NuoChenCloud is the hosting service business operated by a Hong Kong-based company, Nuochen Technology Limited. (NCC or we hereafter).
This Terms of Service (or this agreement, hereinafter referred to as) is not independent, it includes and contains the following documents
Acceptable Use Policy
Privacy Policy
By paying for an order or continuing to use any of our services, you signify that you have read, understood and agree to be bound by the terms of service. We reserve the right to change or modify any of the terms and conditions contained herein at any time in our sole discretion and to determine whether and when any such changes will apply to existing and future customers. We may change or modify the policies, fees and guidelines referenced without notice. Your continued use of our Services following any change or modification constitutes your acceptance of such change or modification. You agree to receive any updates to the Terms by visiting our website.
Customer Support
Any support we may provide to you is at our sole discretion and, once commenced, may be terminated at any time without notice or liability to us. We will provide customers with reasonable technical support through our ticket system during normal technical support hours. Notwithstanding any provision to provide customer support at our discretion, we have no contractual obligations beyond maintaining basic server functionality. We will keep customers' services up and running and will process customer support requests within a reasonable response time.
Auto-renew
If you use PayPal to pay for an order or renewal invoice, an automatic payment profile will be created in the PayPal system. Under these payment methods, PayPal will automatically charge for renewals on or around the Service Expiration Date. Even if you unsubscribe from our service on our website, the automatic payment profile will continue to push funds to us unless you go to the PayPal website and unsubscribe from your end. If you fail to cancel your PayPal automatic payment profile after we terminate service, PayPal will continue to deposit funds into our account.
If you have any credit card information on file with us, we will charge that credit card when due to pay the invoices in your account. To avoid unexpected charges to your credit card, you should delete all saved credit card information or cancel services you do not intend to pay for or renew 3 days before the due date. Once your credit card has been charged, we will issue a refund at our sole discretion.
You can contact us to request a refund. You agree that we may deduct payment surcharges, refund processing fees and any other costs (if any) incurred in the payment of the refund from the refund amount.
If you dispute a payment in either of these cases without first contacting us, you will also be responsible for any dispute fees imposed by the payment processor and our labor costs incurred in handling such disputes.
Bandwidth exceeded
Unless expressly stated otherwise, exceeding your allocated bandwidth will result in suspension of service. You are responsible for your service, so make sure you properly secure your password and server to avoid any overage. Bandwidth usage resets on the first of each month or your recurring payment date for service. Customer's service will be automatically unsuspended/reactivated after bandwidth usage is reset.
IP change/blacklist
If you receive an IP address that is blacklisted, you have up to 24 hours of service to report the change to us. Any additional IP changes after this initial 24 hours will incur an IP change fee.
Abuse policy
Customer acknowledges that any prohibited activity described in our Acceptable Use Policy may result in immediate cancellation/termination without refund or notice. However, at our discretion, we generally follow these guidelines:
First offense: Customer contacted; abuse report sent — response required within 24 hours or suspension;
Second offense: Customer's Service suspended; Customer must contact us to appeal abuse report;
Third offense: Customer account closed — all Services will be suspended and terminated.
If the abuse report is from a third party we may or may not require system logs or other evidence of the incident. However, we understands that the legitimacy of these reports are sometimes questionable. We urges Customer to respond in a timely manner so that we can assess each case before making a decision regarding Termination or Suspension.
For each abuse report from a third party we deem reputable, we reserve the right to suspend the related service and/or to levy a fine of up to 500 HKD per report. Unpaid fine may result in prolonged suspension of the reported services and/or other services under the same account.
Refund policy
We offer a full refund for any service that requires cancellation within 48 hours of delivery, with the following exceptions
- Only a customer's first order in a product category may qualify. Refund requests for any subsequent orders are considered case by case at our sole discretion.
- Heavily used services are not refundable. For avoidance of doubt, service that utilizes more than 2% of its allocated bandwidth or 20GB, whichever is smaller, does not qualify.
- Certain fees are not refundable. These include: setup fees, special service fees, payment processing fees, refund processing fees, and other administrative fees.
- Once a service is provisioned, the full amounts of associated setup fees, even if they were discounted or waived when placing the order, can not be refunded.
- No refund in case of abuse.
- Cancelling or terminating a service before requesting a refund disqualifies the service from any potential refunds. Always open a ticket to request refund before cancelling or terminating a service.
- Refund requests raised after the 48-hour-after-provisioning window are considered case by case. Customer agree to forgo any right to refund after the aforementioned 48-hour time.
Disclaimer and Warranty
The Company does not warrant or represent that its services will be uninterrupted, error-free, or fully guaranteed. To the extent permitted by applicable law, the company disclaims any and all warranties, including the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent permitted by applicable law, all services are provided on an Internet provider basis. We do not provide any service level guarantees. Any damages resulting from the interruption or unavailability of our services shall not be grounds for the customer to seek any compensation or remedy from us.
Compensation
Customer agrees to indemnify and hold legal liability for third parties' use of the Customer Services by any person originating from or involving Customer or using Customer's login information (whether or not authorized by Customer to use the Services) for actual or alleged violations of applicable law or the Acceptable Use Policy Any and all claims, demands, liabilities, liabilities, losses, damages, fines, penalties, punitive damages, amounts of interest, expenses and disbursements of any kind and nature (including reasonable attorneys' fees) ), to indemnify and hold harmless the Company, its affiliates and their respective officers, directors, agents and employees. In addition,we expect customers to abide by the policies attached to this Agreement and the laws of Hong Kong and any laws in the country where the customer is located that do not conflict with the laws of Hong Kong. Basically, the customer is solely responsible for its activities and if such activities cause any monetary loss to us or third parties, it is the customer's responsibility to financially correct the situation.
Effective Dates
This Agreement becomes effective once you order our Services and shall stay effective as long as you continue to use our Service or have an account with us. Either you or we may terminate this Agreement at any time for any reason with a 30-day advance notice to the other party.
We reserve the right to immediately terminate this Agreement by and between any Customer believed to conduct, participate in, allow, or facilitate any prohibited activity as described in our Acceptable Use Policy.
If any discrepancy between the translated versions and this English version exists, the English version shall prevail.
