All users of Nexus IT Solution’s services, and all customers upon signing up for Nexus IT Solution services, agree to comply with Nexus IT Solution ‘s Terms of Use (“TOU”). The spirit of the TOU is to ensure customers are using Nexus IT Solution ‘s services with due regard to the rights of other Internet users and in conformity with the requirements of Nexus IT Solution ‘s network environment. The TOU are not exhaustive and Nexus IT Solution reserves the right to add, delete, or modify any provision of its TOU at any time without notice, effective upon either the posting of the modified TOU to www.nexusitsolution.com or notification of the modified TOU. Any complaints about a customer’s violation of the TOU should be sent to info@nexusitsolution.com. The TOU supersedes any other agreement with Nexus IT Solution , whether written, oral, by conduct, or otherwise.
A. Nexus IT Solution Web Hosting & E-commerce Customer Restrictions
The following Terms of Use apply only to Nexus IT Solution’s Web Hosting and E-Commerce customers, and supplement the terms in sections C and D that apply to all Nexus IT Solution customers:
Support
Nexus IT Solution offers support through email and automated service engine. Nexus IT Solution does not guarantee or apply any time limit for offering such support. Phone support is available only for corporate accounts and dedicated servers alone.
Server Resources
Per site do not exceed more than 1 Gb bandwidth per Month.
Any web site that uses a high amount of server resources (such as, but not limited to, CPU time, memory usage, and network resources, mail servers, Ftp servers, Http servers, SQL database servers) reserves the right to suspend that site immediately. This policy is only intended to prevent the misuse of our servers and to avoid interruption in services to other customers. Customers may be offered an option whereby Nexus IT Solution continues hosting the website for an additional fee.
Nexus IT Solution will be the sole arbiter of what is considered to be a high server usage level. Any Web Hosting and E-Commerce account deemed to be adversely affecting server performance or network integrity will be shut down without prior notice.
Inodes:
In Shared or reseller hosting environment we do not allow inodes more than 75,000 (Seventy Five Thousand) for each domain. In case you are crossing that limit your domain will not be calculated in weekly / monthly backup and you will be getting notice to lower down the nodes to that level. Every file like webpage, image file, email, etc.) on your account uses up one inode. Any User accounts which are constantly creating or deleting large numbers of files on a regular basis or cause file system damage may beview and/or suspension.
Unlimited Hosting:
The word unlimited hosting is limited to use of upto 20% of CPU Resources, not more than 10 GB of Space per Domain , not more than 5 Add on Domains or as per the unlimited package features are defined at the time of package booked with limited. Unlimited refers use of hosting services for small websites using less resources.
What is Unlimited hosting?
Unlimited hosting means where you are not worried about storage or bandwidth for your website.
If you are website is not optimized correctly and using high sever resources then this it will be a problem and you need to shift to VPS or Dedicated Servers. This limitation is with every host and we would to bring in your notice before we give this service to you .
Database Limitations: MYSQL / MSSQL are unlimited allowed but it should not be in limit of maximum 300 MB each data se for MYSQL and 300 MB for MS SQL.
Email IDs: Unlimited Email Ids are allowed but no spamming or bulk mailing is allowed. Each ID can store upto 250 MB of Space.
Bandwidth: Any Website using bandwidth more than 10 GB per month is considered has high usage website and needs to be migrated to VPS or Dedicated Server.
Add on / park Domains: Unlimited add on Domains are allowed upto a number of 10 maximum for one account if mentioned in package otherwise add on domains are not allowed in unlimited hosting.
Why it is Unlimited when it sounds no Unlimited
As a Website Owner one needs to understand that big ecommerce can save tons of money by using unlimited resources but in actual server costs are too high and word unlimited is good for those who has small websites using limited resources.
SmarterMail Quota limit
The following limits apply on windows reseller hosting service with SmarterMail
Message size limit: 20MB
Mailbox size limit: 250MB
Domain Email Maximum space: 1GB
If you exceed the limit, you need to download emails to your computer to free up email disk space on the server.
You can request to upgrade mailbox size limit with additional cost as below:
Mailbox size 250MB -> 500MB – Fee $4/month per mailbox
Mailbox size 250MB -> 1GB – Fee $8/month per mailbox
Email diskspace quota per domain 1GB -> 2GB – Fee $8/month per domain.
Spamming
Sending unsolicited bulk and/or commercial messages over the Internet (known as “spamming”) is prohibited, regardless of whether or not it overloads a server or disrupts service to Nexus IT Solution ‘s customers. The term “spamming” also includes, but is not limited to, maintaining an open SMTP policy, engaging in spamming using the service of another ISP or IPP and referencing in the spam a web site hosted on a Nexus IT Solution server, and selling or distributing software (on a web site residing on a Nexus IT Solution server) that facilitates spamming. Violators will be assessed a minimum fine of Rs.10000 and will face immediate suspension. Nexus IT Solution reserves the right to determine, in its sole and absolute discretion, what constitutes a violation of this provision.
CGI Scripts / PHP / ASP / and other scripts
Any scripts that pose a potential security risk or are deemed to be adversely affecting server performance or network integrity will be shut down or will be automatically removed without prior notice. Nexus IT Solution does not permit CGI Scripts / PHP / ASP / and other scripts sharing with domains not hosted by Nexus IT Solution or any scripts that may be abused for UCE purposes.
Chat Rooms
Nexus IT Solution does not allow Web Hosting and E-Commerce customers to install their own chat rooms. Chat rooms tend to require significant system resources and therefore cannot be permitted as an account option.
IRC
Nexus IT Solution does not allow IRC or IRC bots to be operated by Web Hosting and E-Commerce customers.
Software Distribution
Nexus IT Solution's Web Hosting and E-Commerce accounts are not configured for the purposes of distributing software and/or multimedia products. If you wish to distribute software and/or multimedia files, please contact info@nexusitsolution.com to make special arrangements.
Multimedia Files
Multimedia files are defined as any graphics, audio, and video files. Nexus IT Solution Web Hosting and E-Commerce accounts are not to be used for the purposes of distributing and storing unusual amounts of multimedia files. Any web site whose disk space usage for storing multimedia files exceeds 30% of its total usage, in terms of total size or number of files, will be considered to be using an unusual amount of multimedia files.
Content Not allowed
Nexus IT Solution do not allow any of the following content to be stored on its servers:
Illegal Material – This includes copyrighted works, commercial audio, video, or music files, and any material in violation of any Federal, State or Local regulation.
Adult Material – Includes all pornography, erotic images, or otherwise lewd or obscene content. The designation of “adult material” is left entirely to the discretion of Nexus IT Solution.
Warez – Includes pirated software, ROMS, emulators, phreaking, hacking, password cracking. IP spoofing, etc., and encrypting of any of the above. Also includes any sites which provide “links to” or “how to” information about such material.
Fraudulent Activity – Includes hosting fraudulent offers to sell or buy products, items, or services, or to advance any type of financial scam such as “pyramid schemes,” “ponzi schemes,” and “chain letters.”
Other Websites – Websites related to MLM (Multi Level Marketing), Escorts Related, Technical Support related are not allowed at all. If any such website is found will be suspended without notice.
B. Nexus IT Solution Domains Customer Restrictions
The following Terms of Use apply only to Nexus IT Solution’s Dedicated Server customers, and supplement the terms in sections C and D that apply to all Nexus IT Solution's customers:
Domain Name Registrations
a) Any new domain registration is subject to booking once your email is verified, The domain booking can take 10 minutes to 24 hours for booking, in the time if domain is taken away by any third party, amount paid for that Invoice will be refunded and Nexus IT Solution is not liable for the loss.
b) Domain Name once registered, registry can send another mail for verification of email address, which has to be verified failure of which can lead to domain suspension subject to domain registry policies.
Domain Name Renewals
Domain has to be renewed before the expiry date, if the domain has expired then there can be additional charges to renew the domain. The domain renewal after expiry totally depends upon registry policies where some of the registries provide 1 day and some upto 7 days as grace period for renewing a domain name.
Customer Security Responsibilities
The customer is solely responsible for any breaches of security affecting servers under customer control. If a customer’s server is involved in an attack on another server or system, it will be shut down and an immediate investigation will be launched to determine the cause/source of the attack. In such event, the customer is responsible for the cost to rectify any damage done to the customer’s server and any other requirement affected by the security breach.
IRC
Nexus IT Solution does not allows Dedicated Server customers the use of IRC in Nexus IT Solution Network.
Billing for Network Resources
The customer understands that the customer is responsible for paying for any network resources that are used to connect the customer’s server to the Internet. The customer may request that the customer’s server be disconnected from the Internet, but the customer will still be responsible for paying for any network resources used up to the point of suspension or cancellation.
C. All Nexus IT Solution Customer Terms of Use
The following Terms of Use apply to ALL Nexus IT Solution customers:
Nexus IT Solution Services
Nexus IT Solution’s services include, but are not limited to:
Any act of preparing, setting up, connecting, maintaining, terminating, or reconnecting customers’ account (including all billing data and the space on the particular Web server that Nexus IT Solution provides to customers);
Any use by customers, or any access provided to customers by Nexus IT Solution , of computing, telecommunications, software, information, hardware, and equipment;
Any act, or provision of any service, by Nexus IT Solution to customers, related to web hosting and domain name registrations (including server usage and technical support), regardless of duration and whether paid for or not;
Any provision by Nexus IT Solution to customers, of any space, Internet connectivity, or electrical power;
Any access or use related to the Nexus IT Solution’s web site, including the web site itself;
Any other service mentioned in the TOU;
Any other service provided by Nexus IT Solution to customers, whether used or not;
Any other Nexus IT Solution services that are used by customers, whether offered or provided by Nexus IT Solution to customers.
Ownership of Web Site
The legal owner of customers’ web sites and accounts with Nexus IT Solution will be the individual or organization whose name is listed in Nexus IT Solution’s database as the owner. Customers will fully cooperate with and abide by any and all of Nexus IT Solution’s security measures and procedures in the event of any dispute over ownership of customers’ web sites and accounts with Nexus IT Solution .
Mysql Database Usage
Under Reseller Account, if any website use more Mysql database (above 100 mb ) .Then account has to be upgrade to Corporate Account or Higher Package.
Illegal Use
Nexus IT Solution servers may be used for lawful purposes only. Transmission, storage, or distribution of any information, data, or material in violation of any applicable law or regulation, or that may directly facilitate the violation of any particular law or regulation is prohibited. This includes, but is not limited to: copyrighted material; trademarks; trade secrets or other intellectual property rights used without proper authorization; material that is obscene, defamatory, constitutes an illegal threat, or violates export control laws. Additionally, in purchasing Nexus IT Solution services, all Nexus IT Solution customers certify that they and/or the organization they represent in procuring services from Nexus IT Solution are not, nor have been designated, a suspected terrorist as defined by the Constitution of India; are not owned or controlled by a ‘suspected terrorist’ as defined by the Constitution of India; and are not on, are not a member of, related to, associated with, or controlled by any organizations listed as terrorist by the Govt. Of India.
System and Network Abuse
Violations of system or network security are prohibited and may result in criminal and civil liability. Examples of system or network security violations include, without limitation the following: unauthorized access to or use of data, systems or networks, including any attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without express authorization of the owner of the system or network; interference with service to any user, host or network including, without limitation, mail bombing, flooding, deliberate attempts to overload a system and broadcast attacks; forging of any TCP-IP packet header or any part of the header information in an email or a newsgroup posting.
Viruses and Other Destructive Activities
Use of Nexus IT Solution’s services or equipment for creating or sending Internet viruses, worms or Trojan horses, or for pinging, flooding or mail bombing, or engaging in denial of service attacks is prohibited. It is also prohibited for any customer to engage in other activity that is intended to disrupt or interfere with, or that results in the disruption of or interference with, the ability of others to effectively use Nexus IT Solution’s services and equipment (or any connected network, system, service or equipment) or conduct their business over the Internet.
Privacy
Nexus IT Solution is concerned with the privacy of on-line communications and web sites. In general, the Internet is neither more nor less secure than other means of communication, including mail, facsimile, and voice telephone service, all of which can be intercepted and otherwise compromised. As a matter of prudence, however, Nexus IT Solution urges its customers to assume that all of their on-line communications are insecure. Nexus IT Solution cannot take any responsibility for the security of information transmitted over Nexus IT Solution ‘s facilities.
Customer Responsibility
Customers are required to use the Nexus IT Solution network responsibly. This includes respecting the other customers of Nexus IT Solution . Nexus IT Solution reserves the right to suspend and/or cancel service with any customer who uses the Nexus IT Solution network in such a way that adversely affects other Nexus IT Solution customers. While Nexus IT Solution may monitor its service electronically to determine that its facilities are operating satisfactorily, as a general practice, Nexus IT Solution does not monitor its customers’ communications or activities to determine whether they are in compliance with the TOU. However, when Nexus IT Solution becomes aware of any violation of the TOU or other user agreements, Nexus IT Solution may take any action to stop or correct such violation, including, but not limited to, denying access to Nexus IT Solution’s services and equipment or to the Internet. In addition, Nexus IT Solution may take action against a customer or a customer of such customer because of the activities of such customer. Nexus IT Solution anticipates that customers who offer Internet services will cooperate with Nexus IT Solution in any corrective or preventive action that Nexus IT Solution deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of Nexus IT Solution policy and Nexus IT Solution reserves the right to take any such action even though such action may affect other customers of the Nexus IT Solution customer.
Nexus IT Solution and its , affiliates and associates shall not be liable, at any time for damages (including, without limitation, damages for loss of business projects, or loss of profits) arising in contract, tort or otherwise from the use of or inability to use the Service, or any of its contents, or from any action taken (or refrained from being taken) as a result of using the Service or any such contents or for any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communications line failure, theft or destruction or unauthorised access to, alteration of, or use of information contained on the service. No representations, warranties or guarantees whatsoever are made as to the accuracy, adequacy, reliability, completeness, suitability or applicability of the information to a particular situation. You agree that Nexus IT Solution has no responsibility or liability including but not limiting to the deletion, corruption, loss or failure to store any messages or content / data maintained or transmitted by any Nexus IT Solution Service. You acknowledge and agree that no compensation shall be payable whatsoever with respect to the aforesaid by Nexus IT Solution . Nexus IT Solution MAKES NO WARRANTY THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE.
Actions Taken by Nexus IT Solution
The failure by a customer to meet or follow any of the TOU is grounds for account deactivation. Nexus IT Solution will be the sole arbiter as to what constitutes a violation of the TOU. Nexus IT Solution reserves the right to remove any account without prior notice and to refuse service to anyone at any time. When Nexus IT Solution becomes aware of an alleged violation of its TOU, Nexus IT Solution will initiate an investigation. During the investigation, Nexus IT Solution may restrict a customer’s access in order to prevent further potentially unauthorized activity. Depending on the severity of the violation, Nexus IT Solution may, at its sole discretion, restrict, suspend, or terminate a customer’s web hosting account and/or pursue other civil remedies. If such violation is a criminal offense, Nexus IT Solution will notify the appropriate law enforcement authorities of such violation. An unlisted activity may also be a violation of the TOU if it is illegal, irresponsible, or constitutes disruptive use of the Internet. Nexus IT Solution does not issue credits for any outages incurred through service disablement. Violators of the policy are responsible, without limitations, for the cost of labor to rectify any damage done to the operation of the network and business operations supported by the network, and to respond to complaints incurred by Nexus IT Solution.
Indemnification
Nexus IT Solution customers agree to protect, defend, hold harmless, and indemnify Nexus IT Solution , any third party entity related to Nexus IT Solution (including, without limitation, third party vendors), and Nexus IT Solution’s executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, subsidiaries, and co-subsidiaries with the same parent company as Nexus IT Solution , from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses, arising out of or resulting in any from the customer’s use of Nexus IT Solution’s services.
Disclaimer
The Nexus IT Solution service is provided on an as is, as available basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement. Nexus IT Solution expressly disclaims any representation or warranty that the Nexus IT Solution service will be error-free, secure or uninterrupted. No oral advice or written information given by Nexus IT Solution , its employees, licensors or the like, will create a warranty; nor may you rely on any such information or advice. Nexus IT Solution and its partners and suppliers will not be liable for any cost or damage arising either directly or indirectly from any transaction or use of the service.
Termination for Bankruptcy or Insolvency
If a customer becomes insolvent or any bankruptcy petition is filed by the customer, or any third party against the customer, Nexus IT Solution may immediately terminate provision of Nexus IT Solution’s services to the customer without prior notice or penalty. Such customer consents to the grant of relief from any automatic stay of proceedings against Nexus IT Solution in such event.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT, AND UNDER NO THEORY OF LAW OR EQUITY, WILL Nexus IT Solution (INCLUDING, WITHOUT LIMITATION, Nexus IT Solution’s EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, CO-SUBSIDIARIES WITH THE SAME PARENT COMPANY AS Nexus IT Solution , AFFILIATES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE) OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, OR DISTRIBUTING Nexus IT Solution’s SERVICES, BE LIABLE FOR THE LOSS OF A DOMAIN NAME, OR ANY BUSINESS OR PERSONAL LOSS, REVENUES DECREASE, EXPENSES INCREASE, COSTS OF SUBSTITUTE PRODUCTS AND/OR Nexus IT Solution SERVICES, OR ANY OTHER LOSS OR DAMAGE WHATSOEVER, OR FOR ANY CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR INDIRECT DAMAGES OF ANY KIND ARISING OUT OF ANY USE OF, OR ANY INABILITY TO USE, ANY Nexus IT Solution SERVICES EVEN IF Nexus IT Solution HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Nexus IT Solution’s TOTAL CUMULATIVE LIABILITY, IF ANY, TO CUSTOMER, OR ANY THIRD PARTY, FOR ANY AND ALL DAMAGES, RELATED TO THE TOU OR Nexus IT Solution’s SERVICES, INCLUDING, WITHOUT LIMITATION, THOSE FROM ANY NEGLIGENCE, ANY ACT OR OMISSION BY Nexus IT Solution OR Nexus IT Solution’s REPRESENTATIVES, OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, WILL BE LIMITED TO, AND WILL NOT EXCEED, THE ACTUAL INDIAN RUPEE AMOUNT PAID BY THE CUSTOMER FOR THE SERVICES WHICH GAVE RISE TO SUCH DAMAGES, LOSSES AND CAUSES OF ACTIONS DURING THE 3-MONTH PERIOD PRIOR TO THE DATE THE DAMAGE OR LOSS OCCURRED OR THE CAUSE OF ACTION AROSE.
Modifications
Nexus IT Solution may discontinue, upgrade, replace, modify, or change in any way, without limitation, any software, application, program, data, hardware, equipment, or portions or components thereof, used to provide customers with Nexus IT Solution’s services. Certain changes to Nexus IT Solution’s services may affect the operation of customers’ personalized applications and content. Each customer is solely responsible, and Nexus IT Solution is not liable, for any and all such personalized applications and content.
Backup of Data
Nexus IT Solution is not responsible for any kind of data (files or any other kind of data lying in your account) due to any reason. In all shared and reseller accounts backups are maintained weekly and monthly but are not guaranteed. Any Website which is crossing 1 GB of Space will be automatically disallowed from monthly and weekly backups and customer has to take backup at there end itself. Customers are responsible for maintain there own backups in there systems. Nexus IT Solution does not provide any kind of compensation for lost or inappropriate / incomplete data or any other kind of data loss even if the issue is due to any technical failure or any negligence in the servers at Nexus IT Solution end. We are here to provide you whatever possible support in backups but we make no guarantee for the availability of same.
VPS and Dedicated Server owners are responsible for the backup and they need to maintain the same at there end in local machine even though customer had opted for backup hard drive still Nexus IT Solution does not guarantee for the availability of same.
Third Party Licenses
Nexus IT Solution makes a reasonable effort to provide customers with technologies, developments, and innovations (collectively “Technologies”), part of which may be licensed, or co-branded, from or by, third party entities. However, Nexus IT Solution makes NO warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, validity, or continued existence of any or all aspects of such Technologies. Moreover, Nexus IT Solution specifically disclaims all warranties of merchantability and and fitness for a particular purpose for such Technologies. Furthermore, no customer will hold Nexus IT Solution liable in any way for the revocation of any license, which has been licensed to Nexus IT Solution . The use of the Technologies obtained from or through Nexus IT Solution , or any other referred third party, whether directly or indirectly, is at the sole risk of customers.
Non-Nexus IT Solution Products
Any mention of non-Nexus IT Solution products by Nexus IT Solution , its employees, or any third party entity related to Nexus IT Solution is for information purposes only and does not constitute an endorsement or recommendation by Nexus IT Solution . Nexus IT Solution disclaims any and all liabilities for any representation or warranty made by the vendors of such non-Nexus IT Solution products or services.
Nexus IT Solution’s Intellectual Property
Customers will not, without Nexus IT Solution’s express written consent, copy, reproduce, republish, or otherwise use any material, in whole or in part, that is located on Nexus IT Solution’s web site, and customers will not use any of Nexus IT Solution’s trademarks, service marks, copyrighted materials, or other intellectual property without Nexus IT Solution’s express written consent. Customers will not, in any way, misrepresent their relationship with Nexus IT Solution , attempt to pass themselves off as Nexus IT Solution , or claim that customers are Nexus IT Solution .
Assignment
Customers may not assign or delegate their rights or obligations under the TOU or other agreement for Nexus IT Solution’s services, either in whole or in part, without the prior written consent of Nexus IT Solution .
Minimum Age Requirement
Nexus IT Solution customers must be at least 18 years of age. Any individual under the age of 18 years (“Minor”) must have a parent or guardian accept the TOU in order for the Minor to become a Nexus IT Solution customer. A parent or guardian who accepts the TOU on behalf of a Minor will be primarily liable for ensuring complete and proper compliance with the TOU, including the timely and full payment of the charges for Nexus IT Solution services, and such primary liability will continue even when the Minor has attained the age of 18, unless the parent or guardian obtains Nexus IT Solution’s express written consent to the contrary. Any acceptance of the TOU or any other agreement for Nexus IT Solution’s services will be deemed null and void to the extent that Nexus IT Solution will not be liable in any way as a result of the Minor’s age or legal incapacity or the Minor’s use of Nexus IT Solution’s services.
Governing Law and Severability
The TOU, and any other agreement for Nexus IT Solution services, will be governed by and construed in accordance with the laws of the State of Tamil Nadu, India without reference to its conflicts of laws principles. Any litigation or arbitration between a customer and Nexus IT Solution will take place in Chennai, and the customer will consent to personal jurisdiction and venue in that jurisdiction. If any provision or portion of the TOU or other Nexus IT Solution agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of the TOU or the agreement will continue in full force and effect.
Force Majeure
Nexus IT Solution will not be liable for delays in its performance of the TOU or Nexus IT Solution services caused by circumstances beyond Nexus IT Solution’s reasonable control, including acts of God, wars, insurrection, civil commotions, riots, national disasters, earthquakes, strikes, fires, floods, water damage, explosions, shortages of labor or materials, labor disputes, transportation problems, accidents, embargoes, or governmental restrictions (collectively “Force Majeure”). Nexus IT Solution will make reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure. Notwithstanding anything contained elsewhere herein, nor will any event of Force Majeure suspend any obligation of customers for the payment of money due.
Independent Contractors
Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between Nexus IT Solution and its customers. Each of Nexus IT Solution and its customers will be deemed an independent contractor at all times and will have no right or authority to assume or create any obligation on behalf of the other, except as may be expressly provided herein.
Construction and Interpretation
Wherever in this TOU the masculine, feminine, or neuter gender is used, it will be construed as including all genders, and wherever the singular is used, it will be deemed to include the plural and vice versa, where the context so requires. The division of the TOU into sections/paragraphs, and the insertion of headings/captions, are for convenience of reference only and will not affect the construction or interpretation of the TOU. Any rule of construction to the effect that any ambiguity is to be resolved against the drafting party will not be applicable in the construction or interpretation of the TOU.
Complete Agreement and Exclusivity
The TOU, and/or any other specific agreement for Nexus IT Solution services, constitutes the complete understanding and agreement between Nexus IT Solution and its customers. Except when expressly agreed to the contrary in signed writing by an authorized representative of Nexus IT Solution , the TOU supersedes any other written (including digitized/computerized) agreement, oral agreement, and/or agreement by conduct. This TOU, and/or any other specific agreement for Nexus IT Solution services is between Nexus IT Solution and its customers only and will not confer any rights in any third party except as otherwise expressly provided by Nexus IT Solution .
Accounts
Personal hosting is restricted for individual use such as resumes, portfolio, personal home page. It does not include blog / forum / video / audio hosting.
D. All Nexus IT Solution Customer Billing Policy
The following Terms of Use constitute Nexus IT Solution’s Billing Policy and apply to ALL Nexus IT Solution customers:
Payments
Nexus IT Solution accepts the following types of payment:
– Check/money order
– Credit card (VISA, MasterCard, American Express)
– Bank wire transfer
– Fund Transfer from bank accounts
All payments are due on the Account Statement Date. The Account Statement Date is the monthly anniversary of the date the account was activated. You are responsible for directly updating, or notifying Nexus IT Solution , of any changes to your billing details.
Accounts that are past due will be automatically suspended. All past due and unpaid balances are subject to collection. In the event of collection, you will be liable for costs of collection including attorney’s fees, court costs, and collection agency fees.
Billing Cycles (Terms)
Nexus IT Solution offers three Billing Cycles (terms) for hosting charges: Yearly (12 months), Quartely (3 months) and Monthly (1 Month). The Billing Cycle begins on the Plan Activation Date. Resellers are limited to the Yearly Billing Cycle for all of their charges.
You may elect to change your Billing Cycle at any time; however, the new Billing Cycle will only take effect at the time of the next plan renewal.
All additional features added to an account are charged yearly. Additional items are non-refundable.
Account Renewals
In order to insure uninterrupted service to your website, all plans has to be renewed. The customer has the sole responsibility to keep track of the expiry date and renew the services well in advance at least 10 days before expiry. It is not the responsibility of Nexus IT Solution to give you any intimations in advance. It is confirmed by you that the responsibility of renewing the service will lie with you. The renewal of your account is subject to realisation of payment by Nexus IT Solution . Payment of account fee after expiry date does not guarantee the renewal of account with Nexus IT Solution . Nexus IT Solution cannot guarantee the renewal of account, if the payment is made after expiry date. Renewal of services such as domains, ssl certificates etc, involve companies, on whose activities, Nexus IT Solution does not have control over. Hence, Nexus IT Solution is not liable for interruption in services, loss of data, loss domain names, ssl certificates etc.
Statements
Nexus IT Solution does not mail paper invoices or statements. Statements can be viewed and printed through members area.
Fees
Returned Cheque / Amount
Nexus IT Solution charges a Rs.200 fee for returned cheques. Customers that issue an cheque and is bounced will be required to submit future payments with a DD or money order.
Bank Account Payments
Nexus IT Solution charges Rs.50 for outstation checks, Account transfers.
Reactivation
Customers that wish to reactivate a closed account will be assessed a Rs.2000 reactivation fee. A Rs.200 fee will be assessed if Nexus IT Solution restores your data files to your reactivated account.
Cancellations
Hosting plans will automatically expire until a plan is renewed. In order to cancel service, you must contact Nexus IT Solution ‘s Billing Team atinfo@nexusitsolution.com with proper payment details and account details. Please be aware that there are no pro-rated refunds after the first 30 days of service. No refund is available for Nexus IT Solution Start Up Account in the event of cancellation.
Cancellation requests must be received by Nexus IT Solution a minimum of thirty (30) days prior to the end of your Billing Cycle.
Nexus IT Solution will confirm the cancellation request when it is processed. If you do not receive a confirmation, please contact Nexus IT Solution as soon as possible.
Nexus IT Solution does not monitor, plans for problems related to domain name transfers, non-usage, Internic, your ISP, or any other secondary issues not directly related to Nexus IT Solution ‘s services. Cancellation of services does not relieve the customer from paying any outstanding balance owed on the account. Nexus IT Solution reserves the right to cancel any account, at any time, without notice, for any reason Nexus IT Solution considers appropriate.
Billing/Price Changes
Nexus IT Solution ‘s policies and prices are subject to change without notice. Any price changes become effective in the next billing cycle.
REFUNDS
Nexus IT Solution will not make refunds on Domains ,dedicated server services, administrative fees, installation fees for custom software, or domain name purchases. Refund requests for shared and reseller accounts will be taken into consideration and refunds may be made on specific basis, as defined by current Nexus IT Solution policies. If accounts are found to have violatedNexus IT Solution Terms of Service, a refund will not be made to client. The refund is void in case of any illegal activity, spamming, fraud or any abusive measures. Please note that the refund process may take up to two weeks to be completed.
UNLESS NOTIFYING US PRIOR TO A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOUR PRIME MEMBERSHIP WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTIFYING YOU, UNLESS REQUIRED BY AN APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE MEMBERSHIP FEE AND ANY TAXES USING ANY CREDIT CARD WE HAVE ON RECORD FOR YOU. PLEASE UNDERSTAND, YOU ARE NOT ENTITLED TO ANY REFUND IF YOU CANCEL YOUR MEMBERSHIP, AFTER YOUR MEMBERSHIP IS AUTOMATICALLY RENEWED.
SMS AND EMAIL NOTIFICATION
With acceptance of these terms and conditions (TOS-TOC) you accept that we can send you SMS and Emails for your renewal notifications, any new offer or services time to time as they are launched.
TOS CHANGES
Nexus IT Solution may revise its Terms of Service and other policies at any time without prior notice.