Nuvebs Cloud Solutions

Terms & Conditions



IT IS IMPORTANT TO READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, IT CONTAINS IMPORTANT INFORMATION FOR ALL SERVICES ON THIS WEBSITE REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS.

When you are accessing this website (site) you (“User”, “you”, “your” or “customer”) agrees to all Nuvebs Tecnologia Ltda. (“Nuvebs.com,”, “NuvebsA1”, “Nuvebsa1.com”, “Nuvebs Mail”, “Nuvebs”, “Nuvebs Cloud Solutions”, “we”, “us”, or “our”) and Third Parties Terms of Service. This Agreement establishes our general terms and conditions of your use of our services and products that are available By Nuvebs Tecnologia Ltda. Nuvebs is a company situated in Recife-PE, Brazil. Websites/sites (individually and collectively, the “Services”). By accessing this website for simple browsing, purchasing or using any Free trial of our services, means that you have read this agreement and agreed to it. If you don’t agree to follow the terms of this agreement, you are not authorized to use, link pages, access any content and services of this website. All our services are solely for users who are eighteen (18) years of age or older.

By using our Services, you also agree to the terms of the following policies.
  1. Privacy Policy
  2. Acceptable Use Policy (AUP)

Account Eligibility

Accessing and Registering to use any of our or third party services, you declare and warrant that you are eighteen (18) years of age or older. Any access or registration by anyone under eighteen (18) is prohibit and is a violation of this agreement.

  1. Any data filled on the registration form (email, address, ID, phone number or any information required at the registration form) on our website must be accurate and must be true. We can use any of your data to contact you at any time and is your responsibility to keep all your registration information updated. If in any reason, you are not able to update your information, you can contact us to do it for you. We can contact you by phone Internationally (at no cost) to update your information. We randomly check customer accounts for security purposes, validating user information. If you provide any false information or is not updated, it may result in the termination of the account and services. If you deny to provide requested information we can deny/cancel your order or any services that is active on your account. Legal actions can be take in place.
  2. It is your full responsibility to keep your information (user name, password or any service credential information) secure and confidential. You agree to keep all your credentials information safe and any action taken into your account is your entire responsibility.
  3. Any service or data provided by Nuvebs Cloud Solutions can be hosted in the United States of America, Canada, France, United Kingdom, Hong Kong or Brazil. Using our services, you are voluntarily transferring information (personal or business identifiable and confidential information) that is subject to the jurisdiction on which your data is located. Any legal or illegal content provided or hosted on our services can be subject to the jurisdiction of the country were your data is allocated or stored. If any kind of legal matters is taken within your data or service (provided to third parties) from the jurisdiction were your data is stored, we will contact you first. You are fully responsible for all your data; service you provide or information hosted within our services.
  4. If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party's behalf with respect to any actions you take about the Services.
  5. Any dedicated IP order may be subject to IP justification. IP justification practices are subject to remain in compliance with the policies of some countries. We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.
  6. Nuvebs is not responsible without limitations for any service interruption or cancellation due to outdated contact information being associated with the domain. If you need to verify, change or update your contact information, you may utilize the Nuvebs client area to update your contact information.

Tranfers & Migrations

Transfers or migrations of emails and website to us are Free (courtesy) but limited. Our transfer/migration team makes the best as they can to transfer your information to us. But, we don’t guarantee that the transfer will be successful, since every hosting company operates and works differently, with different platforms, infrastructures and services. Sometimes, transfers can be extremely difficult or impossible, regarding external factors. There can be cases that we are not able to transfer to us the data from the older host. We’ll always keep you informed of any difficulty or incapability. Any transfer/migration that takes more than seven straight days, will incur a charge. Taking more than seven days we will quote you a price for the conclusion of the service or you have the right to cancel the transfer at any time. Regarding any decision taken either us or yours, Nuvebs Cloud Solution is not held liable in any event, for any missing, damage or data loss. You are and will always be solely responsible for backing up your data, accounts, configuration of hosting services in all circumstances

Content

All services and content provided by Nuvebs Cloud Solutions may be used for lawful purposes only. Transmission, storage or presentation of any information, data or material in violation of any International common law were your server data is located, state or city law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The user agrees to indemnify and hold harmless Nuvebs Cloud Solutions from any claims resulting from the use of service which damages the subscriber or any other party.

  1. Nuvebs Content
  2. Any content available on our website or any email communications done by us (logo, codes, images, advertising and any content) are not allowed to be directly or indirectly to be modified, copied, distributed, framed, reproduced, republished, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means without out our previous authorization.

  3. User Content
  4. As responsible for your own account and content between our servers and network, you may be able to upload. Store, display, reproduce and distribute your information, text, codes, media (photo & videos), or any other content through your website, emails, NuvebsA1 services or any other services provides to you by us. All your content is totally your responsibility and Nuvebs Cloud Solutions does not exercise any control and responsibility over your information or content. You acknowledge and agree that Nuvebs Cloud Solutions is not responsible of any, data or content deleted on any cause of server, network or infrastructure disruption or problem. You are the only responsible for your data or any content that you have on our services that goes through our network. Using any of our services you agree that your data can be provided to any law enforcement in any legal matters of illegal content on your account and agree that Nuvebs Cloud Solution has no liability due to any corrective legal actions that Nuvebs Cloud Solution may take.

Nuvebs Cloud Solutions reserves the right to migrate your account and content from one data center or server to another to keep the best quality services and avoid disruption on your services (server or network overloaded). As well to comply with applicable data center policies, local law or for technical or other reasons without notice.

Third Party Services

We can provide services that works in partnership with third party services or products. You can go through some limitations and restrictions that are subject to third party provider’s terms and conditions.

All services or products that we work in partnership with goes through tests and re-tests and goes through a quality test approval by our Team during a period of six months to one year before we offer to our customers. But Nuvebs Cloud Solutions does not warranty and is not responsible or liable for any miss of availability or quality of any service(s) provided by any third-party service(s) or product(s).

We can monitor or not all services, but is your responsibility to monitor and keep your data safe. We or you can use third party’s services to monitor your services and data without violating Nuvebs Cloud Solutions Terms of Services and its customers or user’s privacy and services.

HIPAA

We are not HIPAA (Health Insurance Portability and Accountability Act) compliant.

Billing and Payment Information

  1. Payment
  2. As a user, you agree to pay for your services in advance and responsible to keep your services invoices paid on time. You are applicable to laws, rules and regulations for any unpaid invoice for more than a month. Now, we user two currencies as payment methods: USD (United States Dollar-U$) and BRL (Brazilian Reais-R$). We do not collect any kind of credit/debit card information in our system. For credit/debit card payments process we use third party’s financial institutions to collect payments: PayPal US and PayPal BR to collect USD-U$ payments and PayPal BR to collect BRL-R$. As another way to collect Brazilian currency payment methods we use Boleto Bancário and they are collected thorough a Third party financial institution named “Gerencianet”.

  3. Autorenewal
  4. You agree to be billed on an automatically recurring basis to prevent any service disruption. Using the pre-selected payment method on your account (PayPal or Boleto Bancário).

  5. Taxes
  6. Any listed fee for any service do not include in any sales, use, revenue, excise or any taxes imposed by any taxing authority. All applicable taxes will be added to your service invoice as a separate charge to be paid by you at the time of purchase or after it, in case of any tax authority enforcement.

  7. Late Payment
  8. All invoices must be paid within ten days of invoice due date. All invoice in outstanding situation are subject to suspension and cancellation/termination. We can pursue the collection costs incurred by us, including without limitation, any arbitration and legal fees, and reasonable attorneys' fees. If you have more than one service and having one outstanding invoice your services can not be renewed until the outstanding invoice is resolved. All dedicated services (Servers, Hosting, Emails) can be reclaimed and all its data deleted after twenty (20) days of outstanding balance. Making a late payment after dedicated services been deleted won’t reactivate and restore your data. You must reorder the dedicated service and reinstall your service again if needed.

  9. Fraud
  10. It is a violation of this Agreement if you use misuse or fraudulently credit/debit cards or any kind of payment method. If detected we can report to any government or legal enforcement authorities, as well to credit report or any financial agency/institution.

  11. Invoices Disputes
  12. You have (60) sixty days to dispute any charge or payment processed by Nuvebs Cloud Solutions. After this period, no disputes are accepted.

Money Back

We provide and guarantee money back for a thirty (30) days period for Shared hosting (Standard Hosting) services only.

Cancellations and Refunds

  1. Refund are only available for payments done through PayPal (US and BR) for the thirty (30) days period. After this period, not refunds are available. Payment made through “Boleto Bancário” are not eligible for refunds, they are eligible only for a credit your account. This credit added to your account can be used to purchase any of our services.
  2. Refunds will be only issued for Shared Hosting (Standard Hosting) for the thirty (30) days period and will not include administrative fees, install fees, taxes. We will not issue any refund if you don’t provide the applicable Refund request within the refund period (30 days).
  3. Refunds are just accepted for New accounts (First time) only, for the plan selected.
  4. If you violated this agreement you waive your right for the refund.
  5. Cancellations or termination of any services are required to be done directly on your account (Client area). If there is any outstanding invoice, you must clear them to cancel any service.
  6. Currencies exchange rates variations for international payments are constant and unavoidable. Refunds are processed in the currency of the payment made and it will reflect the exchange rate of the date of the refund. We are not responsible for any change in the exchange rates between the time of payment and the time of the refund.
  7. Nuvebs Cloud Solutions can cancel/terminate your account without notice if you fail to pay any fee or invoice due, violates this Agreement, actions taken by you that may harm Nuvebs Cloud Solutions or user’s services. This cancellation/termination process will incur on then end of any service and all your information/data will be deleted.
  8. Cancellations are effective immediately after request.

CPU, Bandwidth and Disk Usage

All use of hosting space provided by Nuvebs Cloud Solutions is subject to the terms of this Agreement and the Acceptable Use Policy.

  1. You can use your Nuvebs Shared hosting (Standard Hosting) space as much as you want and it may only be used for web files, active email and content of User Websites. Shared hosting (Standard Hosting) space are not allowed to be used for storage (whether of media, emails, or other data), including, as offsite storage of electronic files, email or FTP hosts. We reserve the right to review every shared (Standard hosting) account for excessive usage of CPU, disk space and other resources that may be caused by a violation of this Agreement or the Acceptable Use Policy. Nuvebs may, in our sole discretion, terminate access to the Services, apply additional fees, or remove or delete User Content for those accounts that are found to be in violation of Nuvebs Cloud Solutions terms and conditions.
  2. Shared Hosting (standard Hosting) accounts are configured to be backed up in our Backup system as a courtesy. For accounts that exceeds 15GB or 100.000 Inodes, they are removed from our automatic Backup System.
  3. Dedicated services (Nuvebs Mail, NuvebsA1, Hosting Ultra, Dedicated Servers and VPS) usage is limited by the resources allocated to the specific plan that you have purchased.
  4. Shared Hosting (Standard Hosting) accounts are not limited in their bandwidth. Nuvebs reserves the right to limit or cancel resources to accounts that are affecting servers, network or customer’s performance and security.

Accounts

All accounts and services may not be used to resell to others.

Dedicated & Private Services

Nuvebs Cloud Solutions reserves the right to reset credentials (password) information on file of any Dedicated or Private services so we can offer you a better support services or in case of any audits required by our Datacenter.

Dedicated Services (Servers, VPS, NuvebsA1, Nuvebs Mail, Hosting Ultra) that are more than ten (10) days with an outstanding invoice may be subject to removal/deletion of the service which will result in the total loos of data of their specific dedicated service. Nuvebs Cloud Solutions will not responsible or liable for any data loss of the data or service that came as result of the deletion.

Assignment; Successors

You may assign or transfer your account and your responsibilities under this agreement to another’s without a written consent to Nuvebs Cloud Solutions. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. We may assign our rights and obligations under this Agreement, and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

Price Change

Nuvebs Cloud Solutions main currency is USD (United States Dollar – U$). Nuvebs Cloud Solutions reserves the right to change other currencies prices of all or specific services/products at any time without previous. Prices can be change without any previous notice to other currencies, because the International currencies variations. In case we have to change prices for all or specific products or services we are going to inform all customers through email or website notification at least thirty (30) days before the official price change.

Disclaimer

Nuvebs Cloud Solutions is not being responsible for any damages your identity, business or organization may suffer. Nuvebs disclaims any warranty of merchantability or fitness for a specific purpose, including loss of data resulting from delays, delivery failures, wrong deliveries, and all services interruptions caused by Nuvebs, our automated system, employees, agents or partners. Nuvebs Cloud Solutions makes no warranties of any kind, expressed or implied for the Services.

Backup and Data Loss

Our services/products are available and you can use it at your sole risk. Backups for Shared Hosting (Standard Hosting) are done at our own discretion, at least once a week. Backups services runs and overwrites any of our previous backups. Any shared hosting (Standard Hosting) account that exceeds 15GB of disk space will be removed from our automatic backup except for databases continuing to be backed up. All data will continue to be mirrored to a secondary drive to help protect against data loss in the event of a drive failure.

This backup service is only available for shared hosting (standard hosting) accounts as a courtesy and could be modified or discontinued/terminated at any time at our sole discretion, without any previous notification.

Force Majeure

Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.