Introduction

Welcome to Avmelia Digimart. By accessing or using our services, you agree to be bound by these Terms and Conditions, as well as any additional terms and conditions that are referenced herein or that otherwise may apply to specific sections of the service. These terms govern your use of our software as a service (SaaS) platform, which allows micro and small businesses to subscribe to and manage websites at affordable prices.

Please read these Terms and Conditions carefully. If you do not agree with any part of these terms, you must not use our services.

1. Definitions

1. “Avmelia Digimart”: Refers to the SaaS service we provide, including but not limited to the software platform, website, customer support, and all associated services.
2. “User”: Any individual or entity that accesses, subscribes to, or uses Avmelia Digimart services.
3. “Subscription”: Refers to the periodic plan selected and paid for by the user to access the services provided by Avmelia Digimart.
4. “Service(s)”: All features and functionalities provided by Avmelia Digimart, including the creation, customization, and management of websites.
5. “Content”: All materials, including text, images, logos, graphics, videos, or other media, uploaded or submitted by the user on the website.

2. Eligibility

By using Avmelia Digimart, you represent and warrant that you are at least 18 years of age and have the legal capacity to enter into a binding contract. If you are using our services on behalf of a business or other legal entity, you confirm that you have the authority to bind that entity to these Terms and Conditions.

3. Description of Services

Avmelia Digimart provides users with access to a platform that enables the creation and hosting of one-page websites. Services offered include:

• Access to customizable templates for one-page websites
• Hosting services on servers provided by or managed by Avmelia Digimart
• Integration with third-party services, such as email and social media
• Customer support and maintenance services for active subscribers

4. Subscriptions, Billing and Late Payment Penalties

a. Subscription Plans

• Users may choose from different subscription plans with varying features, pricing, and billing cycles as detailed on our website.
• All subscriptions are billed in advance based on the selected billing cycle (e.g., monthly, annually).

b. Payment Terms

• All payments are non-refundable, except as explicitly stated in these Terms or required by law.
• You authorize Avmelia Digimart to charge the payment method provided for any applicable fees, including recurring subscription fees, taxes, and any other charges associated with your use of the service.
• Late or failed payments may result in suspension or termination of your subscription.

c. Renewal

• Unless otherwise specified, all subscriptions automatically renew at the end of each billing cycle. 
• You may choose not to renew by providing written notice to Avmelia Digimart at least 30 days prior to the end of the current billing cycle.

d. Late Payment Penalties

• If payment is not completed within 15 days after the due date, a late payment fee of NGN 20,000 or $20 (or equivalent in applicable currency) will be added to your account and must be settled with your renewal payment to reactivate or continue services.

5. User Responsibilities

By using Avmelia Digimart, you agree to:

1. Provide Accurate Information: Ensure that all information provided during the registration and subscription process is accurate, complete, and current.

2. Keep Login Credentials Secure: You are responsible for maintaining the confidentiality of your account credentials and are solely responsible for all activities that occur under your account.

3. Use the Service Lawfully: You agree to comply with all applicable laws, regulations, and guidelines while using our services. You must not use the service to host any illegal or unauthorized content, including but not limited to content that is defamatory, obscene, infringing, or otherwise unlawful.

4. Respect Intellectual Property Rights: Do not upload or share content that infringes the intellectual property rights of others. You warrant that you have all necessary rights and permissions for any content uploaded or shared on your website.

6. Content Ownership and License

a. User Content

• You retain ownership of all content you create, upload, or publish on your website. By using Avmelia Digimart, you grant us a non-exclusive, royalty-free, worldwide license to use, host, store, and display your content for the purposes of providing and improving our services.
• Avmelia Digimart reserves the right to remove or disable access to any content that we determine, in our sole discretion, to be unlawful, offensive, or in violation of these Terms and Conditions.

b. Intellectual Property Rights

• All software, code, design elements, and other intellectual property related to Avmelia Digimart are the exclusive property of Avmelia Digimart. Users are granted a limited, non-exclusive, and revocable license to use the services as intended under these Terms.
• Users must not copy, reverse-engineer, or distribute any part of the Avmelia Digimart platform without prior written consent.

7. Domain Ownership and Recovery

Domains purchased or managed by Avmelia Digimart on your behalf remain the property of Avmelia Digimart until all outstanding payments, including late payment fees, are cleared.

If you terminate your subscription and wish to recover your domain:

• Submit a recovery request within 30 days of termination.

• Pay applicable transfer or renewal fees before release. 

• Unclaimed domains after 30 days may be released, retained, or repurposed at our discretion.

8. Termination, Suspension and Data Deletion

Avmelia Digimart reserves the right to terminate or suspend access to our services, with or without notice, for any reason, including but not limited to breach of these Terms and Conditions, non-payment of fees, or unlawful activities.

Non-Renewal and Data Deletion:

If a subscription is not renewed within 60 days of its expiration date, your subscription will be permanently cancelled, and all associated website files, email accounts, and related data will be permanently deleted from our servers without further notice. It is your responsibility to ensure that your subscription remains active if you wish to retain your website and related data.

Upon termination or cancellation, all rights granted to you under these Terms will immediately cease, and you must stop all use of the services under the terminated subscription. However, you may create a new subscription plan at any time, subject to our then-current pricing, policies, and terms of service.

9. Limitation of Liability

To the maximum extent permitted by law, Avmelia Digimart shall not be liable for any indirect, incidental, consequential, or punitive damages, including but not limited to loss of profits, data, or goodwill, arising out of or in connection with your use of the services. 

10. Indemnification

You agree to indemnify, defend, and hold harmless Avmelia Digimart, and their respective affiliates, officers, agents, partners and employees from and against any and all claims, damages, losses, liabilities, costs, and expenses arising from your use of the service or your breach of these Terms and Conditions.

11. Dispute Resolution

Any disputes arising out of or related to these Terms shall be governed by the laws of The Federal Republic of Nigeria. You agree to resolve any claims through binding arbitration, waiving the right to a trial by jury or to participate in a class action.

12. Changes to These Terms and Conditions

We may update these Terms and Conditions from time to time. Changes will be posted on our website with an updated Effective Date. Your continued use of the service after any changes constitute acceptance of the revised terms.

13. Contact Us

For questions regarding these Terms and Conditions, please contact us at:

Avmelia Digimart
contact@avmeliadigimart.com