Terms of Service

This Agreement

These terms of service (the “Terms of Service”) apply to customers of Nirvaris.host and Nirvaris.IO. In what follows, “we” or “us” refers to Nirvaris.host, “you” refers to the individual(s) or organization(s) purchasing or using Nirvaris.host services, and “services” refers to all services, products and accompanying services provided by Nirvaris.host. In addition, “your users” refers to any third parties to whom you grant access to services running within or associated with your Nirvaris.host account.

Nirvaris Ltd is registered in England and Wales, no. 10587626. Our registered office and address for correspondence or any notices is Studio 5, 155 Commercial Street, London, E1 6BJ, United Kingdom. You can contact us and provide notices to us by email at contact@nirvaris.host.

Our Services and Responsibilities

We provide web-application hosting services and data processing in a Linux based operating system.

You must be at least 18 years old to purchase or use our services and in addition to this we reserve the right to refuse service to any person or organization at our sole discretion.

We have taken reasonable care in compiling the content of our website, but make no warranty as to the accuracy of any descriptions of our services on our website (with the exception of the Terms of Service), and we do not accept any liability resulting from any reliance you or any third party may place on such descriptions. In particular, performance descriptions are indicative and not guaranteed. Our prices cannot be guaranteed for any period of time, although in the event that we wish to increase our prices, you will have the rights set out under the Suspension and Termination section below.

We may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

We do not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. We are not an agent, representative, trustee or fiduciary of you or the third party provider in any transaction.

We do not have any obligations to support any software you run on your account, but the services we provide. We do not make any representations, warranties or guarantees regarding data retention, data integrity, service security or service suitability for any purpose. You must not use our services in any safety critical systems.
We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Service Level Agreement (SLA)

All invoices must be paid on the invoice due date. Any invoice that is outstanding may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, we may suspend or terminate your account and pursue the collection costs incurred by us, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. We will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

We guarantee that your stored data and website will be available over the internet for 100% of the time in any given calendar month, except for periods of unavailability due to:

  • Your payments not covering your use, including but not limited to when your subscriptions or balance run out.
  • Acts or omissions of you or your users.
  • Software running within your account.
  • Scheduled maintenance which we have announced at least 24 hours in advance.
  • Factors outside our control, including but not limited to any force majeure events; failures, acts or omissions of our upstream providers or failures of the internet.
  • Actions of third parties, including but not limited to security compromises, denial of service attacks and viruses.
  • Violations of our Acceptable Use Policy.
  • Law enforcement activity.

Privacy Policy

We are committed to respecting and protecting the privacy of our customers.

As our customer, you will provide us with contact and payment information. Contact information includes your name, email address, postal address and telephone number. Payment information includes your credit card number or other payment details. Your information will only be used to support your customer relationship with us, and will never be passed to any third party unless this is necessary to provide services to you or where we are legally required to do so.

You also store and transmit data using our services. Unless you give us explicit permission, we will never inspect your stored data and will only measure the volume of your transmitted data for billing purposes or inspect your transmitted data to investigate suspected violations of our Acceptable Use Policy. We will never disclose your data to any third party unless we are required to do so by court or administrative order.

Liability

Our liability under these Terms of Service will not exceed your bill in the calendar month in which the incident occurred, and you will make no claim against us unless you notify us of the details of the claim within one month of the incident occurring and one month prior to making the claim.

We will not be liable for any losses or liabilities that you may incur as a result of any force majeure event or law enforcement activity. A force majeure event in the Terms of Service is an event that is outside our control and will include but not be limited to fire, flood, earthquake, storm, hurricane or other natural disasters, war, invasion, act of foreign enemies, hostilities (whether war is declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, terrorist activities, nationalisation, government sanction, blockage, embargo, labour dispute, strike, lockout or interruption or failure of electricity or other utilities.

With the exception of losses with regard to fraud on our part and personal injury, we will not be liable for any consequential losses which you or your users may suffer as a result of our breach of these Terms of Service, such losses including but not limited to economic loss, loss of goodwill or reputation, and loss of or damage to data.

Your Responsibilities

If you are a consumer, then nothing in this agreement excludes any rights which you may have under English consumer protection law.

You are responsible in all respects for your use and your users’ use of our services. Without limitation, this includes:

  • All data stored and transmitted from and to your account.
  • Any operating systems and/or software on your account.
  • Web sites, email messages and other data hosted on your account.
  • With regard to data protection laws, you are the data controller for all data stored in your account or transmitted by your account.

You are responsible for maintaining any required backup copies of data stored in your account. We do not make or maintain backup copies on your behalf.

You must receive and read all email sent to “postmaster” and “abuse” in every mail domain which you host on our infrastructure. We recommend that you also receive and read all email sent to “hostmaster” and “webmaster”.

You will not disclose your password or security key to third parties for any purpose. If your account is compromised by third parties, then you will notify us immediately at support@nirvaris.host and you will change any passwords and reinstall any software which may have been compromised. In absence of such notification or manifest error, we will accept your security key as authority to make any changes to your account.

You will indemnify us and keep us indemnified from and against all claims, costs (including legal costs), damages, expenses, losses and liabilities incurred by us or due to third party claims against us as a result of, or in connection with your breach of any third party rights, including but not limited to any infringement of third party intellectual property rights.

Compliance with Law

You undertake that your use and your users’ use of our services does not and will not violate any applicable laws and that you will not permit any such violations by others.

We are not responsible for any use which you or your users make of our services, nor any charges that you or your users may incur with a third party. You will indemnify us against any liability for any action that you undertake that does or may breach any applicable laws and any costs (including our legal fees and a commercially reasonable additional charge for our time), claims, damages, expenses, losses and liabilities resulting from such breach.

Acceptable Use Policy (AUP)

We do not permit the use of our services for actions or activities which, at our sole discretion, may be illegal, offensive, abusive or contrary to accepted internet norms or threaten our infrastructure. We will take any actions necessary to enforce these prohibitions, including those listed under the Suspension and Termination section below. The uses which are not permitted include but are not limited to the following:

  • We prohibit all uses of our services which appear to us at our sole discretion to be illegal under any applicable laws. This includes but is not limited to:

    • Storage or transfer of illegal material, including material which it is illegal to transmit over a public telecommunications network.
    • Involvement in fraudulent activities.
    • Misuse of our or other computer systems.
    • We prohibit uses of our services which appear to us at our sole discretion to be offensive.
  • This includes but is not limited to storing or transmitting any content or links to any content which we believe to be:

    • Pornographic.
    • Excessively violent, inciting violence or threatening violence.
    • Harassing or inciting hate of any person or group of persons.
    • Defamatory.
    • Violating the privacy of any person or group of persons.
    • Promoting or soliciting illegal activities under any applicable laws.
    • Exposing trade secrets, infringing copyright, trademarks or patents or assisting others in doing so.
    • Unfair or deceptive under consumer protection laws.
    • Creating a risk to safety, health or national security.
  • We prohibit all uses of our services which appear to us at our sole discretion to be abusive or contrary to accepted internet norms. This includes but is not limited to:

    • Sending of unsolicited bulk/commercial email (spam).
    • Excessive posting on web forums, news groups, chat services or IRC.
    • Publishing of websites or other material which are advertised by techniques (including but not limited to spam) which we would classify as abuse if they were carried out via us.
    • Distribution of viruses, adware or other malware.
    • Fraudulent collection of personal or financial data (phishing).
    • Unauthorized access to or misuse of data, computer systems or networks.
    • Unauthorized probing, scanning or testing the vulnerability of computer systems or networks.
    • Interference with service to other users of computer systems or networks, including denial of service attacks.
    • Unauthorized interception or monitoring of network traffic.
    • Transmitting fake or misleading network traffic, including forged IP packets or email headers.
    • Any conduct likely to result in retaliation against us, including engaging in behaviour that results in a denial of service attack.
  • We prohibit all uses of our services which appear to us at our sole discretion to threaten our infrastructure. This includes but is not limited to:

    • Usage which imposes excessive load beyond that expected from a typical server. For example, continuous high CPU or I/O use.
    • Software configurations with inadequate security, allowing unauthorized third party access.
    • Attempts to circumvent our mechanisms for controlling, monitoring or billing usage.
    • You will ensure that all use of our services, whether by you or by any of your users, follows the Terms of Service. In addition, you will bind your users to an acceptable use policy containing all of the restrictions above.

You are responsible for all scripts, data and other objects on their accounts. Abusive scripts are scripts which interfere with our systems and/or the accounts of other customers, cause harm to any other computer system or user, or engage in any type of fraudulent activity. Any account found to be the source of abusive scripts will be immediately suspended and investigated, and subject to action as detailed under Illegal Content below. We will always notify customers and, where necessary, fully co-operate with the authorities.

Alteration of Terms of Service

The current version of the Terms of Service will be the version available on our website at https://www.nirvaris.host/terms-of-service.html. However, we reserve the right to alter the Terms of Service at any time. In the event that we alter the Terms of Service, you will have the rights set out under the Suspension and Termination section below.

Suspension and Termination

You may terminate your account with us in the following situations:

At any time, provided that you give us at least 20 Business Days notice (Business Days in the Terms of Service shall mean a day other than a Saturday or a Sunday on which banks are open for business in London). We will not provide a refund for any unused payments unless you are a consumer as set out in The Consumer Protection (Distance Selling) Regulations 2000 and you notify us in writing at our correspondence address that you wish to cancel your agreement within the statutory seven working day cancellation period.

Your account will be automatically suspended when you have an outstanding invoice for 10 days. When your account is suspended, all your services will stop to work and your custom DNS records will be deleted. When you pay your outstanding balance, your account is automatically unsuspended and you must add your custom DNS records manually.

Your account will be terminated if you have an outstanding balance for more than 30 days. When your account is terminated, all your data will be deleted.

We may at our sole discretion, immediately and without notice, terminate or suspend for a period of time all or part of our services to you, including deleting your stored data, in the following situations:

In the event that you or your users violate our Acceptable Use Policy, any other provision of the Terms of Service or any applicable laws. In the event of termination or suspension in this situation, you will not be entitled to any refund. In addition, we will have the right to recover from you any costs resulting from the violation, including our time which we and you agree will be charged at a rate of £1,000 per day and which we and you agree is a genuine pre-estimate and commercially reasonable; any legal fees that we incur; and a commercially reasonable additional charge for the violation itself.
In the event that your payments do not cover your use, including but not limited to when your subscriptions or prepaid balance run out.
We may at our sole discretion, terminate or suspend for a period of time all or part of our services to you, including deleting your stored data, where we have provided you with at least 30 calendar days notice. In the event of such termination or suspension, we will refund the unused portion of your payment.

Notice

You will ensure that your email address, postal address and other contact details specified in your online account settings are kept up to date at all times, particularly as we will send critical correspondence to you at your email address. Where necessary you will act on any correspondence sent to you within three Business Days of when it is sent.

In the absence of evidence of earlier receipt, a notice or other communication is deemed given: if sent by email at one hour after the email has been sent; if delivered by hand, at the time of delivery; if sent by post (other than air mail), at midday on the second Business Day after posting it.

Governing Law and Jurisdiction

These Terms of Service and all other legal relationships between you and us will be governed by and construed in accordance with English law. The courts of England are to have exclusive jurisdiction to settle any dispute arising out of or in connection with these Terms of Service and any proceedings will be brought in the English courts. We and you irrevocably submit and agree to submit to the jurisdiction of the English courts. We and you irrevocably waive any objection which we or you may at any time have to the English courts being so nominated and agree not to claim that the English courts are not a convenient or appropriate forum.

The illegality, invalidity or unenforceability of a provision of the Terms of Service under the law of any jurisdiction does not affect: the legality, validity or enforceability of any other provision of the Terms of Service in that jurisdiction; or the legality, validity or enforceability of that or any other provision of the Terms of Service under the law of any other jurisdiction.