Terms Of Services

Revision date: 28-July-2020

CloudNX is part of CreativeLab Enterprise Limited , a hosting related services provider incorporated in Hong Kong.

The use of service(s) constitutes an unconditional acceptance of and agreement to the terms stipulated in this Terms of Service, including our Acceptable Use Policy (AUP). CloudNX reserves the right to change or modify the TOS at any time without notice by posting the new agreement or policies. These modifications will become effective immediately. Your continued use of the site and or services indicates your understanding and agreement with our terms. therefore, it is your responsibility to review the TOS regularly. If you purchase our products and fail to comply with these terms, no refunds will be given.

Acceptable Use Policy

Client hereby acknowledges that it has reviewed the Acceptable Use Policy (the “AUP”) and agrees to use the service in compliance with the AUP. Client agrees that CloudNX may, in its reasonable commercial judgment consistent with industry standards, amend the AUP from time to time to further detail or describe reasonable restrictions and conditions on Client’s use of the Services.

Client agrees to cooperate with CloudNX’s reasonable investigation of any suspected violation of the AUP. In the event of a dispute between CloudNX and Client regarding the interpretation of the AUP, CloudNX’s commercially reasonable interpretation of the AUP shall govern. In the event CloudNX takes corrective action due to a violation of the AUP, CloudNX shall not refund to Client any fees paid in advance of such corrective action.

Violations of these Acceptable Use Policies should be referred to [email protected] All complaints will be investigated promptly. Failure to follow any term or condition will be grounds for immediate service termination.

Lawful Use

All services provided by CloudNX may be used for lawful purposes only. 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 subscriber agrees to indemnify and hold harmless CloudNX from any claims resulting from the use of service which damages the subscriber or any other party.

Prohibited are service that promote any illegal activity or present content that may be damaging to CloudNX’s servers, or any other server on the Internet. Links to such materials are also prohibited.

Examples of unacceptable content or links:

  • pirated software
  • hacker programs or archives
  • Warez sites

Copyright Infringement Notice (DMCA)

If you believe your copyright is being infringed by a person using the CloudNX Services, please send your written notice of copyright infringement to:

  • Address : Copyright Dept, Unit 201, 2/F, 22 Tak Fung Street, Hunghom, Kowloon, Hong Kong
  • Email : [email protected]

Your notice must include the following :

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  • Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted words at a single site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CloudNX to locate the material.
  • Information reasonably sufficient to permit CloudNX to contact you, such as an address, telephone number, and, if available, an e-mail address.
  • A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, the copyright owner’s agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Bandwidth Usage

Hosting service plans may have bandwidth usage limits. We realize that from time to time, a Client may have unanticipated circumstances which cause their service to exceed this limit. In such cases, such overages may result in temporary suspension of service. Should this occur, CloudNX will first make every effort to contact you to prevent any unexpected service interruptions.

Server Abuse

Any attempt to undermine or cause harm to a server or customer of CloudNX is strictly prohibited. As our customer you are responsible for all your accounts. Should you violate the Terms of Services outlined within, your service will be terminate without chance of refund.

Refusal of Service

We reserve the right to refuse, cancel or suspend service, at our sole discretion.

All sub-networks, distributive hosting sites and dedicated servers of CloudNX must adhere to the above policies, with the exception of system resources in respect to dedicated servers.

Billing

By the payment due date of a service, CloudNX shall either:

  • debit the client’s credit card (when such information has been provided by the client).
  • deliver e-mail or regular mail, payment notifications and invoice in accordance with the applicable Service Fees for services rendered for that month’s service or whichever is the selected billing cycle. When an invoice is delivered to the client, payment shall be remitted to CloudNX by no later than the specified payment due date. CloudNX shall be entitled to immediately terminate this agreement for client’s failure to make timely payments.

All credit cards are billed automatically on the payment due date. It is the client’s responsibility to ensure that they have sufficient credit to cover this transaction. In the event that there is insufficient credit, we will send an e-mail notification, at which point we will need to be provided with another credit card account number within 24 hours. If we do not receive a response within 24 hours, the account, and all accounts under that account plan, will be suspended.

Service Fees

Certain services carry a setup fee charged by CloudNX to client, which must be paid by client in order to have use of said services.

CloudNX may temporarily deny or terminate service upon the failure of the client to pay the Service Fees when due. Such termination or denial will not relieve the client of responsibility for the payment of all accrued charges and any collection fees.

Service Cancellation

A clients may cancel his services at any time online via submitting a ticket. The cancellation will take place within 24 hours and the subscriber’s account will remain active until the end of that month’s service or whichever is the selected billing cycle.

Backups

CloudNX does not provide backup restore service unless agreed to via separate agreement.

CloudNX have the right, but not the obligation, to make backup copies of the data you upload to our servers. Please ensure that you perform your own backups or subscribe to our backup services if you require backups for services.

CloudNX can not guarantee that the data you upload to our servers will never be deleted or corrupted, or that a backup of a data you upload to our servers will always be available, accurate or complete. The Client shall have sole responsibility for undertaking measures to maintain independent archival and backup copies of your content.

All Backups are provided “As-Is,” and are subject to the disclaimers of warranties and limitation of liability set out herein.

Limitation of Liability

CloudNX shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from CloudNX's servers going off-line or being unavailable for any reason whatsoever. Furthermore, CloudNX shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any service from one of CloudNX's servers.

NOT WITH STANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF CloudNX AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

Disclaimer

CloudNX cannot be held liable for system down time, crashes or data loss. We cannot be held liable for any predicated estimate of profits which a client would have gained if their site was functioning. Certain services provided by CloudNX are resold. Thus, certain equipment, routing, software and programming used by CloudNX are not directly owned or written by CloudNX. Moreover, CloudNX holds no responsibility for the use of our client's service. Failure to comply with any terms or conditions will result in the automatic termination of the service in question. We reserve the right to remove any service, without advance notice for any reason without restitution, as CloudNX sees fit.

Uptime Service Level Agreement

We are proud to announce our 99.9% Uptime SLA guarantee as a reassurance of our service and uptime. For whatever reason, if in the rare case that you encounter any excessive unscheduled downtime of your service, you are entitled to a pro-rated credit.

In any given month, if your service is down for more than 0.1%, you may request a pro-rated credit for the down-time. Pro-rated refunds are issued if customer does not retain any active service and they are specifically requested.

All credit or refund requests must be sent via email to CloudNX’s billing department no later than the 3 day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.

Please be noted that occasional and scheduled server or network maintenance is exclusive of this SLA. Server or network regular maintenance, which may result in downtime for some extreme cases, is necessary to keep general hosting environment healthy. In all but the most urgent cases, we will inform clients by email at least two hours before the work and the downtime in this case would not be covered by our SLA.

The following circumstances are not eligible for the SLA and are specifically excluded from our Uptime Guarantee:

  • Adverse network conditions across the internet (outside of our network), such as the network problems between your ISP and our data center
  • DDoS or other attacks on our servers
  • Problems with Your ISP’s network
  • Browser or DNS caching issues
  • Any other circumstance beyond our reasonable control.

7 Day Money Back Service Level Agreement

If you are unsatisfied with our services or for any personal reason, you might cancel within 7 working days for the first month you started to use our service. and we would refund you the full money you paid on the next month

7 Days Money Back Guarantee is applicable to below service:

  • Web Protection
  • Web Hosting(ALT)

Services that are not in the list of services listed above and that include DDoS protection are non-refundable.