The terms detailed in this document are intended to define the conditions applicable to the use of resources within the Nhostbd cloud.
The present terms correspond to the services denominated in a commercial way as:
• Shared Hosting
These resources can be modified upwards or downwards by the client on a monthly basis based on the public tables on the web https://www.nhostbd.com and its purchase configuration.
2. Duration of the Contract.
The minimum duration of the services will be:
• Shared Hosting
o Annual extension automatically if with 15 days to the end of the contract none of the parties shows intention to end the contract.
The contract will end when any of the following causes concur:
2.2.1 Mutual agreement of the parties.
Resolution for breach of any part of the obligations arising from the contract. The parties expressly agree that Nhostbd may terminate the contract if the client:
• Shared Hosting: It is delayed in the payment of the service renewal 30 days.
When any of the parties is in a situation of bankruptcy or suspension of payments.
2.2.2 Completion of the same.
At the express wish of one of the parties, the end of the same manifested 15 days before the expiration date agreed.
2.3 Recruitment periods:
• Shared Hosting: Annual hiring period.
2.4 Prices and Payment Method.
The benefits are paid in advance by an invoice issued 15 days before the expiration of the service and sent to the customer via email. Once the client receives this notification, he is obliged to notify us of his desire not to continue the service or to pay for it by renewing the agreed period.
The client agrees to keep his email account updated in his client file, accessible with password and password from the web in his Client Area in order to ensure that the notifications that Nhostbd needs to make via email to it, may be made without incident assuming that email is the main means of communication between Nhostbd and the contractor.
2.4.1 Forms of Payment.
The means of payment available by Nhostbd are the following:
• Direct debit.
o First hiring. The services will be activated after verification of the payment of the first direct debit.
o Renewals: Direct debits will be issued automatically unless notification of the end of the desire to terminate the service by the customer.
• Wire transfer.
o First hiring: The services will be activated after receipt of the payment of the first invoice.
o Renewals: Services will be renewed upon receipt of the invoice payment referred to the renewal period.
• Paypal or Credit card.
o First hiring: The services will be activated automatically to the execution of the payment.
o Renewals: Services will be automatically renewed upon payment execution.
2.4.2 Incidents in the payment.
In case of incidents in the payments, the contracting party will have a period of 15 days for the resolution as of the notification.
For each incident not attributable to the supplier, a fee of 6 Euros will be charged for bank charges included in the next invoice.
In case the problem is not fixed within 15 days Nhostbd can unplug the service. In any case, the client will still have to pay Nhostbd all the outstanding installments of the contract period.
3 Obligations, rights and responsibilities of Nhostbd.
• Nhostbd is committed to making available to the company the material object of this contract that is described in the object.
• Nhostbd is committed to ensuring the maintenance of cloud hardware, to changing components that may fail due to use or that may be defective.
• Nhostbd undertakes to demand from its suppliers the correct state of the hardware on which the services are provided in case they are subcontracted to third parties.
• Nhostbd undertakes to act whenever the CONTRACTING PARTY informs it of the non-functioning of the service. If the CONTRACTOR asks you to perform a maintenance at a specific time, Nhostbd will try to comply with it.
• Nhostbd undertakes to restart the server whenever the CONTACTANT requests it by email or by calling within
1 hour if it is during office hours and 4 hours outside of these hours. Otherwise, it may offer alternative means so that these restarts can be carried out directly by THE CONTRACTING PARTY.
• If by chance the service did not lend itself to the first notice, the CONTRACTOR would have to ask again, in this case the incident would be fixed as soon as possible respecting the previously announced maximums.
• Nhostbd will try to ensure the availability of the service 24 / 24h and 7 / 7d subject to eventual breakdowns and maintenance periods.
3.2 Limitation of liability.
The responsibility of Nhostbd can not be searched in the following cases:
• When the CONTRACTING PARTY for the use made of the server gets to delete the operating system.
• Contamination by data viruses or contractor programs.
• You can not be responsible for errors in the operation of the programs as they are provided by third parties. By not giving them a guarantee, you can not transmit it to your customers.
• Lost or accidental deletion of data, not recovery of all data since the last backup.
• The CONTRACTING PARTY understands and accepts that the backup systems may not always contain the desired information or that they may not have been executed correctly, so he undertakes to have backup copies of the critical information in local media not linked to Nhostbd. .
• Use by third parties of codes and keys of THE CONTRACTING PARTY.
• Inclusion of hackers, pirates or crackers in the contractor’s site.
• Failure, negligence, omission or failure of the contractor, force majeure, fault, negligence or emission of a third party over which Nhostbd has no control or surveillance.
• Nhostbd does not have any content detection system installed, so it is not responsible in any way for any breach of Spanish or international standards.
• In case of responsibility of Nhostbd, the CONTRACTOR can not under any circumstances request compensation for indirect damage such as loss of clientele or profits or fall of the accounting results. In any case, the amount of the repair may never exceed the price paid during the last quarter at the date of the damage.
• The applications of the server are updated and it is possible that in some of these updates it is necessary to modify the application. In this case, the CONRATANTE is responsible for carrying out said work.
• THE CONTRACTOR is the last responsible for the data that is on the server. Being this responsible for having copies of it, in no case Nhostbd will be responsible for the loss of data of the contractor.
4 Obligations and rights of the contracting party.
• THE CONTRACTING PARTY will have the rented service from the date of signature of the contract.
• THE CONTRACTING PARTY has the right to request an extension or reduction of the rented product whenever it is deemed appropriate. In this case you will have to notify Nhostbd in writing of your new needs.
• Nhostbd will have to submit a quote to inform you of the eventual modification of the rental price. THE CONTRACTOR will have to accept the budget before the modification of the service is made. In this case, an additional act will be established verifying the modification of the contract.
• The CONTRACTOR has the right to request the installation of the desired software, by default the basic configuration will be applied.
• The CONTRACTOR agrees that the services made available by Nhostbd will not be used for illicit purposes or effects, contrary to the provisions of this contract, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate or impede the normal operation of the Nhostbd equipment.
• THE CONTRACTOR acknowledges taking responsibility for the legality of the software installed on the rented server, acknowledges having all the appropriate licenses and respecting the rights of authors.
• The CONTRACTOR acknowledges that they are prohibited:
o All contents that do not respect human or animal dignity. The warez sites, crack sites, hack sites and in any way all sites that have contents that harm the rights of authors.
o Likewise, the CONTRACTING PARTY acknowledges that it is prohibited to send unsolicited SPAM emails and is responsible for not respecting the law. The CONTRACTOR will be responsible for the personal data collected, processed and / or stored in the domains are treated in accordance with the regulations on protection of personal data in force in Spanish legislation.
o To process the cancellation of the service, THE CONTRACTING PARTY must perform the same demonstrating, their ability to do it.
• The CONTRACTOR agrees to take into account the technical criteria of Nhostbd in the event of the detection of possible technical or administrative behaviors that are not appropriate or harmful for the client in the short / medium term, exempting Nhostbd from any responsibility derived from a technical conduct not adequate
4.3 Control Panel.
• Nhostbd provides the client with a control panel from which they can manage the contracted services.
• It is the client’s obligation to make good use of it and be aware of the actions that will be performed on it since it has all the permissions on the functions and responsibilities on the actions that it executes.
Cloud VPS Servers:
In case of using our Plesk or Cpanel administrator software rental system, the client will have the following services:
• First installation of the control panel on the server.
• License for Unlimited Updates of the control panel software
• Support technical assistance of operation.
Likewise, the client knows and accepts that:
• The software is delivered “as is” and that Nhostbd is not responsible for a malfunction of the same. This software has passed operational safety controls but even under certain conditions and circumstances may behave incorrectly. It is not responsible for any loss of data, malfunction of an external application, etc.
• The software is protected by intellectual property laws and any copy, installation, use, assignment or distribution of the same is totally forbidden without the express written consent of Nhostbd.
• In the event that the control panel or administration software is a third party provided by THE CONTRACTING PARTY, the client must take into account that the support, claims, assistance, failures, etc. must be claimed directly from the manufacturer of said software, being the role of Nhostbd a simple installer thereof, exempting itself from any liability and claim.
• The CONTRACTOR will have a 30-day performance guarantee on all installed software except when the configuration was modified. In this period of 30 days the contracting party may request the reinstallation of the server.
• The CONTRACTOR has the right to request the installation of additional software, not included in the operating system, in this case you will have to obtain a separate budget to determine the installation cost.
• THE CONTRACTING PARTY shall have the right to terminate this contract in advance for breach of the obligations contemplated in this contract. In both cases, the right to claim compensation is not contemplated and with a term of not less than 15 days, prior notification must be made stating said will. Once said period has elapsed, it will be understood that the contractual relationship has been terminated, and the contracting party is obliged to abandon the services rendered for the date and Nhostbd will suspend the provision of the outstanding ones, if any.
• The CONTRACTING PARTY has the right to demand from Nhostbd the quality obligations and services to which it has committed under this contract, either of the services or of the reimbursable expenses.
5. SLA (Service Level Agreement)
Our SLA seeks to guarantee the maintenance during the 100% of the time of the services offered by Nhostbd and for that, permanent monitoring and demanding periodic improvement plans are carried out.
Therefore, if Nhostbd breaches this Availability Agreement in a certain calendar month, the customer will receive a refund in its monthly payment corresponding to a percentage of the same.
The following assumptions are excepted:
• Maintenance activities planned with a previous warning of 2 hours.
• Acts or omissions of the Client or any user of the service authorized by the Client.
• Causes not attributable to Nhostbd.
• Failures or incidents in third networks or networks not directly connected. Partial reception of prefixes.
Below are the returns for service contracted based on the availability offered:
AVAILABILITY UNAVAILABILITY COMPENSATION
> 99.82% 75 minutes Not applicable
<99.81% 7.2 hours 50% of the fee
> 99.00% + 7.2 hours 100% of the quota
• The customer must notify the damage produced in writing to our Technical Department by a written means (ticket system or email)
• The service will be considered in operation if there are backup mechanisms.
• The guarantee or SLA is not cumulative.
Maintenance activities planned with a warning before 2 hours
Those activities or interventions made to maintain the services provided as well as for improvements or extensions thereof that require a partial or total cut of the service provided. These maintenance works will be notified by email to the client at least 2 hours in advance. In cloud services these activities are usually imperceptible and do not
affect the availability of the service because all elements of the cloud are redundant.
Acts or omissions of the client or any user of the service authorized by the client.
All those acts in which the client or third parties in which cause an internal cut of the service rendered, due to an action not normalized in the service. Among them, external or internal attacks, increase in the transfer rate over what was contracted, causing saturation, etc.
Causes not attributable to Nhostbd.
• Failures produced in the customer’s equipment (whichever is the property), third-party access connection cuts, or external failure of other suppliers.
• Failures or incidents in third networks or networks not directly connected.
• Those faults that third-party providers may suffer in their networks and that cause the service to fall partially to their customers. It will not compute as a breakdown all those connections that are not its own or direct.
Partial reception of prefixes
In which case you can not access certain places because the prefixes are not being announced directly from the relevant provider. Such partial reception may be caused by a fall from the remote provider, or due to interposed filters blocking access. In this last case it is advisable to inform the Technical Service so that they inform the respective responsible of said filters.