Service, you may be exposed to Content that is offensive, indecent, inaccurate, misleading, or otherwise objectionable. When you post User Content to the Service, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the Content on the Service. By posting Content to any part of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such Content for any purpose on or in connection with the Service or the promotion thereof, to prepare derivative works of, or incorporate into other works, such Content, and to grant and authorize sublicenses of the foregoing. Furthermore, TopClass Fisherman Productions and Content available through the Service may contain links to other websites, which are completely independent of TopClass Fisherman Productions. TopClass Fisherman Productions makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Following links to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will TopClass Fisherman Productions be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the Service. You acknowledge that TopClass Fisherman Productions does not pre-screen or approve Content, but that TopClass Fisherman Productions shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the Service, for violating the letter or spirit of the TOU or for any other reason.
4. THIRD PARTY CONTENT, SITES, AND SERVICES
TopClass Fisherman Productions and Content available through the Service may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of TopClass Fisherman Productions, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the Service, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. We do not guarantee the quality, safety or legality of, any Content, the truth or accuracy of the descriptions of any goods or services offered for sale, the right of the sellers to sell or license any such goods or services, or the ability of any buyer to purchase any such goods or services. The Service is designed for experienced buyers accustomed to buying goods and services based on photographs and/or descriptive text. Buyers should assume that any goods offered are not new, unless otherwise stated, nor in perfect condition, and may require touch-up or repairs prior to use and that the available information about the items may be limited. It is not possible for TopClass Fisherman Productions to verify information provided by the seller of any item. You agree that TopClass Fisherman Productions shall not be responsible or liable for any loss or damage of any sort incurred as the result of any dealings between users of the Service. If there is a dispute between users of the Service, or between users and any third party, you understand and agree that TopClass Fisherman Productions is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby forever release TopClass Fisherman Productions, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or our service.
5. NOTIFICATION OF CLAIMS OF INFRINGEMENT
If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please send your notice (“Notice”) to TopClass Fisherman Productions’s agent for notice of claims of copyright or other intellectual property infringement:
by email:
hello@fisherman.ng
Please include the following with your Notice to our Abuse Agent:
1. The identity of the material on TopClass Fisherman Productions that you claim is infringing, in sufficient detail so that we may locate it on the website;
2. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
3. Your address, telephone number, and email address;
4. A statement by you declaring under penalty of perjury that
(i) the above information in your Notice is accurate, and
(ii) that you are the owner of the copyright interest involved or that you are authorized to act on behalf of that owner; and
(iii)Your physical or electronic signature.
6. PRIVACY AND INFORMATION DISCLOSURE
TopClass Fisherman Productions may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, timestamps, and other user information. Your personal information is further governed by TopClass Fisherman Productions’s Privacy Policy.
7. CONDUCT
You agree not to post, email, or otherwise make available Content:
1. that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
2. that is pornographic or depicts a human being engaged in sexual activities or exposing sexual organs unfitting for the Service;
3. that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
4. that suggests a discriminatory preference based on race, color, national origin, religion, sex, familial status or handicap (or violates any state or local law prohibiting discrimination on the basis of these or other characteristics);
5. that violates federal, state, or local equal employment opportunity laws, including but not limited to, stating in any advertisement for employment a preference or requirement based on race, color, religion, sex, national origin, age, or disability;
6. with respect to employers that employ four or more employees, that violates the anti-discrimination provision of the Immigration and Nationality Act, including requiring U.S. citizenship or lawful permanent residency (green card status) as a condition for employment, unless otherwise required in order to comply with law, regulation, executive order, or federal, state, or local government contract;
7. that impersonates any person or entity, including, but not limited to, a TopClass Fisherman Productions employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
8. that includes personal or identifying information about another person without that person’s explicit consent;
9. that is fraudulent, false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”;
10. that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
10. that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
11. that constitutes or contains any form of advertising or solicitation if: posted in areas of TopClass Fisherman Productions which are not designated for such purposes;
12. or emailed to TopClass Fisherman Productions users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests. that includes links to commercial services or web sites, except as specifically permitted;
13. that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law;
13. that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
14. that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the Service, or that otherwise negatively affects other users’ ability to use the Service;
15. -or that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the Service.
Additionally, you agree not to:
a. contact anyone who has asked not to be contacted;
b. “stalk” or otherwise harass anyone;
c. collect personal data about other users for commercial or unlawful purposes;
d. use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the Service – unless expressly permitted by TopClass Fisherman Productions;
e. post irrelevant Content, repeatedly post the same or similar Content or otherwise impose an
unreasonable or disproportionately large load on our infrastructure;
f. post the same item or service in more than one classified category or forum;
g. attempt to gain unauthorized access to TopClass Fisherman Productions’s computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Service or TopClass Fisherman Productions;
h. or use any form of automated device or computer program that enables the submission of Content on TopClass Fisherman Productions without such Content being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit Content in bulk, or for automatic submission of Content at regular intervals.
8. POSTING AGENTS
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the Service on behalf of others. To moderate demands on TopClass Fisherman Productions’s resources, you may not use a Posting Agent to post Content to the Service without express permission or license from TopClass Fisherman Productions. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the Service to facilitate posting Content on behalf of others, except with express permission or license from TopClass Fisherman Productions.
9. NO SPAM POLICY
You understand and agree that sending unsolicited email advertisements to TopClass Fisherman Productions email addresses or through TopClass Fisherman Productions computer systems is expressly prohibited by these TOU. Any unauthorized use of TopClass Fisherman Productions computer systems is a violation of the TOU and certain federal and state laws, including without limitation the Computer Fraud and Abuse Act (18 U.S.C. § 1030 et seq.). Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. PAID POSTINGS
We may charge a fee to post Content in some areas of the Service. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the Service is responsible for said Content and compliance with the TOU. All fees paid will be non-refundable in the event that Content is removed from the Service for violating the TOU. Fees collected for specific services, such as subscription services and advertising, are non-refundable unless otherwise stated in writing for a specific promotional program.
11. LIMITATIONS ON SERVICE
ou acknowledge that TopClass Fisherman Productions may establish limits concerning use of the Service, including the maximum number of days that Content will be retained by the Service, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the Service, and the frequency with which you may access the Service. You agree that TopClass Fisherman Productions has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the Service. You acknowledge that TopClass Fisherman Productions reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, and that TopClass Fisherman Productions shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. ACCESS TO THE SERVICE
TopClass Fisherman Productions grants you a limited, revocable, nonexclusive license to access the Service for your own personal use. This license does not include:
(a) access to the Service by Posting Agents; or
(b) any collection, aggregation, copying, duplication, display or derivative use of the Service nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by TopClass Fisherman Productions.
A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the Service, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as decorative goods or furniture, or which is in the business of providing classified ad listing services.
TopClass Fisherman Productions does not permit you to display on your website, or create a hyperlink on your website to, individual postings on the Service, absent express permission granted by TopClass Fisherman Productions to do so. You may create a hyperlink to the home page of TopClass Fisherman Productions, so long as the link does not portray TopClass Fisherman Productions, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter.<>br
TopClass Fisherman Productions may offer various parts of the Service in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. TopClass Fisherman Productions permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that
(a) your use of the RSS feed is for personal, non-commercial purposes only,
(b) each title is correctly linked back to the original post on the Service and redirects the user to the post when the user clicks on it,
(c) you provide, adjacent to the RSS feed, proper attribution to “TopClass Fisherman Productions” as the source,
(d) your use or display does not suggest that TopClass Fisherman Productions promotes or endorses any third party causes, ideas, web sites, products or services,
(e) you do not redistribute the RSS feed, and
(f) your use does not overburden TopClass Fisherman Productions’s systems. TopClass Fisherman Productions reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time.
Use of the Service beyond the scope of authorized access granted to you by TopClass Fisherman Productions immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the Service or any Content made available via the Service for other purposes (including commercial purposes) not stated herein, you must first obtain a written license from TopClass Fisherman Productions that has been signed by one of TopClass Fisherman Productions’s authorized representatives.
13. TERMINATION OF USE
You agree that TopClass Fisherman Productions, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if TopClass Fisherman Productions believes that you have acted inconsistently with the letter or spirit of the TOU. Further, you agree that TopClass Fisherman Productions shall not be liable to you or any third-party for any termination of your access to the Service. Further, you agree not to attempt to use the Service after said termination. Sections 2-7 and 13-20 shall survive termination of the TOU.
14. PROPRIETARY RIGHTS
The Service is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the Service is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of TopClass Fisherman Productions. You further agree not to reproduce, duplicate or copy Content from the Service without the express written consent of TopClass Fisherman Productions, and agree to abide by any and all copyright notices displayed on the Service. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the Service. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the Service. TopClass Fisherman Productions, as well as certain other of the names, logos, and materials displayed on TopClass Fisherman Productions, constitute trademarks, trade names, service marks or logos (“Marks”) of TopClass Fisherman Productions or other entities. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associate therewith remains with TopClass Fisherman Productions or those other entities.
Although TopClass Fisherman Productions does not claim ownership of content that its users post, by posting Content to any public area of the Service, you automatically grant, and you represent and warrant that you have the right to grant, to TopClass Fisherman Productions an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the Service, you automatically grant TopClass Fisherman Productions all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the Service by any party for any purpose.
15. DISCLAIMER OF WARRANTIES
YOU AGREE THAT USE OF TopClass Fisherman Productions AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. TopClass Fisherman Productions AND THE SERVICE ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, TopClass Fisherman Productions DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF TopClass Fisherman Productions AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, TopClass Fisherman Productions DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON TopClass Fisherman Productions OR THE SERVICE, OR ACCESSED THROUGH ANY LINKS ON TopClass Fisherman Productions OR THE SERVICE, INCLUDING WITHOUT LIMITATION, WARRANTY OF TITLE TO OR DELIVERY OF ANY GOOD OR SERVICE, ANY WARRANTY WITH RESPECT TO INTELLECTUAL PROPERTY RIGHTS IN ANY GOOD OR SERVICE, ANY WARRANTY THAT ANY GOOD OR SERVICE CONFORMS TO ITS DESCRIPTION OR THE COLORS, TEXTURE AND DETAIL SHOWN ON THE USER’S COMPUTER MONITOR. TO THE FULLEST EXTENT PERMITTED BY LAW, TopClass Fisherman Productions DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH TopClass Fisherman Productions OR THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TopClass Fisherman Productions, TopClass Fisherman Productions OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL TopClass Fisherman Productions BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF TopClass Fisherman Productions HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF TopClass Fisherman Productions OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF TopClass Fisherman Productions OR THE SERVICE, FROM INABILITY TO USE TopClass Fisherman Productions OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF TopClass Fisherman Productions OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH TopClass Fisherman Productions OR THE SERVICE OR ANY LINKS ON TopClass Fisherman Productions OR THE SERVICE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH TopClass Fisherman Productions OR THE SERVICE OR ANY LINKS ON TopClass Fisherman Productions. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
17. INDEMNITY
You agree to indemnify and hold TopClass Fisherman Productions, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Service, your use of the Service, your violation of the TOU, your breach of any of the representations and warranties herein, or your violation of any rights of another.
18. GENERAL INFORMATION
The TOU, and any additional terms to which you agree when using particular elements of the Service, constitutes the entire agreement between you and TopClass Fisherman Productions and governs your use of the Service, superseding any prior agreement between you and TopClass Fisherman Productions. The failure of TopClass Fisherman Productions to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.
19. VIOLATION OF TERMS AND LIQUIDATED DAMAGES
Please report any violations of the TOU by sending an email to hello@fisherman.ng .
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
You understand and agree that, because damages are often difficult to quantify, if it becomes necessary for TopClass Fisherman Productions to pursue legal action to enforce the TOU, you will be liable to pay TopClass Fisherman Productions the following amounts as liquidated damages, which you accept as reasonable estimates of TopClass Fisherman Productions’s damages for the specified breaches of the TOU:
If you post a message that (i) impersonates any person or entity; (ii) falsely states or otherwise misrepresents your affiliation with a person or entity; or (iii) that includes personal or identifying information about another person without that person’s explicit consent, you agree to pay TopClass Fisherman Productions one thousand dollars ($1,000) for each such message. This provision does not apply to messages that are lawful non-deceptive parodies of public figures.
If TopClass Fisherman Productions establishes limits on the frequency with which you may access the Service, or terminates your access to or use of the Service, you agree to pay TopClass Fisherman Productions one hundred dollars ($100) for each message posted in excess of such limits or for each day on which you access TopClass Fisherman Productions in excess of such limits, whichever is higher.
If you send unsolicited email advertisements to TopClass Fisherman Productions email addresses or through TopClass Fisherman Productions computer systems, you agree to pay TopClass Fisherman Productions twenty five dollars ($25) for each such email.
If you post Content in violation of the TOU, other than as described above, you agree to pay TopClass Fisherman Productions one hundred dollars ($100) for each item of Content posted. In its sole discretion, TopClass Fisherman Productions may elect to issue a warning before assessing damages.
If you are a Posting Agent that uses the Service in violation of the TOU, in addition to any liquidated damages under clause (d), you agree to pay TopClass Fisherman Productions one hundred dollars ($100) for each and every item of Content posted in violation of the TOU. A Posting Agent will also be deemed an agent of the party engaging the Posting Agent to access the Service (the “Principal”), and the Principal (by engaging the Posting Agent in violation of the TOU) agrees to pay TopClass Fisherman Productions an additional one hundred dollars ($100) for each item of Content posted by the Posting Agent on behalf of the principal in violation of the TOU.
If you aggregate, display, copy, duplicate, reproduce, or otherwise exploit for any purpose any Content (except for your own Content) in violation of the TOU without TopClass Fisherman Productions’s express written permission, you agree to pay TopClass Fisherman Productions three thousand dollars ($3,000) for each day on which you engage in such conduct.
Notwithstanding any other provision of the TOU, TopClass Fisherman Productions retains the right to seek the remedy of specific performance of any term contained in the TOU, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in the TOU, or to seek to recover damages arising from or relating to a violation of this TOU or any combination thereof.
20. FEEDBACK
We welcome your questions and comments. Please send them to support@fisherman.ng
21. TERMS OF USE FOR ALL SERVICES
TopClass Fisherman Productions offers a variety of online programs (the “Programs”) as a convenience to its participating professionals and persons interested in engaging a professional (the “Consumer”) to perform or receive services (“Services”) or information about such Services.
As a condition to your use of the Programs and as material inducement on the part of TopClass Fisherman Productions and its Affiliates to offer the Programs, you expressly acknowledge and agree that:
Use of the Programs are at your sole risk. TopClass Fisherman Productions and its Affiliates expressly disclaim any and all warranties of any kind, express or implied arising out of or relating to:
For Consumers:
a) the Programs
b) the Professional
c) the Services to be performed by any Professional.
a) your use of the Programs
b) the engagement by you of any Professional
c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the Professional’s agents, vendors, consultants and the like
d) any other matter relating to the Programs.
- In no event will TopClass Fisherman Productions’s liability to you for any reason whatsoever exceed in the aggregate the sum of $25.00.
- TopClass Fisherman Productions and its Affiliates do not provide, nor will they provide, any service to or for you, nor is TopClass Fisherman Productions and its Affiliates a party to any agreement which you may enter into with a Professional. If you engage the services of any Professional, all arrangements in such regard are solely between you and the concerned Professional.
- If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
For Professionals:
a) the Programs
b) the Consumers
c) the agreement between you and the Consumer.
TopClass Fisherman Productions, its Officers, Directors, Members and Employees, as well as TopClass Fisherman Productions Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner to:
a) your use of the Programs
b) the engagement of you by any Consumer
c) any acts, negligence, breach of contract or other conduct engaged in by you or by any of the your or the Consumer’s agents, vendors, consultants and the like
d) any other matter relating to the Programs.
i. In no event will TopClass Fisherman Productions' liability to you for any reason whatsoever exceed in the aggregate the sum of $25.
ii. TopClass Fisherman Productions and its Affiliates are not a party to any agreement which you may enter into with a Consumer. If you are engaged by a Consumer, all arrangements in such regard are solely between you and the concerned Consumer.
iii. If any of the above Terms of Use are found by a court of competent jurisdiction to be invalid, all of the other provisions of the Terms of Use shall remain in full force and effect.
Questions about our services programs may be directed to: support@fisherman.ng
TopClass Fisherman Productions, its Officers, Directors, Members and Employees, as well as TopClass Fisherman Productions Affiliates, shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages or other losses resulting from or relating in any manner
22. BRAND AGREEMENT
Legal Disclaimer: By logging in to your TopClass Fisherman Productions account, you are agreeing to the terms below and you are stating that you have the authority to represent the manufacturer’s products, pricing, and copyrighted material online. If you do not agree to the terms, or if you do not have the legal right to represent this brand relative to the terms below, please do not login to the account.
1. Parties: This “Agreement” between “I” or “me” or the “Company” and TopClass Fisherman Productions. (“TopClass Fisherman Productions”, together with me, “we” or the “parties”) governs the relationship between the parties. The parties agree to conduct this transaction and permit the creation of this Agreement by electronic means.
2. Content: I hereby license to TopClass Fisherman Productions the use of the images (including logo, products, installation photos, etc.), product catalog, and related data, such as and including product pricing, that I provide or have placed on my website (such images, product catalog, related data, the “Content”) for display on TopClass Fisherman Productions and “Affiliated Sites,” including related websites, social media websites, picture hosting websites, and all other website TopClass Fisherman Productions at its sole discretion believes will provide beneficial exposure to me, and for use in emails, quote requests and promotional materials. I may make suggestions for the best way to showcase my products or display the Content at any time, but TopClass Fisherman Productions retains full discretion regarding what Content (if any) to display, how, and where. I represent and warrant that I have obtained all rights in the Content necessary for TopClass Fisherman Productions to exercise the rights granted hereunder, that the Content is accurate and representative of my products, and that I will update my TopClass Fisherman Productions account with any updates to the Content necessary to keep such Content accurate and representative of my products. TopClass Fisherman Productions and Affiliated Sites are not responsible for any damages associated with the Content or its interpretation.
3. Fees:
Membership: Price as stated on TopClass Fisherman Productions at the time of purchase of the membership. Price remains locked in as long as membership is kept current. All payments are paid upfront at the beginning of the 30 day billing cycle. All yearly payments are paid upfront at the beginning of the 365 day billing cycle. Payments are automatically deducted from the account on file each billing cycle, unless I cancel my account.
4. Length of Contract: This Agreement is valid up to and until I cancel my account.
5. Billing: In the event that a payment is due on my Membership, but my credit card on file in no longer valid or active, TopClass Fisherman Productions may attempt to contact me to determine updated account information. TopClass Fisherman Productions will wait thirty (30) days before canceling my membership.
6. Termination: I may request termination of this agreement at any time. Termination will take effect upon the end of the last day of my billing cycle. TopClass Fisherman Productions may terminate this agreement at will. In the event TopClass Fisherman Productions terminates this agreement early, and I am not in violation of any term of this Agreement, I will receive a prorated reimbursement for the portion of the billing cycle remaining.
B. Domain Registration Terms of Service
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related services ("Services"). In this Agreement "you" and "your" refer to you and the registrant associated with the WHOIS contact information for the domain name. "We", "us" and "our" refers to TopClass Fisherman Productions.
1. YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement, the UDRP (defined below) and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), any registry, or governments.
2. CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we will notify you of such changes by, for example, sending email to you at your email address of record, or by posting the changes on our web site. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are
(a) to transfer your domain name registration services to another registrar, or
(b) to cancel your domain name registration services with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you:
(1) 30 days after we notify you of the change, or
(2) immediately if such change is a result of a new or amended ICANN policy or applicable law.
3. YOUR ACCOUNT: You must create an account to use the Services ("Account"). You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.
a. ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
i. You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). You must maintain and update this information as needed to keep it current, complete and accurate. You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Services: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8 of the 2013 ICANN RAA. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services and you must update any such information within seven (7) days of change.
ii. You may provide information regarding the name-servers assigned to your domain name(s). If you do not provide complete name-server information, we reserve the right to supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information. Any newly registered domain names will default to using our name-servers which will load our default parking page, however, you have the ability to provide new name-server information by logging into your account.
Renewal Notices: The domain registrant will receive a first notification to the registrant's email address approximately one month prior to the expiration date of a domain, informing about the pending renewals and expiration date. Approximately one week prior to the expiration date, the registrant will receive a second notice to the registrant's email address.
Renewal and Restore Fees: fees applying to domain renewals or restorations are available at https://web.fisherman.com.ng/domain_prices.php.
Domain Name Autorenewal
TopClass Fisherman Productions now offers an auto-renew feature to all our registrants. With this feature, your orders renew automatically using the balance in your debit account or credit card details that you have chosen to save on our system. If at all there is no sufficient balance in your or your registration service provider's account, we will send an email to you for manual renewal.
In order to ensure that you do not experience an interruption or loss of services, all domain registration orders may be set to Auto-Renewal by default.
In order to perform auto-renewal, you have to authorize the Parent to capture and store your Debit/Credit Card information when you are registering, renewing, or transferring your domain name.
Auto-renewal will be performed for a 1-year registration extension.
For renewing the domain name, you will be charged the Parent’s then-current rates, which you acknowledge and agree, may be higher or lower than the rates for the original service period.
You can disable the Auto-Renewal feature at any time.
Domain Name Deletion
If we are unable to secure payment on or before the domain renewal date, your domain name will expire.
As early as one day after expiration, your domain name will be deactivated and might display a parking page indicating the domain name has expired, and other services you have associated with the domain name may no longer function.
As early as 30 days after expiration, your domain name may be purchased by a third party. If a third party purchases the domain name during this time, the domain name will not be available for you to renew.
If the domain name has not been renewed by you or purchased by a third party, an expired domain name enters the registry redemption period (as defined by each registry) approximately 40 days following expiration. Certain TLDs enter the registry redemption period sooner than 40 days and those details are available here. We reserve the right to charge you a redemption fee (in addition to the renewal fee) in the event you are able to renew your domain name during this period. The fee charged for redemption varies by TLD and may be found here.
If the domain name completes the registry redemption period, the registry may hold the domain name for a period of five days before releasing it again for general registration
TRANSFER OF DOMAIN NAME
a. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
b. We may place a "Registrar Lock" on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.
c. You may cancel incoming transfer requests at any time before they are completed up to 59 calendar days from the initial transfer order. Canceling a transfer request will entitle you to a refund of the transfer cost, minus processing fees. YOU WILL NOT BE ENTITLED TO A REFUND IF YOU CANCEL YOUR TRANSFER REQUEST AFTER THE 59 DAY TIME LIMIT.
d. In the event we receive a request from a different registrar to transfer your domain away, you may be presented with an option to approve the transfer without waiting the standard 5-7 days for registry release. Any such approval grants us the right to approve the transfer immediately. We also reserve the right to approve outbound transfers at any time during the transfer process. In the event either you or we approve an outbound transfer, the transfer will complete within 15 minutes.
e. Certain transfers may not be eligible for the 1-year extension associated with most transfers. For example, domains renewed within 45 days of transfer or domains already registered for more than 9 years will not get extended by a year upon transfer completion. Registries apply the extra year, registrars do not. Therefore, if the registry is unable to extend the expiration by a year, then one year will not be added to your domain transfer.
Whois Email Verification
As a requirement by ICANN, we need to verify Registrant contact information used in WHOIS.
How do I know if I need to verify my email address?
You will receive a verification email from us, once you follow the instructions stated in the email, your email address will be verified
When does TopClass Fisherman perform WHOIS verification?
Our system will email the email address used as the Registrant contact role for all domains immediately upon registration or transfer completion of a domain. Also, removing WHOIS Privacy or updating the contact information used for the Registrant of a domain will trigger verification. We may also re-verify your email address if it has either been brought to our attention or we believe that your email address is no longer valid.
The triggers listed above apply only to email addresses that have not been previously verified for the account holder.
How does WHOIS verification work?
Our system will send an email containing 2 different options for verifying the address (only one is required to be completed):
- A clickable link
- A web site address to visit where the email address and a code supplied in the email verification request may be entered.
What happens if I do not verify my email address?
Registrars are required to deactivate any domains for which email verification has not been completed within 15 days of initial notification. Deactivation entails placing the domain on clientHold status which entirely disables the domain including web site, email and any other services used by the domain.
How often are reminder emails sent if I do not verify the first email verification request?
Our system will send reminders every 4 days to the Registrant email address up until the 15th day. Also, if the Registrant email address does not match the email address of the account holder, then the account holder will receive a reminder every 3 days.
What if my email address is marked as undeliverable?
Our system will place an alert icon in the "Status" column for any email addresses that we have internally marked as undeliverable. If you see that icon you will not be able to re-send the email verification for that email address. You can however trigger our system to send a test message to the email address in question. If that mail is successfully delivered then it will be unblocked and you will be able to then re-send the verification email.
How long does it take to reactivate my domains after verification?
Any domains deactivated as a result of not verifying an email address happens immediately after verification is completed.
How am I going to get verification emails ?
The email verifications use the same system as other system-based notifications (such as transfer approval requests, WDRP notices, etc.). More specifically, our system will send notifications to you with links on how you can get verified
C. Web Development Terms of Service
This Website Design And Development Terms Of Service (“The Terms Of Service”) Is Entered Into By And Between TopClass Fisherman Productions (Hereinafter Referred To As “The Company”, “We”, “Us”, “Our”) And The Client Who Orders TopClass Fisherman Productions Services (Hereinafter Referred To As “The Client”, “You”, “Your”)
By Placing An Order With TopClass Fisherman Productions For Website Design And Development Services, You Confirm That You Are In Agreement With And Bound By The Terms And Conditions Below.
Definitions
“Terms And Conditions”: These Are The Standard Terms And Conditions For Website Design And Development And Apply To All Contracts And All Design Works Undertaken By TopClass Fisherman Productions For Its Clients.
“The Client”: The Company Or Individual Requesting The Services Of TopClass Fisherman Productions.”
: A Digital Marketing and Ecommerce Company
OUR FEES
You Are Expected To Pay The Full Amount For Your Website Design Before We Commence The Development Of Your Website. We Reserve The Right Not To Commence Any Work Until We Receive The Full Payment For Your Service Except Agreed Otherwise.
SUPPLY OF MATERIALS
You Must Supply Everything We Need To Complete The Project On Your Behalf Including The Format We Need To Complete The Work In Accordance With Any Agreed Specification. Some Of The Materials To Be Supplied By You May Include But Are Not Limited To Images, Content, Logos, And Other Printed Material You Would Like To Incorporate Into Your Website Design. In The Event You Delay In Supplying These Materials To Us, Which Could Eventually Lead To A Delay In The Completion Of Work, We Reserve The Right To Extend Any Previously Agreed Deadlines By A Reasonable Amount Of Time.
Where You Fail To Supply Materials Required To Build Your Website, And It Prevents The Progress Of The Work Leading To A Stoppage Of The Work At Hand, We Reserve The Right To Invoice You For Any Part Or Parts Of The Work Already Completed.
VARIATIONS
We Are Pleased To Offer You The Opportunity To Make Revisions To The Design. However, We Have The Right To Limit The Number Of Your Design Proposals To A Reasonable Amount And TopClass Fisherman Productions At Its Discretion May Charge For Additional Designs If You Make A Change To The Original Design Specification After Approval Has Been Given.
Our Website Development Phase Is Flexible And Allows Certain Variations To The Original Specification. However, Any Major Change From The Specification Will Be Charged At An Additional Cost. A Minor Change Is Anything That Has To Do With Adjusting Of Size, Change Of Placement, Moving Of Components, Color Change, Image Replacement, Or Text Change. A Major Change Is An Addition Of A New Feature Which Has Been Agreed To By TopClass Fisherman Productions E.G. New Shipping Option, New Payment Option. This Does Not However Mean Upgrades Of Unlimited Complexity But Within The Measurable Framework Of The Existing Content Management System.
PROJECT CLAUSES (Please Read Through This Carefully)
PROJECT DELAYS AND CLIENT LIABILITY
Any Time Frames Or Estimates That We Give Are Contingent Upon Your Full Cooperation, And Submission Of Complete And Final Content For The Website Pages. During Development, There Is A Certain Amount Of Feedback Required In Order To Progress To Subsequent Phases. We Require That You Appoint And Make Available On A Daily Basis, A Single Point Of Contact In Order To Expedite The Feedback Process.
APPROVAL OF WORK
During The Design And Development Phase And Upon Completion Of The Work, You Will Be Notified And Given The Opportunity To Review The Appearance And Content Of The Website. Upon Completion Of The Project, You Must Notify Us Via Mail Of Any Unsatisfactory Points Within Seven(7) Days Of Such Notification.
Any Of The Work Which Has Not Been Reported In Writing To Us As Unsatisfactory Within The 7-Day Review Period Will Be Deemed To Have Been Accepted Or Approved. Once Deemed Approved Or Accepted, Work Cannot Subsequently Be Rejected And The Contract Will Be Deemed To Have Been Completed And Moved Live.
REJECTED WORK
If You Reject Any Of Our Work Within The 7-Day Review Period Or Not Approve Subsequent Work Performed By Us To Remedy Any Points Recorded As Being Unsatisfactory, And We, Acting Reasonably Consider That You Have Been Illogical/Irrational In The Decision, We Can Elect To Treat This Contract As Terminated And Take Measures To Recover Payment For The Completed Work.
PAYMENT
Payment Will Be Received In Full Before Work Commences And Invoices Will Be Received Via The Contact Email Address.
WARRANTY BY YOU AS TO OWNERSHIP OF INTELLECTUAL PROPERTY RIGHTS
You Must Obtain All Necessary Permissions And Authorities In Respect Of The Use Of All Graphic Images, Registered Company Logos, Names, And Trademarks, Or Any Other Material That You Supply To Us To Include In Your Website Or Web Applications.
You Must Indemnify Us And Hold Us Harmless From Any Claims Or Legal Actions Related To The Content Of Your Website.
LICENSING
Once You Have Paid Us In Full For Our Work We Grant You A License To Use The Website And Its Related Software And Contents For The Life Of The Website.
SEARCH ENGINES
We Do Not Guarantee Any Specific Position In Search Engine Results For Your Website. We Perform Basic Search Engine Optimization Integration According To Current Best Practices.
OWNERSHIP TRANSFER
Upon Completion Of The Project, And Payment, The Client Shall Own The Website Subject To The Following Terms And Conditions:
All Original Artwork, Content, Etc. Provided To The Company By You For Inclusion In The Website Shall Remain Your Exclusive Property, Regardless Of Whether Or Not Such Content Was Actually Used In The Website;
All Photography, Graphics, And Design Created By The Company In The Creation Of Your Website Shall On Full Payment, Transfer To You As Your Property; And
SUBCONTRACTING
We Reserve The Right To Subcontract Any Services That We Have Agreed To Perform For You As We See Fit.
ADDITIONAL EXPENSES
You Agree To Reimburse Us For Any Requested Expenses Which Do Not Form Part Of Our Proposal Including But Not Limited To The Purchase Of Templates, Third-Party Software, Stock Photographs, Fonts, Domain Name Registration, Web Hosting, Or Comparable Expenses.
BACKUPS
You Are Responsible For Maintaining Your Own Backups With Respect To Your Website And We Will Not Be Liable For Any Loss In Client Data Or Client Websites Except To The Extent That Such Data Loss Arises Out Of A Negligent Act Or Omission By Us. Visit This Link For More Information About Our Backup Policy.
OWNERSHIP OF DOMAIN NAMES AND WEB HOSTING
We Will Supply Your Account Credentials For Domain Name Registration And/Or Web Hosting If Purchased From TopClass Fisherman Productions.
CROSS-BROWSER COMPATIBILITY
By Using Current Versions Of Well-Supported Content Management Systems, We Endeavor To Ensure That The Websites We Create Are Compatible With All Current Modern Web Browsers Such As The Most Recent Versions Of Microsoft Edge, Internet Explorer, Firefox, Google Chrome, And Safari. Third-Party Extensions, Where Used, May Not Have The Same Level Of Support For All Browsers. Where Appropriate We Will Substitute Alternative Extensions Or Implement Other Solutions, On A Best-Effort Basis, Where Any Incompatibilities Are Found.
E-COMMERCE
You Are Responsible For Complying With All Relevant Laws Relating To E-Commerce, And To The Full Extent Permitted By Law Will Hold Harmless, Protect, And Defend And Indemnify TopClass Fisherman Productions And Its Subcontractors From Any Claim, Penalty, Tax, Tariff Loss, Or Damage Arising From Your Or Your Clients' Use Of Internet Electronic Commerce.
PROJECT TIMELINESS REQUIREMENTS FOR CLIENTS
Projects Can Be Hindered If You Do Not Provide Feedback Or Required Elements In A Timely Manner, Such As Feedback On A Design Mockup, Requested Sitemaps, Text To Be Used As Content On The Web Pages, Photos For Either The Design Or For The Content, The Client's Logo, Appropriate Account Login Information, Etc. For That Reason, If TopClass Fisherman Productions's Web Design Team Is Waiting For Content Or Other Pieces Of Information, The Client Will Be Notified.
If You Fail To Handle The Requests Within 3-5 Business Days, The Project Timeline Will Be Moved Forward. However, If You Fail To Handle The Requests Within Ten Business Days, The Project Will Be Frozen And You Will Be Required To Pay An Additional Fee To Resume The Project.
DISCOUNTS
Logos: This Is Created At A Discounted Rate Only For Clients Who Have Also Subscribed To Our Website Development Service.
Branding: This Discount Applies To Clients Who Agree To Brand Their Websites With Our Business Name By Way Of Permitting Our Business Name And URL To Be On Their Website.
TERMINATION OF SERVICES
This Service Shall Be Terminated With/Without Notice If We Do Not Get A Response From You Regarding Your Website Development Within Six (6) Months.
If You Wish To Terminate This Service During The Course Of The Initial Web Design Or Development Phase, Kindly Notify The Web Design Team Via Webdesign@Fisherman.Ng Stating Your Reasons For Termination.
LIMITATION OF LIABILITY
In No Event Shall The Liability Of The Company For Any Error Made In The Performance Of The Obligations Under These Terms Of Service Exceed The Fees For Such Services Paid To The Company By The Client. The Company Shall Not Be Liable To The Client Or To Any End-User For Any Damages Including, Without Limitation, Consequential Damages, Lost Profits, Or Any Special Damages, Whether Incurred By The Client Or End-User.
DISCLAIMER
TOPCLASS FISHERMAN DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEB PAGES OR THE WEBSITE WILL MEET THE CLIENT’S REQUIREMENTS OR THAT THE OPERATION OF THE WEB PAGES WILL BE UNINTERRUPTED OR ERROR-FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB PAGES AND WEBSITE SHALL BE ON THE CLIENT. EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, WHOGOHOST PROVIDES ITS SERVICES “AS IS'' AND WITHOUT WARRANTY OF ANY KIND. THE PARTIES AGREE THAT (A) THE LIMITED WARRANTIES SET FORTH IN THIS SECTION ARE THE SOLE AND EXCLUSIVE WARRANTIES PROVIDED BY EACH PARTY, AND (B) EACH PARTY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, RELATING TO THIS AGREEMENT, PERFORMANCE OR INABILITY TO PERFORM UNDER THIS AGREEMENT, THE CONTENT, AND EACH PARTY’S COMPUTING AND DISTRIBUTION SYSTEM. IF ANY PROVISION OF THIS AGREEMENT SHALL BE UNLAWFUL, VOID, OR FOR ANY REASON UNENFORCEABLE, THEN THAT PROVISION SHALL BE DEEMED SEVERABLE FROM THIS AGREEMENT AND SHALL NOT AFFECT THE VALIDITY AND ENFORCEABILITY OF ANY REMAINING PROVISIONS.
GOVERNING LAW AND DISPUTE RESOLUTION
This Agreement Is Constituted By These Terms And Conditions And Any Proposal Will Be Construed According To And Is Governed By The Laws Of The Federal Republic Of Nigeria. In The Event Of A Dispute Between The Company And Client With Respect To Any Issue Arising Out Of Or Relating To This Agreement In Any Manner, Including But Not Limited To The Breach Thereof, Parties Shall Endeavor To Resolve Such Dispute Amicably Between Themselves Within Thirty (30) Days, Failing Which Resolution Of Such Dispute Shall Be Determined By Arbitration. Such Arbitration Shall Be Conducted Before An Arbitrator Chosen As Follows: Either The Company And Client Shall Agree On A Mutually Acceptable Arbitrator, Or The Company Shall Select One Arbitrator And Client Shall Select One Arbitrator, And These Two Arbitrators Shall Choose A Third Arbitrator Who Will Act As Arbitrator Hereunder. The Arbitrator’s Decision Shall Be Final And Binding Upon All Parties Concerned. Such Decisions Shall Be Rendered Within Thirty (30) Days Of The Closing Of The Hearing Record. The Arbitration Proceedings Conducted Hereunder Shall Be Conducted In English Language And In Lagos, Nigeria, And Each Party Shall Bear Its Own Costs. The Arbitration Shall Be Conducted In Accordance With The Rules And Provisions Of The Arbitration And Conciliation Act Cap A18, Laws Of The Federal Republic Of Nigeria 2004. Judgment Upon The Award Rendered By The Arbitrator(S) Shall Be Entered In Any Court Of Competent Jurisdiction
E. Refund Policy
TopClass Fisherman Productions will process all refund requests in line with this Refund Policy.
Note that TopClass Fisherman Productions may vary this Refund Policy at any time. If we vary this Refund Policy, we will provide notice by publishing the varied Refund Policy on our Website. You accept that by doing this, TopClass Fisherman Productions has provided you with sufficient notice of the variation to its Refund Policy. Your continued use of our Website will be deemed as acceptance of the varied terms by you.
To request a refund, you must submit a service cancellation request through by sending an email to billing@whogohost.com or opening a support ticket via your TopClass Fisherman Productions client area within the time stipulated in this Refund Policy for the relevant service you wish to cancel.
General Refund Process
a. Service(s) must be cancelled before a refund can be issued
b. You will not be entitled to a refund if your domain name has been flagged as suspicious, is considered to be registered for improper use, or is registered in breach of our Terms of Service.
c. You will not be entitled to a refund if your service is suspended or terminated as a result of a breach of our Terms of Service.
d. You will not be entitled to a refund if your service is downgraded.
e. All eligible refunds will be automatically credited to your client account with TopClass Fisherman Productions, unless you specifically request for a cash refund. Money refunded into your client account can be used at a later date to pay for other products and services. You can view your credit balance by logging into your client account and going to the "Available credit" section on your client area dashboard.
f. If you have requested a cash refund, TopClass Fisherman Productions will only give such a refund where the account details you have provided for the refund are an exact match with that from which we received your payment. In event of any discrepancy in the account details, an eligible refund will only be made into your client account.
g. Requests for cash refunds will be processed and completed within a minimum of 5 days and a maximum of 15 days from the date of request. All cash refund requests are subject to an administrative fee which will be deducted from the amount to be refunded to you. In the event that the amount to be refunded is less than the administrative fee i.e bank charges, you will only be entitled to a refund into your client account.
h. Unless you specifically request a cash refund, purchases made via any online payment gateway processor i.e. Quickteller, Paystack, Rave, PayPal, etc may be refundable via the source of payment and TopClass Fisherman Productions is not responsible for any additional charges imposed by the online payment processing company.
i. On no account will the same product or service be entitled to a refund more than once.
Overpayment
If we become aware that you have overpaid for any product or service, we will automatically credit the amount of that overpayment to your TopClass Fisherman Productions account where you can use it to pay for other products or services at a later date. You will be able to see this credit by logging into your account and going to the Available credit section on your client area dashboard.
If you wish for an overpayment to be refunded to your bank account, you must send a request for a refund to billing@whogohost.com The request must give required details including the invoice number for which the overpayment was made, date of payment, method of payment (including, where applicable, bank details from which payment was made) and amount of overpayment.
Once we have received your request, it will be dealt with in accordance with this Refund Policy.
Web Hosting
Annual shared hosting and reseller hosting purchases must be cancelled within 30 days of purchase to be eligible for a refund.
Cancellation requests for monthly, quarterly, and semi-annual web hosting plans must be made within 72 hours of purchase to be eligible for a refund.
The money-back guarantee does not apply to most add-on products, such as domains, given the unique nature of their costs.
Web Hosting with Domain Registration
If you have purchased an annual web hosting package with free domain registration, you may cancel your purchase and request a refund within the 30 days from the date of purchase. Please note that domain registrations are not covered under this money-back guarantee and are non-refundable therefore, the market value cost of the domain registration in your web hosting package will be deducted from the amount to be refunded to you.
SSL Certificates
Comodo & Certum SSL Certificates which have been issued must be cancelled within 5 days of purchase to be eligible for a refund.
For certificates that have been purchased but not yet issued, it can be cancelled and refunded only if you request cancellation within 30 days from the purchase date.
If the cancellation/refund request for an issued or non-issued certificate is submitted after the stipulated grace periods are over, the refund will not be honoured.
Non-Refundable Products and Services
The following products and services are non-refundable once purchased:
Virtual Servers
Domain registrations, transfers & renewals
Cloud hosting
Local servers
SiteLock
CodeGuard
SpamExperts email filter
MarketGoo
Bizgrowth Projects
Website Projects
Site Builder
Google Workspace
Microsoft 365
Email Hosting
cPanel Cloud Hosting
Despite domain names being non-refundable, there is one exception. In the case of an unsuccessful attempt to either register or transfer a domain name, the fees will be automatically credited into your client account.
Refunds for services that have not yet been installed or set up after one month of purchase will be automatically credited into your client account and this may be used to either repurchase the same service or other services.
Payments Issues
If you mistakenly made any payment in error (e.g. Double payment for an invoice, enabling of automated payment, wrong transfer of funds, debited more than once on a transaction, etc) we will automatically credit the amount of that overpayment to your TopClass Fisherman Productions client account where you can use it to pay for other products or services at a later date. You will be able to see this credit by logging into your account and going to the "Available credit" section on your client area dashboard.
If you wish for this payment made in error to be refunded you must send a request for a refund to billing@fisherman.ng. The request must give required details including date of payment, method of payment (including, where applicable, bank details from which payment was made or transaction ID for online payment), invoice number where applicable, and amount of payment.
If you have an issue with online payments or other payment charges, you should contact us regarding the issue before you contact your bank or the payment processing company(e.g. Quickteller, Paypal, Paystack, Rave, etc) to request a chargeback or reversal of the charges.
Once we have received your request, it will be dealt with in accordance with this Refund Policy.
How to Cancel your Web Hosting Account
Cancel your account by following the steps below:
Login to your client area and click on the Services->My Services
Click on the View Details button beside the service you would like to cancel
Click on the Management Actions tab and then click on the Request Cancellation link
You will receive an automatic reply confirming we have your request.
Wait for a separate cancellation confirmation email(up to 48 hours later).
Reply back to the cancellation confirmation email and ask for your refund.
You must get written confirmation from TopClass Fisherman Productions stating the amount of your refund and requesting your account details.
Please allow up to 15 days for your account to be refunded.
