The master agreement governing NUVOLTIX hosting, virtual server (VPS/VDS), dedicated server and related services.
This Service Agreement (the "Agreement") governs the provision and use of NUVOLTIX hosting, cloud, virtual server (VPS/VDS), dedicated server, colocation and related services (the "Services") ordered through shop.nuvoltix.com or a signed order form. By ordering or using any Service you agree to this Agreement.
Product-specific terms — including resource allocations, service levels and support response times — are stated on the applicable product page or order form and are incorporated into this Agreement by reference.
You must provide accurate, current and complete information when creating an account and keep it up to date. You are responsible for safeguarding your account credentials and for all activity that occurs under your account.
You must notify us immediately at info@nuvoltix.com of any unauthorized use of your account or any other breach of security.
NUVOLTIX targets 99.9% network and infrastructure availability for covered Services, measured monthly and excluding scheduled maintenance windows announced in advance.
If availability falls below the committed level in a calendar month, your sole and exclusive remedy is a service credit as described on the applicable product page. Credits must be requested through the client panel within 30 days of the incident.
You may not use the Services to: (a) host, store or distribute unlawful content, including content that infringes intellectual property rights; (b) send unsolicited bulk email (spam) or operate open relays/proxies; (c) conduct or facilitate network attacks, port scanning, phishing or malware distribution; (d) mine cryptocurrency without express written authorization; or (e) engage in any activity that degrades the stability or security of the platform or harms other customers.
We may suspend Services immediately and without prior notice where continued operation poses a security, legal or operational risk. In other cases we will provide notice and a reasonable opportunity to cure before suspension.
You retain all rights to the data you store on the Services. You grant NUVOLTIX only the limited rights necessary to operate the Services on your behalf.
Unless your plan explicitly includes managed backups, you are solely responsible for maintaining independent backups of your data. NUVOLTIX is not liable for data loss on unmanaged services.
Fees are billed in advance for each billing cycle and are due on the invoice date. Services may be suspended for accounts more than 7 days past due and terminated for accounts more than 30 days past due; data on terminated services may be permanently deleted after termination.
All fees are exclusive of applicable taxes, which are your responsibility. Renewal prices may change with at least 30 days' notice before the renewal date.
This Agreement remains in effect while you use any Service. Either party may terminate a Service at the end of its current billing term. We may terminate this Agreement immediately for material breach, including violation of the Acceptable Use provisions.
Upon termination, your right to use the Services ceases and we may delete remaining data after a 15-day grace period, except where retention is required by law.
EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, THE SERVICES ARE PROVIDED "AS IS" AND NUVOLTIX DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED. NUVOLTIX'S TOTAL AGGREGATE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU FOR THE AFFECTED SERVICE DURING THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM. IN NO EVENT SHALL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
You agree to indemnify and hold NUVOLTIX harmless from claims arising out of your content, your use of the Services or your breach of this Agreement.
This Agreement is governed by the laws of the jurisdiction in which NUVOLTIX is established. Neither party is liable for delay or failure caused by events beyond its reasonable control (force majeure). If any provision is held unenforceable, the remainder of the Agreement remains in effect.
We may update this Agreement with at least 15 days' notice for material changes; continued use of the Services after the effective date constitutes acceptance. Notices to NUVOLTIX should be sent to info@nuvoltix.com.
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