Please read all of the Agreement carefully before registering on Scaleit.ng. If You have any questions, please contact us prior to agreeing.
Each party hereby represents and warrants to the other party that:
Account Holder’s listing is in violation of this section. Scaleit further represents and warrants that the Service does not infringe the copyright, trademark or any other intellectual property rights of any third party.
Under no circumstances, including, but not limited to, negligence, system failure or network outage, will either party or its affiliates be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages including, but not limited to loss of data, loss of business, profits or other loss, that result from this agreement, even if such party or its authorized representative has been advised of the possibility of such damages.
Except for the indemnity obligations set forth herein, in no event will either party’s or its affiliates’ total liability to the other party for all damages, losses, and causes of action arising out of or relating to this agreement (whether in contract or tort, including negligence, warranty, or otherwise) exceed the aggregate fees due by account holder to Scaleit hereunder during the prior 12 months.
“Confidential Information” shall mean
During the term of this Agreement, and for 12 months following termination, neither party will, subject to the license expressly granted herein, use, sell or disclose any Confidential Information of the other party except as specifically contemplated herein. Notwithstanding the foregoing, either party may disclose the other party’s Confidential Information solely as necessary to comply with applicable laws, rules or regulations.
Scaleit reserves the right, at its sole discretion, to modify these Terms of Service, at any time and without prior notice. If modifies these Terms of Service, we will post the modification on our website or provide notice of the modification; provided, however, that unless otherwise mutually agreed by Scaleit and Account Holder in writing, no such modification, discontinuation or termination shall be effective until Account Holder’s next Renewal Date.
Neither party shall assign any of its rights, obligations or licenses hereunder without the prior written consent of the other party; provided, however, that either party may assign this Agreement and its rights and obligations hereunder, to a successor of such party by way of merger, consolidation or acquisition of all or substantially all of the assets or business of such assigning party so long as such successor shall agree to be bound by all of the terms and provisions hereof.
Scaleit and Account Holder are independent contractors, and neither Scaleit nor Account Holder is an agent, representative, employer, employee, or partner of the other. Scaleit and Account Holder shall each have sole responsibility for all acts and omissions of their respective personnel.
This Agreement sets forth the entire agreement between Scaleit and Account Holder. This Agreement shall be governed by and construed in accordance with the laws of Lagos State, Nigeria, without giving effect to principles of conflicts of law. Any notices to be provided to Scaleit under this Agreement shall be sent to Scaleit by electronic mail at contact us, and such notice shall be deemed given upon receipt. Any notices to be provided to Account Holder under this Agreement shall be sent by electronic mail to the last email address that Scaleit has on file for Account Holder or by nationally recognized express delivery service to the last mailing address Scaleit has on file for Account Holder, at the sole discretion of Scaleit.
The waiver of any breach or default of this Agreement will not constitute a waiver of any subsequent breach or default, and will not act to amend or negate the rights of the waiving party. If any provision contained in this Agreement is determined to be unenforceable in any respect, then such provision will be severed and the remaining provisions of this Agreement will remain in full force and effect.