Nimbevo Ltd provides web hosting Services to clients worldwide, and we have a responsibility to protect each client and to provide the best Services available. All clients of Nimbevo Ltd are subject to accept the following terms of Service:
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The term “you” refers to the user or client of Nimbevo Limited or visitor to our website and “your” shall be construed accordingly.
a) Prohibited Content
All services provided by Nimbevo Ltd and associated companies may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States Federal, State, City law or the laws of the United Kingdom (England, Wales or Northern Ireland) or the laws of the European Union, including all member states 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 statue / legislation.Examples of prohibited material (including but not limited to)
a) pirated software / warez;
b) bulk e-mail sending systems;
c) hacking / cracking discussion or the provision of tools to hack / crack;
d) keygens / serials / patches;
e) content that is an infringement of patented technologies and software, trademarks and intellectual copyright;
f) sites containing or linking to material that may be considered detrimental to the public health, safety, or welfare;
g) software designed to disrupt network communications of a remote host or server not under the control of Nimbevo Ltd;
In the event of prohibited content, Nimbevo Ltd will be the sole arbitrator as to the content in violation of Section 2(a) of this document.
b) Resource / Usage Limits
To ensure the swift and efficient operation of each server, resource limits are in operation upon each host. Accounts found to be using over 10% of the respective server’s total CPU for a period of time that is considered to be damaging to the server by a member of Nimbevo Ltd network operations team or automated security systems may face traffic shaping restrictions on inbound traffic.
While Nimbevo Ltd operate a backup system that creates and stores multiple backups every 24 hours for each account on a respective web server, it should be noted that these backups are for administrative purposes. Nimbevo Ltd make no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their account and hereby disclaim Nimbevo Ltd for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of Nimbevo Ltd.
a) Prohibited Content
In addition to clause 2(a) of this document, responsibility of content hosted on accounts under the control of a reseller is the responsibility of the reseller. In the first instance of prohibited content being detected on a reseller owned account, the individual account will be suspended and the reseller notified for action to be completed (such as termination of the account). Further violations of clause 2(a) of this document may result in the suspension of the reseller and all accounts owned and controlled by the reseller.
b) Resource / Usage Limits
In addition to clause 2(b) of this document, resellers are allocated a set amount of resources that may be distributed as the reseller wishes. Overselling the resources of a reseller are not permitted and accounts that seek to do so will be suspended at the discretion of Nimbevo Ltd.
While Nimbevo Ltd operate a backup system that creates and stores multiple backups every 24 hours for each account on a respective hosting node, however it should be noted that these backups are for administrative purposes. Nimbevo Ltd make no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their account and hereby disclaim Nimbevo Ltd for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of Nimbevo Ltd.
a) Prohibited Content
Responsibility of content contained upon virtual machines under the control of a client is the responsibility of the client. In the first instance of prohibited content being detected on a client owned device, the device will be suspended and the customer notified for action to be completed (such as termination of an offending account upon the node, reformatting of the individual machine). Such actions should be completed within a maximum of twelve (12) hours or to the timeframe specified by the supervising member of staff. Further violations of clause 2(a) of this document after previous incidents will result in the immediate termination of the virtual machine.
b) Resource / Usage Limits
Devices are allocated set quotas of both disk space, and access to RAM and bandwidth (measured in MB, GB, and GiB respectively). Attempts to circumvent monitoring of these quotas will result in suspension. Expansion of quotas will be subject to further billing, to be discussed with a member of our Billing team.
While we make every effort to provide full access to allocated resources, there may be cases where access may be limited due to hardware or software limitations. In this event, we are not responsible for any restrictions that may be imposed. Templates provided by Nimbevo for installation upon a guest are provided as is, with no warranties expressed or implied and no responsibility is taken for any security issues that may be contained upon said template. In this event, Nimbevo will take reasonable steps to provide a replacement within a reasonable duration. Clients are responsible for the upkeep and general maintenance of their device.
While Nimbevo utilise VMware virtualization and, Xen virtualization technologies, abuse of a host node where such usage may be deemed as a cause for instability will result in immediate suspension by a member of our Network Operations team. Nimbevo Ltd reserve the right to suspend such abusive devices without warning, or to implement traffic shaping or limiting upon an abusive device.
All Nimbevo virtualization products are self managed and as such Nimbevo Ltd takes no responsibility for data stored upon virtualized resources. Access to daily backups is subject to additional charge. However it should be noted that these backups are primarily for administrative purposes. Nimbevo Ltd make no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their device and hereby disclaim Nimbevo Ltd for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of Nimbevo Ltd.
Nimbevo Ltd provide the ability for electronic mail to be sent via their platform through all services. In using our services, you do hereby confirm that all electronic communications are opt in, and that all solicited mailings comply with the terms of the CAN-SPAM Act of 2003 (and all amendments) and the The Data Protection Act 1998, and; The Privacy and Electronic Communications Regulations 2003 (and all subsequent amendments).
Complaints regarding unsolicited electronic mail will be billed at a rate of £60 per abuse complaint received in relation to your use of this service up to a maximum of £2500 in any calendar month. Nimbevo Ltd reserve the right to withdraw access to SMTP services or implement rate limiting against any customer deemed to be in breach of these terms. In the event of violation, Nimbevo Ltd will be the sole arbitrator as to the content in violation of Section 6 of this document.
Clients agree and are expected to make payments through their chosen payment method on time and in advance for the billing cycle Services are provided for. Invoices are generated sixteen (16) days before product renewal dates. And 30 days before for domain renewals. Nimbevo provides (3) days grace period Nimbevo Services held unpaid for a period of three (3) days after the due date will be suspended until the invoice is paid in full. Dedicated servers in arrears will be terminated 24 hours after the renewal date of the service. Hosting, Reseller, VoIP and other services, Hybrid and VPS services still in arrears will be terminated, with the loss of all data after a period of seven (7) days. Invoices still in arrears after five (5) days will be subject to a late fee of 10% of the total cost of the invoice. Nimbevo Ltd will notify you upon Invoice generation via E-mail.
a) Order Verification: If our fraud check system detects issue with your payment, we will contact you with steps and details to complete the verification process.
b) Domain activation: Nimbevo provides instant activation / registration for every domain purchased. We do not provide premium domains, if any domain which shows available and is premium will not be registered.
c) Shared Hosting Activation: Nimbevo provides instant account activation for our shared hosting plans.
d) Cloud Servers: Cloud Servers are instantly activated upon deploying from Nimbevo cloud console.
e) Dedicated Servers: Dedicated Servers that are available in stock are deployed manually within 24 hours. Unless stated otherwise on the checkout page.
Every account may take more time to be activated if it fails the initial fraud and order verification. If this happens, we will contact with more details to complete the verification
Cancellation requests need to be placed from your client area by clicking on My services, then on Manage and then on the Request cancellation button. Nimbevo will not accept cancellation requests via email and you will be billed again for the Services until a legitimate cancellation request is placed.
No cancellation or refund for domains, service license(s) and other addons.
If your domain was registered with Nimbevo and has expired, but you wish to recover the domain, Nimbevo may be able to recover the domain if it is still within the redemption period. To recover a domain name that has expired but which is still within the redemption period, the customer has to pay a redemption fee. Please note that this domain redemption fee does not include the registration price of the domain that will still need to be paid to register the domain for the next year.
a) Shared hosting: Accounts that are 30 days past due will be automatically deleted from our servers. No backups will be provided.
b) Cloud Servers: – If you have no backup for your VPS or dedicated server, we will not be able to provide you a backup by any circumstances.
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
We strictly not allow any type of nulled content including nulled plugins, themes or any script which is pirated or nulled in our servers. If we find any site involved in using nulled content we will be forced to suspend / terminate your account without refund.
Note: Using nulled scripts may result in hack of your site and break down your site security, in this case we will not be responsible from any point!
If your account gets suspended three times due to any of the above scripts, we will be forced to suspend / terminate your account without refund.
a) Shared hosting: We monitor our shared hosting servers 24/7 365 days a year.
b) Cloud servers: We provide monitoring for the cloud servers and dedicated servers which can be ordered as addon with your cloud servers and dedicated servers for an additional fee. If we detect any issues we will open a ticket with detailed explanation of the problem.
a) Accounts with cPanel: We provide free migration for the accounts which use cPanel. If something is wrong with the account after the move and it wasn’t moved correctly it is your responsibility to fix it. If you don’t provide root access to the remote server from which we have to transfer your accounts, we can transfer for free up to 10 accounts per service. For every other account over 10, we will charge you extra depending on disk usage and support staff availability.
b) Other Control Panel Software: We can assist with migration from hosting servers that use other control panel software such as Plesk, DirectAdmin. Or a server with no installed control panel software, however if this is the case, we might require root access to the remote server from which we have to transfer your accounts/sites. And we will provide no guarantee that all the server data is transferred correctly. We also might charge a fee for this depending on the amount of domains/accounts included in the migration request.
Nimbevo provides additional IP addresses for our Cloud Servers, Nimbevo provides dedicated IP addresses for shared hosting upon request. We can provide up to 10 IP addresses per Cloud server, and we may require additional information for what the IP addresses will be used for. There will be additional monthly or setup costs associated with Dedicated IPs and/or Additional IPs this fee changes depending on the Datacenter location and IP availability
Additional IP addresses used to send spam will be suspended immediately.
In the event of a dispute regarding payment, you agree in the first instance to make contact with a representative of Nimbevo Ltd before making contact with your bank, credit card provider or other payment gateway (such as Paypal, OneBip, Stripe). In the event of a dispute, this dispute must be filed with Nimbevo Ltd billing department within a period of one (1) month of the date of invoice generation. In using the services provided by Nimbevo Ltd, you agree to these terms as described above.
In the event a dispute is filed before all reasonable steps taken as described above, Nimbevo Ltd reserve the right to seize any purchased assets up to the value of any loss we are incurred via our merchant providers, close your account, or refer your debt to a third party debt collection agency for resolution. Nimbevo Ltd also further reserve the right to proceed with further civil or criminal proceedings.
Movement of a product or service (including, but not limited to; shared, reseller, VoIP, dedicated servers, cloud servers, managed dedicated servers, unmanaged dedicated servers, domains) to another client account is at the discretion of the manager on duty at the time of the request. We make no guarantees that we will move a product to another client account. We might request additional evidence to the legitimacy of the transfer request. The decisions are final.
Nimbevo Ltd offer a 7 day money back guarantee to all new customers on the first product they purchase with us (up to 60 days for Shared hosting products). If the product in question is not the client’s first order, entitlement will be considered null and a refund will only be granted at the discretion of the Nimbevo representative dealing with the issue. If a client has previously requested a refund within 7 days (up to 60 days for shared hosting products) of previously ordering a product, they are required to wait 12 months before they may request another refund within the refund deadline on any products they order.
In the event of the registration and transfer of domain names, entitlement to a refund after the registration request has been submitted to the registrar (which is immediately after the order is placed) is considered null.
Where a product contains any free gifts such as, but not restricted to: free domain registration, free SSL certificate, free IP address and the free gift has been claimed, entitlement to a refund will be considered null at the time of provision of extra services. Where the product in question is not described above, such in the case of services, customer is only entitled to a refund if the development or deployment of this service has not began, or we are unable to complete the service for whatever reason. However, if we are unable to complete the service because of the user’s actions a refund will no longer be provided. All refunds are at the discretion of Nimbevo Ltd, despite the refund policy declared here.
Payments made via SMS are non-refundable.
In the event of a client’s account being terminated due to non-payment of invoices, breaching any clause of this document or at the discretion of a member of Nimbevo Ltd, an administration charge of £20 per account will be invoiced for investigation of suitable restoration points. If it may be the case that Nimbevo Ltd may fail to identify a suitable restoration point from our automated systems, this charge shall be regarded as non-refundable.
All opinions expressed by employees of Nimbevo Ltd on sites, services and other communication forms external to the official Nimbevo domains (including, but not limited to; nimbevo.com, nimbevo.net, nimbevo.co.uk) are the opinion of the employee and may not reflect the opinion of Nimbevo Ltd or third party partners to Nimbevo Ltd. Suspected breaches of this policy should be e-mailed to [email protected]
a) Free domain promotion:
Nimbevo Ltd offers a free domain (specific TLDs which can be found on the order forms) for hosting orders on specific payment terms per billing term. The free domain remains at no cost to the customer as long as they renew their web hosting service. The free domain remains property of Nimbevo Ltd for a period of 6 months after the initial order. If a customer wishes to transfer the domain away from us during this 6 months, the registration fee must be paid. The customer can transfer the free domain away from us after 6 months at no charge. If the client cancels/fails to renew their product before the 6 month period, and does not pay the registration fee to maintain the domain, Nimbevo Ltd reserve the right to seize and auction said domain name(s).
Nimbevo Ltd provides an affiliate scheme for existing customers to sign up to. By signing up for the service, you agree to adhere to the following terms. You cannot refer yourself using a duplicate account and your own affiliate link. We monitor affiliates closely and will suspend all services that have been used to defraud our affiliate service. Affiliate payouts will be paid after the 60 day commission delay to a verified PayPal account, or to your Nimbevo Ltd client area balance. By referring a user to our service, you cannot attempt to defraud or mislead them in anyway. If a customer requests a refund as per our 7 day (60 days for shared hosting) money back guarantee or submits a charge back where we lose out financially, you will not gain the commission. We reserve the right to remove affiliate status from a customer’s account at any time for any, or no, reason.
You can not use the affiliate link in any spam campaign whatsoever. This will be the cause of your account being terminated immediately.
Nimbevo Ltd shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.
For the purpose of this Clause 22, “EU Data Protection Laws” means EU Directive 95/46/EC, as transposed into domestic legislation of each member state of the European Union and as amended, replaced or superseded from time to time, including by the EU General Data Protection Regulation 2016/679 (“GDPR”) and laws implementing or supplementing the GDPR and, to the extent applicable, the data protection or privacy laws of any other country.
For the purposes of this Clause 16, “Personal Data” means any data from which a living individual can be identified, either from that data alone or where the data is matched with other data. For example, personal data can include information about individuals’ names, dates of birth, addresses, email addresses and bank account details. It can also include a randomly generated unique identifier or an IP address associated with IT equipment used by a sole user.
Nimbevo Ltd agrees to comply with the EU Data Protection Laws at all times in providing you with any services and to only use Personal Data where required to perform such services.
Under the EU Data Protection Laws, you have the following rights in relation to your personal data:
- The right to be informed
- The right of access
- The right to rectification
- The right to erasure
- The right to restrict processing
- The right to data portability
- The right to object
- Rights in relation to automated decision making and profiling
To facilitate the above rights, Nimbevo Ltd agrees to store or record Personal Data in a structured, commonly used and machine-readable form.
Nimbevo Ltd shall promptly and no later than within seven (7) days from request, delete and procure the deletion of all copies of the respective Personal Data save to the extent that the laws of England and Wales requires storage and/or retention of the relevant Personal Data.
Nimbevo Ltd shall implement appropriate technological and organisational measures to prevent unauthorised or unlawful processing of Personal Data and the accidental loss or destruction of, or damage to, Personal Data and will ensure a level of security appropriate to the harm that might result from such unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of Personal Data to be protected.
Nimbevo Ltd shall notify you without undue delay upon Nimbevo Ltd becoming aware of any data breach affecting your Personal Data.
Either you or Nimbevo Ltd may terminate these Terms and Conditions on thirty (30) days written notice to the other party.
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. Nimbevo Ltd may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
Nimbevo Ltd may assign or transfer its contractual rights under these Terms and Conditions. You may not assign or transfer your contractual rights under these Terms and Conditions.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL NIMBEVO LTD OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF NIMBEVO LTD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL NIMBEVO LTD OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL NIMBEVO LTD OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING: (I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS; (II) FAILURE OF THE PRODUCTS TO PERFORM; (III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;
(last updated 12/04/2020 15:00 PM GMT)