The use of services provided by NepalCloud on nepalcloud.com.np constitutes agreement to the following Terms and Conditions.
We make no representation that the domain name you wish to register is capable of being registered by or for you or that it will be registered in your name. You should not assume registration of your requested domain name(s) until it is shown active and you make a Full Payment.
The registration and use of your domain name is subject to the terms and conditions of use applied by the relevant naming authority; ICANN in the case of .COM/NET/ORG and other regional domain authorities for the various country specific domains, you shall ensure that you are aware of those terms and conditions and that you comply with them. You shall have no right to bring any claim against us in respect of refusal to register a domain name. Any administration charge paid by you to us shall be non-refundable inspite of refusal by the naming authority to register your desired name.
We shall have no liability in respect of the use by you of any domain name; any dispute between you and any other person must be resolved between the parties concerned in such dispute. If any such dispute arises, we shall be entitled, at our discretion and without giving any reason, to withhold, suspend or cancel the domain name. We shall also be entitled to make representations to the relevant naming authority but will not be obliged to take part in any such dispute.
We shall not release any domain to another provider unless full payment for that domain has been received by us. All charges payable by you for the Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site and shall be due and payable in advance of our service provision.
Without prejudice to our other rights and remedies under this Agreement, if any sum payable is not paid on or before the due date, we shall be entitled to suspend the services provided to you.
You shall indemnify us and keep us indemnified and hold us harmless from and against any breach by you of these terms of business and any claim brought against us by a third party resulting from the provision of Services by us to you and your use of the Services.
If you fail to pay any sums due to us as they become due, we may suspend the Services and/or terminate this Agreement forthwith without notice to you.
If you break any of these terms and conditions and you fail to correct the breach within seven (7) days following written notice from us specifying the breach, we may terminate this Agreement forthwith.
If you are a company and you go into insolvent liquidation or suffer the appointment of an administrator or administrative receiver or enter into a voluntary arrangement with your creditors, we shall be entitled to terminate this Agreement forthwith.
On termination of this Agreement or suspension of the Services we shall be entitled immediately to block your Web Site and to remove all data located on it. We shall be entitled to delete all such data but we may, at our discretion, hold such data for such period as we may decide to allow you to collect it at your expense, subject to payment in full of any amounts withstanding and payable to us.
NepalCloud is not responsible for any damages your business may suffer. NepalCloud does not make implied or written warranties for any of our services. NepalCloud denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by NepalCloud.
NepalCloud reserves the right to refuse service to anyone.
All services rendered by NepalCloud are non-refundable. This includes, but is not limited to: setup fees, one time fees, monthly service fees, upgrade fees, additional service fees, administrative fees, and late fees. Customer agrees not to chargeback or dispute any credit card or PayPal payments for services rendered. A chargeback or dispute of payment for services rendered will result in an additional charge of Rs. Twenty Thousand ("Rs. 20,000") and will be subject to collection by an authorized collection agency. Disputes or chargebacks will result in immediate service termination. Customer is responsible for any fees and costs (including, but not limited to, reasonable attorneys' fees, court costs and collection agency fees) incurred in enforcing collection.
Any funds sent to NepalCloud which are in excess of the amount owed can only be reimbursed in credit and cannot be refunded.
By purchasing any product from NepalCloud Business Solutions Pvt. Ltd. ('NepalCloud'), you ('Customer') agree to allow us to use your name and logo for branding purposes. This includes, but is not limited to, displaying your name and logo on our website, marketing materials, and templates. This use is granted indefinitely, unless you request in writing for us to cease such use, at which point we will comply within 30 days of receiving your request.
Immediately upon successful payment you will receive an automated receipt from our systems. Please print and retain a copy of this and retain in a safe place for future reference. Your unique email will be on this receipt and should be used for any enquires to NepalCloud.
Please note that we aim to deliver all goods as soon as the signup is complete. If we will be unable to adhere to this you will be informed via email or telephone or both. Payment will be deducted when services are delivered.
All orders are delivered electronically via email. If you have any questions about your order please contact us at support@nepalcloud.host or use the support portal.
NepalCloud aims to respond to all enquiries within 24 hours.
Please check regulations in the country you are in to see if these products are allowed for import into your country.
We will not add charges to customers using either VISA or Mastercard card schemes. The final price will be the same regardless of payment method.
NepalCloud may perform additional verification on orders via telephone, SMS or other fraud detection systems.
The Service is provided to authorised persons or organisations (referred to in this document as "Subscriber" or "you"). Any use of the service is subject to any restrictions listed below. By using the Service, you agree to be bound by all of these Terms and Policies. If you do not agree to be bound by these Terms and Policies, you must cancel your account immediately and may not thereafter use or attempt to use the Service.
Coverage – If you are an individual Subscriber, these Terms and Policies apply to all persons who gain access through your account. If you are a commercial Subscriber, these Terms and Policies apply to all your employees, agents and/or customers. In either instance, a violation of these Terms and Policies by anyone using your account will be treated as a violation by you.
Prices and Charges – NepalCloud provides the use of cPanel and backyard to you free of charge, but if through misuse or through abuse on your part we incur any charges, we reserve the right to pass these charges on to you.
Term – The Service is provided to you for as long as you wish to use it, however we withhold the right to terminate the service if you use it in a way that violates the terms of use.
We do not share any details of any of the user's services with us unless we have a written report from verified governmental or enforcement agencies. The condition doesn't applies on any Abuse Case reported to us by Upstream Provider.
It is acknowledged by users of NepalCloud services that these resource allotments are optimized and dedicated towards serving web documents and self-need email / FTP services and is not to be used as offsite storage area for electronic files, or as a provisioning service for third party email or FTP hosts. All downloadable files or files stored on the server must be available for download via a HTML document stored on the Internet in a publicly or privately accessible area, and must be directly related to the general nature of the website index. Illegal content such as pirated software, music or other media are strictly prohibited and are not allowed on NepalCloud servers.
Resources such as MySQL databases, subdomains, POP3 mail accounts, SMTP mail accounts, FTP accounts should not be used and created in such a way that can potentially have adverse effects on the normal optimal operation of our services.
Accounts should not exceed the limits as enforced by CloudLinux on our servers:
CPU Usage: As stated on plan
pMEM: As stated on plan
vMem: As stated on plan
Entry Processes: As stated on plan
I/O: As stated on plan
If NepalCloud in good faith believes your resource usage (CPU / hard drive and network connectivity usage) is and/or will potentially have negative effects on the normal optimal operation of our services, we reserve the right to request you to upgrade to a dedicated server or a higher plan.
Run stand-alone, unattended server-side processes at any point in time on the server. This includes any and all daemons, such as IRCD.
Run any software that interfaces with an IRC (Internet Relay Chat) network.
Run any bit torrent application, tracker, or client.
Participate in any file-sharing/peer-to-peer activities
Run any gaming servers such as counter-strike, half-life, battlefield, etc.
Run cron entries with intervals of less than 15 minutes.
File quota limits are enforced to ensure system operating integrity and reliability and are limited to 300,000 files on Linux plans.
NepalCloud takes a zero-tolerance approach to the sending of Unsolicited Commercial Email (UCE) or SPAM over our network. Very simply this means that customers of The Company may not use or permit others to use our network to transact in UCE. Customers of NepalCloud may not host, or permit hosting of, sites or information that is advertised by UCE from other networks. Violations of this policy carry severe penalties, including termination of service.
Invoices for renewal of a service is generated 14 days prior to the end of current term and is due on the date mentioned as the due date on the invoice.
Once an invoice is overdue, i.e past its due date a late fee of 10% but no lesser than Rs.300 will be applied to the invoice.
Service associated to an overdue invoice will be suspended after a period of 3 days and terminated and all data removed after 7 days if the invoice continues to remain unpaid.
Cancellation requests must be submitted through the client area. To do this, open a ticket with our Billing & Accounting department or Generate a Cancellation Request in Client Area.
Cancellations must be submitted before the invoice for that billing cycle is generated or at least 7 days before renewal.
NepalCloud offers free Migration services as a courtesy with our cPanel hosting services. Additional number of accounts migrated would incur a fee. Migration services are not available for Unmanaged VPS or Dedicated server customers or customers not coming from a cPanel environment.
NepalCloud performs nightly backups of shared, semi-dedicated and reseller servers; however, these backups are for NepalCloud's administrative purposes only, and are in NO WAY GUARANTEED! Customers are responsible for maintaining their own backups on their own personal computers.
These Terms and Policies may be amended in any respect at any time by NepalCloud upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies.
