These Terms of Service (“Terms”) govern your access to and use of the website (axngroupgh.com), platforms, and services (“Services”) operated by AXN Group (“AXN Group,” “we,” “our,” or “us”), a company registered under the laws of Ghana.

By using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree, you must discontinue use of our Services immediately.

1. Definitions

For purposes of these Terms:

• “Client” means any individual or organization that engages AXN Group for professional services
• “Services” includes cybersecurity consulting, IT infrastructure services, digital transformation, managed services, HR consulting, training programs, and all related offerings
• “Content” means all information, data, text, software, graphics, and other materials available through our Services
• “Confidential Information” means proprietary business information, technical data, and other non-public information disclosed during service delivery

2. Eligibility and Authority

• You must be at least 18 years old, or of legal majority in your jurisdiction, to use our Services
• If you are entering into these Terms on behalf of an organization, you represent that you have the legal authority to bind that organization
• By accessing or using our Services, you represent and warrant that you meet these requirements and have the capacity to enter into legally binding agreements

3. Scope of Services

3.1 Professional Services

AXN Group provides the following categories of services:

• Cybersecurity Services: Security assessments, vulnerability testing, incident response, security awareness training
• IT Infrastructure: System design, implementation, monitoring, and maintenance
• Digital Transformation: Process automation, cloud migration, data analytics, and modernization
• Managed Services: 24/7 IT support, cybersecurity-as-a-service, outsourced IT operations
• HR Consulting: Talent development, training programs, and organizational consulting

3.2 Service Delivery

• Specific service terms, deliverables, timelines, and pricing will be detailed in separate Service Agreements or Statements of Work
• Services are provided based on industry best practices and applicable standards
• AXN Group reserves the right to subcontract portions of services to qualified third-party providers

4. Acceptable Use

4.1 Permitted Uses

You agree to use the Services only for:

• Lawful business purposes and in compliance with all applicable laws and regulations
• Activities consistent with the intended purpose of the Services
• Legitimate cybersecurity, IT infrastructure, and business consulting needs

4.2 Prohibited Activities

You shall not:

• Attempt to gain unauthorized access to any systems, networks, or data beyond authorized scope
• Interfere with or disrupt the security, availability, or performance of the Services
• Use the Services for fraudulent, abusive, illegal, or harmful activities
• Share access credentials or allow unauthorized parties to use your account
• Reverse engineer, decompile, or attempt to extract source code from our proprietary systems
• Use automated tools to access the Services without explicit written permission
• Violate any applicable laws, including but not limited to:
  • Ghana Data Protection Act, 2012 (Act 843)
  • Ghana Cybersecurity Act, 2020 (Act 1038)
  • Electronic Transactions Act, 2008 (Act 772)

4.3 Enforcement

AXN Group reserves the right to suspend, restrict, or terminate access to Services immediately if these Terms are violated, without prior notice and without liability.

5. Accounts and Security

5.1 Account Creation

Where Services require an account:

• You must provide accurate, complete, and current information
• You are solely responsible for maintaining the confidentiality of your credentials
• You must use strong authentication methods as recommended by AXN Group
• You agree to notify AXN Group immediately of any suspected unauthorized use

5.2 Security Obligations

• You are responsible for implementing appropriate security measures on your systems
• You must cooperate with AXN Group’s security recommendations and requirements
• You agree to promptly install security updates and patches as advised
• You acknowledge that cybersecurity is a shared responsibility requiring ongoing vigilance

6. Intellectual Property Rights

6.1 AXN Group Property

• All content, methodologies, frameworks, trademarks, service marks, and technology associated with the Services are the exclusive property of AXN Group Solutions or its licensors
• AXN Group’s cybersecurity frameworks, assessment tools, and proprietary methodologies remain our confidential and proprietary information
• No rights are granted except as explicitly stated in these Terms or separate agreements

6.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to:

• Access and use the Services for their intended business purposes
• Use AXN Group-provided documentation solely in connection with authorized Services
• Download and use reports, assessments, and deliverables solely for your internal business purposes

6.3 Client Content

• You retain ownership of your data and information provided to AXN Group
• You grant AXN Group a limited license to use your data solely for providing Services
• You warrant that you have the right to provide such data and that its use will not violate any third-party rights

7. Confidentiality

7.1 Mutual Obligations

Both parties agree to:

• Maintain the confidentiality of all non-public information disclosed during service delivery
• Use confidential information solely for authorized purposes
• Implement reasonable security measures to protect confidential information
• Return or destroy confidential information upon request or termination of services

7.2 Exceptions

Confidentiality obligations do not apply to information that:

• Is publicly available through no breach of these Terms
• Is independently developed without use of confidential information
• Must be disclosed pursuant to legal requirements or court orders

8. Service Availability and Performance

8.1 Service Levels

• AXN Group strives to maintain reliable Services and will use commercially reasonable efforts to ensure availability
• Specific service level commitments will be outlined in separate Service Level Agreements (SLAs)
• We may suspend, restrict, or discontinue Services for scheduled maintenance, emergency repairs, or security incidents

8.2 Emergency Response

• For critical cybersecurity incidents, AXN Group will make reasonable efforts to provide emergency support
• Response times will vary based on service agreements and severity of incidents
• Clients are responsible for having appropriate incident response procedures and emergency contacts

9. Third-Party Services and Integration

• Services may integrate with or rely on third-party tools, platforms, cloud services, or security vendors
• AXN Group carefully selects third-party providers but is not responsible for their services, content, or privacy practices
• You acknowledge that third-party services are subject to their own terms and conditions
• AXN Group will use reasonable efforts to notify clients of significant changes to third-party integrations

10. Payments and Billing

10.1 Fees and Payment

• Fees for Services will be specified in separate Service Agreements or Statements of Work
• Payment terms are typically net 30 days unless otherwise agreed
• Late payments may incur interest charges as permitted by law
• All fees are exclusive of applicable taxes, which are the client’s responsibility

10.2 Disputed Charges

• You must notify AXN Group in writing within 30 days of any disputed charges
• We will investigate disputes in good faith and provide reasonable documentation
• Undisputed portions of invoices remain due and payable

11. Limitation of Liability

11.1 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW:

• SERVICES ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND
• NEXACORE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
• WE DO NOT WARRANT THAT SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE

11.2 Limitation of Damages

TO THE FULLEST EXTENT PERMITTED BY LAW:

• NEXACORE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES
• OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO THE SERVICES SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO NEXACORE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM
• THESE LIMITATIONS APPLY REGARDLESS OF THE THEORY OF LIABILITY

11.3 Exceptions

The above limitations do not apply to:

• Damages caused by AXN Group’s willful misconduct or gross negligence
• Breaches of confidentiality obligations
• Violations of intellectual property rights
• Claims that cannot be limited under applicable law

12. Indemnification

12.1 Client Indemnification

You agree to indemnify, defend, and hold harmless AXN Group, its affiliates, officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising out of:

• Your misuse of the Services or violation of these Terms
• Your violation of applicable laws or third-party rights
• Unauthorized access to or use of your systems or data
• Your failure to implement reasonable security measures

12.2 AXN Group Indemnification

AXN Group will indemnify you against third-party claims alleging that our Services infringe valid intellectual property rights, provided you notify us promptly and cooperate in the defense.

13. Force Majeure

Neither party will be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including:

• Natural disasters, pandemics, or other acts of nature
• Government actions, laws, or regulations
• Internet or telecommunications failures
• Cyberattacks or security incidents affecting third-party infrastructure
• Labor disputes or supply chain disruptions

14. Termination

14.1 Termination Rights

Either party may terminate:

• These Terms with 30 days’ written notice
• Immediately for material breach that remains uncured after 10 days’ notice
• Immediately if the other party becomes insolvent or ceases business operations

14.2 Effect of Termination

Upon termination:

• All rights and licenses granted hereunder will cease
• Each party will return or destroy confidential information as requested
• Accrued payment obligations will survive termination
• Provisions that by their nature should survive will remain in effect

15. Modifications to Terms

• We may update these Terms periodically to reflect changes in our Services, legal requirements, or business practices
• Updates will be posted on our website with the revised “Effective Date”
• For material changes, we will provide additional notice via email or prominent website notification
• Your continued use of the Services after updates constitutes acceptance of the revised Terms

16. General Provisions

16.1 Governing Law and Jurisdiction

• These Terms are governed by the laws of the Republic of Ghana, without regard to conflict of law principles
• Any disputes shall be subject to the exclusive jurisdiction of the courts of Accra, Greater Accra Region, Ghana
• The parties agree to attempt good faith resolution of disputes before litigation

16.2 Entire Agreement

• These Terms, together with our Privacy Policy and any executed Service Agreements, constitute the entire agreement between the parties
• These Terms supersede all prior agreements, representations, and understandings
• Modifications must be in writing and signed by authorized representatives

16.3 Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions will continue in full force and effect.

16.4 Assignment

You may not assign these Terms without AXN Group’s prior written consent. AXN Group may assign these Terms in connection with a merger, acquisition, or sale of assets.

16.5 Waiver

Failure to enforce any provision of these Terms does not constitute a waiver of that provision or any other provision.

17. Contact Information

For questions about these Terms, please contact us:

AXN Group
Legal Department
Email: legal@axngroupgh.com
Phone: [Insert Phone Number]
Website: axngroupgh.com

For Service-Related Questions:
Email: info@axngroupgh.com
Phone: [Insert Phone Number]

For Security Incidents:
Email: security@axngroupgh.com
Phone: [Insert Emergency Number]

These Terms of Service reflect AXN Group Solutions’ commitment to providing secure, professional IT and cybersecurity services while protecting the interests of all parties. For the most current version, please visit axngroupgh.com/terms.