Terms of Use
Last Updated: May 13, 2025
1. INTRODUCTION
Welcome to QFlex (“Company”, “we”, “our”, “us”). These Terms of Use (“Terms”, “Terms of Use”) govern your use of our website located at https://qflex.com.ng (the “Site”) and all related services offered by QFlex (collectively, the “Services”).
Please read these Terms carefully before accessing or using our Site or Services. By accessing or using any part of the Site or Services, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the Site or use any Services.
2. ELIGIBILITY
To use our Services, you must be at least 18 years of age and have the legal capacity to enter into a binding agreement with QFlex. If you are using our Services on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to these Terms.
3. ACCOUNT REGISTRATION
3.1 Account Creation
To access certain features of the Site or Services, you may be required to register for an account. When you register, you must provide accurate, current, and complete information as requested during the registration process. You are responsible for safeguarding your account credentials and for all activities that occur under your account.
3.2 Account Security
You agree to immediately notify QFlex of any unauthorized use of your account or any other breach of security. QFlex will not be liable for any loss or damage arising from your failure to comply with this section.
4. SERVICES DESCRIPTION
QFlex provides digital marketing services, including but not limited to:
- Social media marketing
- Search engine optimization
- Content creation and marketing
- Email marketing
- Pay-per-click advertising
- Website design and development
- Brand strategy and management
- Digital advertising campaigns
- Analytics and reporting
The specific services to be provided will be outlined in a separate Service Agreement or Statement of Work between QFlex and the client.
5. FEES AND PAYMENT
5.1 Service Fees
Fees for our Services are set forth in the applicable Service Agreement or Statement of Work. All fees are quoted in Nigerian Naira unless otherwise specified.
5.2 Payment Terms
Payment terms, including methods of payment and payment schedules, will be outlined in the Service Agreement or Statement of Work. Unless otherwise agreed, invoices must be paid within thirty (30) days of issuance.
5.3 Late Payments
Late payments may incur interest charges at a rate of 1.5% per month or the maximum rate permitted by law, whichever is less. We reserve the right to suspend Services until payment is received in full.
6. INTELLECTUAL PROPERTY RIGHTS
6.1 Our Intellectual Property
The Site, Services, and all content, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by QFlex, its licensors, or other providers of such material and are protected by Nigerian and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
6.2 Limited License
Subject to these Terms, QFlex grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Site and Services for your personal or internal business purposes.
6.3 Client Materials
You retain all ownership rights to the materials you provide to QFlex for use in providing the Services (“Client Materials”). By providing Client Materials, you grant QFlex a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Client Materials solely for the purpose of providing the Services.
6.4 Deliverables
Ownership of deliverables created by QFlex for clients will be governed by the applicable Service Agreement or Statement of Work. Unless otherwise agreed in writing, upon full payment of all applicable fees, QFlex assigns to the client all rights, title, and interest in the final deliverables, excluding any third-party materials and QFlex’s proprietary tools and methodologies.
7. USER CONDUCT
When using our Site or Services, you agree not to:
- Use the Site or Services in any way that violates any applicable federal, state, local, or international law or regulation
- Use the Site or Services for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way
- Send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms
- Transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation
- Impersonate or attempt to impersonate QFlex, a QFlex employee, another user, or any other person or entity
- Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Services, or which may harm QFlex or users of the Site or Services
- Use the Site or Services in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site
- Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site
- Use any manual process to monitor or copy any of the material on the Site or for any other unauthorized purpose
- Use any device, software, or routine that interferes with the proper working of the Site
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site
8. USER CONTENT
8.1 Content Responsibility
You are solely responsible for any content you submit, post, or display on or through the Site or Services (“User Content”).
8.2 Content License
By posting User Content on the Site or through the Services, you grant QFlex a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with providing and promoting the Services.
8.3 Content Representations
You represent and warrant that:
- You own or control all rights in and to your User Content and have the right to grant the license granted above
- Your User Content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity
- Your User Content does not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable
9. DISCLAIMER OF WARRANTIES
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. QFLEX EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
QFLEX MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS, BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR BE ACCURATE, RELIABLE, COMPLETE, LEGAL, OR SAFE.
10. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL QFLEX, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, SERVICES, OR ANY CONTENT ON THE SITE, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
IN NO EVENT SHALL QFLEX’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT PAID BY YOU TO QFLEX DURING THE TWELVE (12) MONTHS PRIOR TO THE DATE OF THE EVENT GIVING RISE TO SUCH LIABILITY.
11. INDEMNIFICATION
You agree to defend, indemnify, and hold harmless QFlex, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Site or Services.
12. THIRD-PARTY LINKS AND SERVICES
The Site may contain links to third-party websites or services that are not owned or controlled by QFlex. QFlex has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that QFlex shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
13. TERMINATION
13.1 Termination by QFlex
QFlex may terminate or suspend your access to all or part of the Site and Services, without notice, for any conduct that QFlex, in its sole discretion, believes violates these Terms or is harmful to other users of the Site or Services, QFlex, or third parties, or for any other reason.
13.2 Termination by User
You may terminate these Terms at any time by discontinuing use of the Site and Services and closing your account, if applicable.
13.3 Effect of Termination
Upon termination, your right to use the Site and Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
14. CHANGES TO TERMS
QFlex reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Site or Services after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Site or Services.
15. GOVERNING LAW AND DISPUTE RESOLUTION
15.1 Governing Law
These Terms and your use of the Site and Services shall be governed by and construed in accordance with the laws of the Federal Republic of Nigeria, without regard to its conflict of law principles.
15.2 Dispute Resolution
Any dispute arising out of or related to these Terms or the Site or Services shall first be resolved through good-faith negotiations between the parties. If such negotiations fail to resolve the dispute within 30 days, either party may submit the dispute to arbitration in Lagos, Nigeria, in accordance with the Arbitration and Conciliation Act, Cap A18, Laws of the Federation of Nigeria, 2004.
15.3 Waiver of Class Actions
You agree that you will only bring claims against QFlex in your individual capacity and not as a plaintiff or class member in any purported class or representative action.
16. PRIVACY POLICY
Please refer to our Privacy Policy at https://qflex.com.ng/privacy-policy for information on how we collect, use, and disclose information from our users. You acknowledge and agree that your use of the Site and Services is subject to our Privacy Policy.
17. MISCELLANEOUS
17.1 Entire Agreement
These Terms, together with the Privacy Policy, constitute the sole and entire agreement between you and QFlex regarding the Site and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site and Services.
17.2 Waiver
No waiver by QFlex of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of QFlex to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
17.3 Severability
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
17.4 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without QFlex’s prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. QFlex may assign or transfer these Terms, at its sole discretion, without restriction.
17.5 Force Majeure
QFlex shall not be liable for any failure or delay in performance of its obligations under these Terms arising out of or caused, directly or indirectly, by circumstances beyond its reasonable control, including, without limitation, acts of God; earthquakes; fires; floods; wars; civil or military disturbances; acts of terrorism; sabotage; strikes; epidemics; pandemics; riots; power failures; computer failure and any such circumstances beyond its reasonable control as may cause interruption, loss or malfunction of utility, transportation, computer (hardware or software) or telephone communication service; accidents; labor disputes; acts of civil or military authority; governmental actions; or inability to obtain labor, material, equipment or transportation.
18. CONTACT INFORMATION
Questions or comments about the Site, Services, or these Terms may be directed to QFlex at:
Email: info@qflex.com.ng
Phone: +2348036509056
Thank you for reading our Terms of Use. By using our Site and Services, you acknowledge that you have read, understood, and agree to be bound by these Terms.
