Terms of use

Nexalus Network Ltd agrees to provide and furnish services to the Customer, subject to the following Terms of Service (ToS). Use of the Nexalus service constitutes acceptance and agreement to our Terms of Service (ToS). We reserve the right to make changes to the provided Terms of Service (ToS) as needed, without notice to our clients.

 

1. Delivery of Services and Terms

Customer agrees to pay Nexalus Network Ltd the fees charged by Nexalus Network Ltd for (i) the Service(s) during the Initial Term and for any Renewal Term, and (ii) certain limited services and equipment needed by Customer on a “one-off” or emergency basis (“Supplemental Services”) where such services are not included within the scope of the Services as described in the Order Form(s). Customer agrees to pay Nexalus Network Ltd the fees charged by Nexalus Network Ltd for Supplemental Services, and hereby authorizes Nexalus Network Ltd to perform such services on its behalf.

 

2. Use of Nexalus Network Ltd services

To ensure the integrity and efficiency of all services provided by Nexalus Network Ltd, all Customers must abide to the service terms described below.

2.1 Server space and bandwidth

Customer may only occupy the allocated disk space, bandwidth, and Mbps speed, as described in the Order Form. Additional fees will be charged for exceeding these resources.
When the said resources exceeds to the point that it is disrupting other accounts holders on the same server, Nexalus Network Ltd reserves the right to deactivate the service until a resolution is reached.

2.2 Sharing account resources

We allow a Customer sharing his or her account resources with other non-account holders.
However, it is strictly forbidden to give away and/or sell the services provided by Nexalus Network Ltd within or in addition to an existing account with Nexalus Network Ltd Consequences may lead to permanent service suspension.

2.3 Excessive Resource Usage and/or Abuse

Any account that affects to full-function of operation of any other services provided to other Customers may face a temporary suspension until a resolution is reached.

2.4 Acceptable Use Policy

Activities identified in the acceptable use policy are strictly forbidden. If any of these activities are detected, all accounts associated with these activities will be permanently terminated and no refund shall be granted.

2.5 Server Vulnerabilities and Updates

The client agrees to grant Nexalus company permission to launch forced updates and close vulnerabilities in all possible ways to protect and ensure the security of all Nexalus clients and servers. The company reserves the right to use all options at its disposal to stop the vulnerabilities in older software versions that may threaten other clients or be used to perform illegal activities on the company servers.

 

3. Fees and Payment Terms

Customer will pay all fees due according to the prices and terms listed in the Order Form(s) and all other fees incurred by the Customer related to the Supplemental Services, Professional Services, reinstatement of service fees and fees for switching or upgrading servers, all in accordance with the current Nexalus Network Ltd prices and policies.

3.1 Invoice Notifications

Nexalus Network Ltd will send any invoices to the main email account of the owner of the account based on the service terms. Nexalus Network Ltd cannot guarantee that this email will be received by the client. As an option, we provide the Customer a Billing Control Panel (also referred to as a Client Portal) where the service invoices can be reviewed and paid.

3.2 Suspensions and Termination

Any payment not received within three (3) days of the invoice due date, Nexalus Network Ltd reserves the right to suspend the service without any notice. If after fourteen (14) days of not receiving payment confirmation, Nexalus Network Ltd reserves the right to terminate the service, and consequently remove all existing content (data, emails, files, etc.), without any further notice.

3.3 Account cancellations

Customers who are not under contract can cancel their account in any billing cycle. Account cancellations must be made at least four (4) days in advance via our Billing Control Panel (Client Portal). Nexalus Network Ltd is not responsible for additional charges made after cancellation. If a payment is deducted after cancellation, Nexalus Network Ltd may refund it.

 

4. Intellectual Property Ownership

This Agreement does not transfer from Nexalus Network Ltd to Customer any Nexalus Network Ltd Technology, and all right, title and interest in and to Nexalus Network Ltd will remain solely with Nexalus Network Ltd This Agreement does not transfer from Customer to Nexalus Network Ltd any Customer Technology, and all right, title and interest in and to Customer Technology will remain solely with Customer. Nexalus Network Ltd and Customer each agree that it will not, directly or indirectly, reverse engineer, decompose, disassemble or otherwise attempt to derive source code or other trade secrets from the other party and/or its third party vendors.

 

5. Limited Warranties

Each of the guarantees in the Order Form(s) is null and void if Customer fails to follow Nexalus Network Ltd terms of service or otherwise breaches the Agreement in any respect.

5.1. No other Warranty

Nexalus Network Ltd does not monitor or exercise control over the content of the information transmitted through its infrastructure. Use the services or any information that may be obtained there at Customer’s own risk. The services are provided on an ‘as is’ basis, and customer should use the services at its own risk. Except as provided in the order form(s), Nexalus Network Ltd does not make, and hereby disclaims, any and all other express and/or implied warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose, non-infringement and title, and any warranties arising from a course of dealing, usage or trade practice. Nexalus Network Ltd does not warrant that the services will be uninterrupted, error-free or completely secure.

5.2 Disclaimer of Actions Caused by and/or Under the Control of Third Parties

Nexalus Network Ltd does not and cannot control the flow of information to or from Nexalus Network Ltd network and other areas of the Internet. Such flow depends in large part on the performance of Internet services provided or controlled by third parties. At times, actions or inactions of such third parties can impair or disrupt Customer’s connections to the Internet (or areas thereof). Nexalus Network Ltd cannot guarantee that such events will not occur. Accordingly, Nexalus Network Ltd disclaims any and all liability resulting from or related to such events.

 

6. Limitations of Liability

In no events shall Nexalus Network Ltd be liable for damages resulting from loss of data, profits, use of the Nexalus Network Ltd site or any Nexalus Network Ltd services, for any incidental, indirect, punitive, or consequential damages in connection with this agreement or in connection with any products or services provided hereunder. In no event shall Nexalus Network Ltd cumulative liability exceed an amount greater than the clients’ associated hosting fee (less set-up fees, domain registration, and overages).

You agree to indemnify, defend, and hold harmless Nexalus Network Ltd from any and all liabilities, penalties, losses, damages, costs, expenses, attorney’s fees, causes of action and/or claims caused by or resulting indirectly from your use of our services.

Backup. Customer will be responsible for backup and other protection of its data against loss,
damage, or destruction. Nexalus Network Ltd will have no obligation or liability with respect to lost, damaged, or destroyed data.

 

7. Payments, Cancellations and Refunds

7.1 Payments

All invoices must be paid within 3 days after invoice has been emitted, in order to avoid suspension of the services. During these days, you will be receiving emails with payment reminder notes, if payment has not been processed, Suspension of services will be done on the 3rd day after invoice has been emitted. The Termination of the services will be done on the 15^th day after invoice has been emitted; this means that the service we offer you will be cancelled and your data will no longer be available.

7.2 Cancellations

To terminate your service, you must cancel it via our Billing Panel (Client Portal). This can be done by logging in at https://cp.nexalus.net.

A Customer can also request cancellation to the ticket system that is accessible through the Billing Panel (Client Portal). A Customer must be logged into his or her account that uses the service for verification purposes.

In case of PayPal subscriptions, in addition to requesting cancellation via our billing panel at https://cp.nexalus.net, you must cancel any active PayPal recurring payment subscriptions by logging to your PayPal account and request the cancellation directly to PayPal. As Nexalus Network Ltd does not have access to client’s PayPal account, we cannot and will not be responsible for unintended payments made from using the automatic payment subscription service. We do, however, provide refunds for unintended payments after cancellation upon request.

Cancelling your account removes your website’s files from our services. Be sure that you have copies of any files you want to keep before you cancel your account.

7.3  Refund policy

Nexalus Network Ltd has a 30-days money back guarantee that applies for all shared hosting and VPS services. There is no refund for payments made with Bitcoin. There is also no refund for payments made for any types of domains or control panel licenses.
Once 30 days from the date of the initial order are over, full refund, partial refund, or prorated refund is no longer applicable.

There is no refund for payments made with Bitcoin. If a client orders our services for the purpose of engaging in illegal activities or activities that we have prohibited and listed in our prohibition list, we, Nexalus Network Ltd, have the right to refuse refunding this client. In addition, we have the right to terminate his or her client without prior notification.

7.4 PayPal Chargebacks

If a client requested a chargeback on a PayPal payment prior to the cancellation of his Nexalus services, as well without any notification to Nexalus Network Ltd and without attempting to reach a resolution, he or she is not entitled to a refund to the chargeback. We mark this activity as fraud because the the services continue to operate on Nexalus Network Ltd for an indefinite period.

7.5 International bank transfers

If you are wiring money directly to the bank account of Nexalus Network Ltd from a country outside of the EU, your payment is considered as an international bank transfer payment. All invoices paid via this method are required to pay an additional 14 euro fee.

 

8. Scheduled Downtime

Scheduled downtime occurs during notified downtime periods, with as much advance warnings as possible via e-mail with a minimum of 24 hours notice. Downtime caused by scheduled network upgrades will not be eligible for refund.

Nexalus makes no warranty or guarantee whatsoever regarding the Service, and to the extent permitted by applicable law, disclaims any and all warranties including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

 

9. Applicable law and conditions

9.1 All agreements between the CUSTOMER and Nexalus Network Ltd are governed exclusively by Dutch and UK law. Any applicability of the Vienna Sales Convention is excluded.

9.2 These General Terms of Service and any Service Order shall be interpreted in accordance with
Dutch and UK Law. Any disputes arising out of or in relation to a Contract shall be exclusively brought before
the courts of Amsterdam.

9.3 The CUSTOMER shall observe all Laws, rules, codes and regulations applicable in Netherlands regarding the usage of Hosting Services and the types of Hosted Materials.

 

10. Terms of Service

Nexalus Network Ltd reserves the right to change the terms set forth to its clients at any time, without any form of notice to our clients, non-clients, or general public. At all times, customers are bound to terms set forth. In no event shall Nexalus Network Ltd or its staff’s lack of enforcement of these terms constitute a waiver of these terms at any time.