Provider's Area of Responsibility
1.1. Problems related to the operating system or any software installed on the virtual server by the client are the client's responsibility.
1.2. Problems related to servers and communication are the company’s responsibility.
Provider's Rights and Duties
2.1. The company provides technical support services to clients through their personal account based on the rates published on the company’s official website https://nex.az.
2.2. The company is not responsible for the operation of third-party software on the company’s servers, including software acquired from the company.
2.3. The company’s services are provided "as is"; the company reserves the right to review the rules for providing services, including pricing policies and tariff features, at any time without prior notice and unilaterally. New rules come into effect from the moment they are published on the company’s official website.
2.4. The company undertakes to ensure the proper functioning of the servers and to resolve any malfunctions as quickly as possible.
2.5. The company does not guarantee 100% uptime for the network and servers.
2.6. All planned maintenance, updates, and similar activities are carried out between 4:00 and 10:00 Baku time. Force majeure situations and unplanned work are not covered by this clause.
2.7. The company is not responsible for the inability to access services due to third parties’ fault.
2.8. The company reserves the right to suspend customer services and servers: for planned maintenance, DoS and network attacks, natural disasters, and other force majeure circumstances.
2.9. The company has the right to change service prices upwards or downwards by notifying the customer via pre-registered email.
2.9.1. Network connection speed for virtual servers is not guaranteed. The provider reserves the right to apply a 1-hour speed limit to virtual servers if high network load negatively impacts the network connection speed of other customers’ virtual servers.
Customer Rights and Responsibilities
3.1. The company has the right to suspend service provision and block the customer without a refund if there is a complaint and/or other issues (e.g., network scanning, outgoing DoS attacks) are not addressed by the customer.
3.2. The customer has the right to use the hosting service for any purpose, except for purposes that violate international legal norms and the legal regulations of the hosting country related to intellectual property.
3.3. Access to the server is provided to the customer (unless otherwise stated), and the customer is fully responsible for it.
3.4. The customer has the right to install and use any software on their server, provided it is legal and does not violate copyright and related rights or the current legislation of the hosting country and international legal norms.
3.5. The customer must monitor the compliance of all hosted materials, software used, and content hosted on the server, and is responsible for compliance with current Azerbaijani legislation.
Payment Terms
4.1. If payment for the next hosting period is not made, the company will suspend the provision of services.
4.2. Services are provided with 100% payment terms within 2 (two) working days from the day the services are paid for.
4.3. Commissions for intermediaries and payment systems may be added to the payment.
Prohibited Content and Software
5.1. In case of heavy load on the internet channel, the provider has the right to unilaterally change the IP of the customer’s server unless otherwise stated.
5.2. Mass mailing is prohibited except in cases permitted by the company itself.
5.3. Posting of information that is contrary to Azerbaijani laws, including civil legislation regulating intellectual property rights, and/or prohibited information is prohibited.
5.4. Installing programs for botnets, grabbing, phishing, and other purposes contrary to legal use on the internet is prohibited.
5.5. Posting services that can assist in illegal activities on the internet (including paid or personal access) is prohibited.
5.6. Posting pornography, including links and advertisements containing pornographic scenes, is prohibited.
5.7. Posting network scanners, proxy checks, and similar software is prohibited.
Termination of Services at the Company’s Initiative
6.1. The service provider reserves the right to immediately suspend the provision of services without notice based on its discretion:
6.2. If the customer provides deliberately false information or refuses to confirm it;
6.3. Defamation, dissemination of personal information, including third-party personal information; violation of intellectual property rights, including copyright and related rights of the company and third parties; and violations related to personalization tools;
6.4. Unauthorized distribution or copying of copyrighted software, violations of Azerbaijani legislation, other international norms and treaties, export restrictions, fraud, trade in pornography, drugs, and other illegal activities;
6.5. Posting pornography in any form, including links to other pornographic content sites;
6.6. Violation of privacy, personal, family secrets, and other rights; defamation and offensive information, incitement to interethnic hatred, murder, terrorism, violence in any form, and other illegal actions;
6.7. Hindering the normal and stable operation of servers, network resources, and the company’s overall operations;
6.8. Incorrect communication with company staff, including the use of profanity and dissemination of negative information about the company;
6.9. The company has the right to transmit customer information to law enforcement authorities upon official request.
Provider's Liability
7.1. Website owners and other customers accepting these Terms of Use independently determine the content of the materials posted on the internet. The company is not responsible for the customer’s infringement of third-party rights, including intellectual property rights.
7.2. If the customer violates current legislation (including civil legislation regulating intellectual property rights), the company will notify the customer by email after receiving a notification or claim from third parties. This requirement must be fulfilled within 5 (five) days from the moment the company sends the message to the customer’s email. This period starts the day after the company sends the message.
7.3. If the customer does not comply or remains inactive within the 5-day period, the company has the right to refuse to perform the contract and suspend the provision of services.
7.4. In the event of a court review of disputes related to the infringement of third parties’ intellectual rights, if both property and non-property claims are satisfied against the company, the customer who posted or was responsible for the intellectual property results or personalization tools in the information and telecommunications network (including the Internet) must compensate the company fully within 5 (five) calendar days from the date of the court decision.
7.5. The company is not responsible for the choice of the customer’s operating system, software, and the consequences that may arise from it.
7.6. The company is not responsible for any direct or indirect damage, data loss, business reputation, and other types of harm.
Refund Policy
8.1. The customer has the right to cancel the contract and receive a refund for unused days of the company’s services, except for VPS-1 and VPS-2 tariff services, provided the terms of use are not violated. Remaining unused funds will be refunded after at least 30 (thirty) calendar days.
8.2. If fraud or violation of the terms of use is detected by the customer, the company has the right to refuse a refund.
8.3. Refunds due to reconciliations must be made within 10 (ten) working days.
8.4. Costs for installing third-party control panels, additional IP addresses, and other additional services are non-refundable. Refunds are only possible for virtual servers.
8.5. The company has the right to refuse a refund if the Terms of Service are violated.
8.6. In cases where the customer’s actions cause direct or indirect harm to the company (e.g., server, network, etc.), the amount of expenses will be deducted from the refund amount.
8.7. If less than 14 days have passed since the receipt of the service, the company has the right to refund 50% of the amount required for the refund.
8.8. The company reserves the right to deduct a 15% commission for the processing of withdrawal requests from the customer’s service account or for processing withdrawal requests.
8.9. When funds are refunded, the payment system’s commission is deducted.
8.9.1. Refunds are only possible for the data for which the payment was made.
8.9.2. Refunds to cryptocurrency wallets are not possible for amounts less than 100 AZN.
8.9.3. VPS-1 and VPS-2 tariff services cannot be modified or refunded regardless of the number of unused rental days.
Service Level Guarantee
9.1. Compensation is only calculated in the form of additional service days and cannot be paid in cash.
9.2. The company ensures that hosting servers are at a 99.9% level of uptime per month.
9.3. In case of violation of clause 9.2 of this offer, compensation will be provided to the customer in double amount for each full day (24 hours) of service.
Date: 19.07.2024
Website: https://nex.az
