# Terms of Service
MegaDrive IT Solutions
Av Echevin, Barumbu, Kinshasa, Democratic Republic of Congo
info@megadrive.tech | +243 836321011
Effective Date: [01/01/2026]
Last Updated: [23/04/2026]
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## 1. Acceptance of Terms
By accessing our website (megadrive.tech or shop.megadrive.tech), creating an account, or purchasing any service, you ("Customer", "User", or "you") agree to be bound by these Terms of Service ("Terms"). If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
If you do not agree to these Terms, do not use our services.
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## 2. About MegaDrive IT Solutions
MegaDrive IT Solutions ("MegaDrive", "we", "us", or "our") is an IT services company registered in Kinshasa, Democratic Republic of Congo. We provide Managed IT Services, Co-Managed IT, Cloud Services, IT Outsourcing, server hardware, backup solutions, VPS and on-premise hosting, and related technical support.
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## 3. Account Registration
### 3.1 Eligibility
You must be at least 18 years old (or the legal age of majority in your jurisdiction) to create an account. By registering, you confirm you meet this requirement.
### 3.2 Account Accuracy
You agree to provide accurate, current, and complete information during registration and to keep your account information updated. Providing false or misleading information is grounds for immediate account termination.
### 3.3 Account Security
You are responsible for maintaining the confidentiality of your login credentials. You are liable for all activity that occurs under your account. Notify us immediately at info@megadrive.tech if you suspect unauthorized access.
### 3.4 One Account Per Customer
Each customer may maintain one account unless prior written approval is granted by MegaDrive.
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## 4. Services
MegaDrive offers the following categories of services:
| Service Category | Description |
|---|---|
| Managed IT Services | Full management of your IT infrastructure |
| Co-Managed IT | Shared management alongside your internal IT team |
| Cloud Services | Cloud-hosted infrastructure and applications |
| IT Outsourcing | Dedicated IT resources on contract |
| Cloud Nextcloud Hosting | Hosted private cloud storage (250GB–2TB plans) |
| Home/SME Server (Hardware) | Pre-built Nextcloud servers for on-premise use |
| Backup Services | SSH-encrypted offsite backup (250GB–1TB) |
| VPS Hosting | Virtual private server rental |
| On-Premise Hosting | Customer-premises server deployment |
| Premium Support | On-demand technical support sessions |
| Server Maintenance | Monthly ongoing server maintenance |
Specific deliverables, SLAs, and pricing for each service are defined in the applicable Service Order, Proposal, or Service Level Agreement ("SLA") entered into at the time of purchase or contract signing. In the event of a conflict between these Terms and a signed SLA or Service Order, the SLA or Service Order shall take precedence.
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## 5. Payment Terms
### 5.1 Pricing
All prices are listed in USD unless otherwise stated. Prices are subject to change with 30 days' written notice for recurring services.
### 5.2 Invoicing and Due Dates
Invoices are due upon receipt unless a specific payment schedule is agreed in writing. For subscription or recurring services, payment is due on the renewal date.
### 5.3 Payment Methods
Accepted payment methods are as communicated at checkout or in your service agreement.
### 5.4 Late Payment and Payment Defaults
This section is critical. Please read carefully.
If payment is not received by the due date:
- A grace period of 7 calendar days will be granted.
- After 7 days, a late fee of 1.5% per month (or the maximum permitted by applicable law, whichever is lower) will be applied to the outstanding balance.
- After 14 days of non-payment, MegaDrive reserves the right to suspend the relevant services without further notice.
- After 30 days of non-payment, MegaDrive reserves the right to terminate the service contract and pursue recovery of all outstanding amounts, including accrued fees and reasonable collection costs.
### 5.5 Non-Payment for Managed IT Contracts
For Managed IT, Co-Managed IT, and IT Outsourcing contracts:
- Services are rendered monthly or as agreed. Failure to pay for a given month does not release you from the obligation to pay for services already rendered.
- MegaDrive reserves the right to withdraw on-site personnel, remote access tools, and managed systems access upon non-payment following the grace period above.
- Any work performed during a dispute period remains billable.
### 5.6 Disputed Invoices
If you believe an invoice is incorrect, notify us in writing within 7 days of receipt. Undisputed portions of an invoice remain due on the original due date.
### 5.7 Taxes
You are responsible for all applicable taxes, duties, and levies imposed by any authority in your jurisdiction. MegaDrive will charge VAT or equivalent taxes where required by law.
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## 6. Service Level Agreements (SLA) and Failures
### 6.1 SLA Commitments
Where a specific SLA is provided as part of your service, MegaDrive will use commercially reasonable efforts to meet the uptime, response time, and resolution targets defined in that SLA.
### 6.2 SLA Failures and Remedies
In the event MegaDrive fails to meet a guaranteed SLA metric:
- Your sole and exclusive remedy is a service credit as defined in the applicable SLA document.
- Service credits do not apply to downtime or failures caused by factors outside MegaDrive's control (see Section 9 – Force Majeure).
- Credits must be requested in writing within 14 days of the qualifying SLA failure. Credits not claimed within this period are forfeited.
### 6.3 No Guarantee of Uninterrupted Service
Unless expressly stated in a signed SLA, MegaDrive does not guarantee uninterrupted, error-free, or continuously available service. Scheduled maintenance windows will be communicated in advance where possible.
### 6.4 Customer Responsibilities Affecting SLA
SLA protections do not apply where failures result from:
- Customer's failure to follow MegaDrive's technical recommendations
- Unauthorized modifications to managed systems
- Third-party software or hardware not supplied by MegaDrive
- Failure to maintain required network infrastructure on the customer's side
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## 7. Data Loss Liability for Backup and Hosting Services
Please read this section carefully before purchasing backup or hosting services.
### 7.1 Backup Services
MegaDrive's backup services are designed to reduce the risk of data loss. However:
- Backup services are not a substitute for your own independent data protection strategy.
- MegaDrive does not guarantee the completeness, accuracy, or recoverability of any backup.
- In the event of data loss, corruption, or failed recovery, MegaDrive's maximum liability is limited to a refund of fees paid for the backup service in the 3 months preceding the incident, unless gross negligence or willful misconduct by MegaDrive is proven.
### 7.2 Hosting Services (VPS, Cloud, On-Premise)
For VPS Hosting, Cloud Nextcloud Hosting, and On-Premise Hosting:
- MegaDrive is not liable for data loss resulting from hardware failure, software errors, cyberattacks, or events beyond our reasonable control.
- Customers are strongly encouraged to maintain independent backups of all critical data regardless of any backup service subscription.
- MegaDrive's maximum liability for data loss in hosting services is limited to 3 months of fees paid for the specific hosting service affected, except in cases of gross negligence or willful misconduct.
### 7.3 Customer Data Ownership
All data stored on MegaDrive infrastructure remains the property of the Customer. MegaDrive will not access, use, share, or sell customer data except as required to deliver the contracted services, comply with applicable law, or respond to verified security threats.
### 7.4 Data on Termination
Upon termination of a service, customers have 14 days to retrieve their data. After this period, MegaDrive may permanently delete all associated data and bears no liability for its loss.
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## 8. Intellectual Property
### 8.1 MegaDrive IP
All software tools, configurations, scripts, templates, documentation, and systems developed or provided by MegaDrive remain the intellectual property of MegaDrive unless explicitly transferred in writing.
### 8.2 Customer IP
Customer data, branding, and software remain the property of the Customer. Granting MegaDrive access to your systems does not transfer any intellectual property rights.
### 8.3 Open-Source Software
Some services are built on open-source software (including Ubuntu, Nextcloud, Proxmox, and TrueNAS). Such software is subject to its own respective licenses. MegaDrive makes no additional warranty beyond what is provided under those open-source licenses.
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## 9. Acceptable Use
You agree not to use MegaDrive services to:
- Transmit, store, or distribute illegal, harmful, or offensive content
- Conduct cyberattacks, intrusion attempts, or distribute malware
- Violate any applicable law or regulation
- Infringe the intellectual property rights of any third party
- Engage in spam, phishing, or fraudulent activity
- Resell or sublicense MegaDrive services without prior written consent
MegaDrive reserves the right to immediately suspend or terminate any account found in violation of this section without refund.
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## 10. Termination
### 10.1 Termination by Customer
You may terminate your account or any service by providing written notice to info@megadrive.tech. Notice periods and refund eligibility are defined in the applicable service agreement or outlined below:
- Monthly subscriptions: 30 days written notice required.
- Annual contracts / Managed IT contracts: Notice period as defined in the signed contract, typically 60–90 days.
- Hardware purchases: No termination right after delivery and acceptance.
### 10.2 Termination by MegaDrive
MegaDrive may terminate or suspend your account immediately, without liability, for:
- Non-payment beyond the cure period (see Section 5.4)
- Breach of these Terms or any applicable SLA
- Fraudulent, abusive, or illegal activity
- Circumstances requiring compliance with applicable law
### 10.3 Effect of Termination
Upon termination, your right to access services ceases immediately. Outstanding invoices become immediately due and payable. Sections 5, 7, 8, 11, 12, and 13 survive termination.
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## 11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
- MEGADRIVE'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR ANY SERVICE SHALL NOT EXCEED THE TOTAL FEES PAID BY YOU IN THE 3 MONTHS PRECEDING THE CLAIM.
- MEGADRIVE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR REPUTATIONAL HARM, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
These limitations apply regardless of the theory of liability (contract, tort, negligence, or otherwise). Some jurisdictions do not allow certain limitations on liability - in such cases, liability is limited to the fullest extent permitted by law.
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## 12. Disclaimer of Warranties
EXCEPT AS EXPRESSLY STATED IN A SIGNED SLA, ALL SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
MEGADRIVE DOES NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
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## 13. Governing Law and Dispute Resolution
### 13.1 Governing Law
These Terms are governed by and construed in accordance with the laws of the Democratic Republic of Congo, without regard to its conflict of law provisions.
### 13.2 Dispute Resolution
In the event of a dispute, both parties agree to first attempt resolution through good-faith negotiation within 30 days of written notice of the dispute.
If negotiation fails, disputes shall be submitted to the competent courts of Kinshasa, Democratic Republic of Congo, which shall have exclusive jurisdiction.
### 13.3 Language
These Terms are drafted in English. In the event of any conflict with a translated version, the English version shall prevail.
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## 14. Force Majeure
MegaDrive shall not be liable for any failure or delay in performance caused by circumstances beyond our reasonable control, including but not limited to: acts of God, natural disasters, power outages, civil unrest, internet service provider failures, government actions, cyberattacks by third parties, or pandemics.
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## 15. Privacy
Your use of MegaDrive services is also subject to our Privacy Policy, available at [megadrive.tech/privacy-policy]. By using our services, you consent to the data practices described therein.
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## 16. Amendments
MegaDrive reserves the right to modify these Terms at any time. We will notify you of material changes via email (to the address on file) or by posting a notice on our website at least 14 days before the change takes effect. Continued use of our services after the effective date constitutes acceptance of the revised Terms.
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## 17. Entire Agreement
These Terms, together with any applicable Service Order, SLA, or signed contract, constitute the entire agreement between you and MegaDrive IT Solutions regarding the subject matter herein, and supersede all prior agreements, representations, or understandings.
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## 18. Contact
For questions about these Terms, contact us at:
MegaDrive IT Solutions
Av Echevin, Barumbu, Kinshasa, DRC
📧 info@megadrive.tech
📞 +243 836321011
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These Terms of Service were last updated on [INSERT DATE]. MegaDrive IT Solutions recommends that all customers review these Terms periodically. This document does not constitute legal advice. For complex contractual matters, consult a qualified attorney in the Democratic Republic of Congo.