1. Agreement to these terms
These Terms of Service ("Terms") form a binding agreement between you ("you", "Customer") and Nubryx ("Nubryx", "we", "us"). By creating an account, placing an order or using any of our services, you confirm that you have read and accept these Terms together with the policies they incorporate.
If you accept these Terms on behalf of a company or other organisation, you confirm that you are authorised to bind that organisation, and "you" refers to it.
The following policies form part of these Terms: the Privacy Policy, Refund Policy, Acceptable Use Policy, Abuse Policy and Service Level Agreement, each published on nubryx.com.
2. Eligibility and your account
You must be at least 18 years old and able to enter into a legally binding contract to use our services.
You agree to provide accurate, current and complete account information, including a valid email address that you check regularly, and to keep it up to date in the client portal. We send service, billing and security notices to that address.
You are responsible for keeping your passwords, API keys and SSH keys confidential and for all activity carried out under your account. Tell us immediately at [email protected] if you suspect unauthorised access.
We may ask you to verify your identity or payment details before activating an order or at any time we reasonably suspect fraud. Orders that cannot be verified may be cancelled and refunded.
3. Our services
Nubryx provides web hosting, VPS hosting, domain registration, SSL certificates, business email, website migration and related technical services. Each service is described on our website and in your order. Resource limits, features and inclusions are those stated for the plan you purchase.
Shared hosting accounts are created automatically once payment is confirmed. Other services, including VPS servers, SSL certificates and business email, may be set up by our team after payment and may require additional information from you.
We may update, improve or replace the technology used to deliver a service. Where a change materially reduces the features of a service you have paid for, we will give you reasonable notice and, if you do not accept the change, a pro-rata credit or refund for the unused period.
4. Orders, billing and renewals
Prices are shown in Indian Rupees (INR) unless stated otherwise. Any taxes that apply to your order are shown at checkout and on your invoice, and the total payable is shown before you pay.
Services are billed in advance for the billing cycle you select. Unless you cancel before the renewal date, services renew automatically for the same cycle and an invoice is issued before the due date.
If an invoice is not paid by its due date, we may suspend the service. Services that remain unpaid may be terminated and their data permanently deleted. Domain names that are not renewed may expire and enter the registry's redemption period, where additional fees apply.
We may change our prices. New prices apply from your next renewal, and we will notify you in advance of any increase to a service you already hold.
Payments are processed by our payment partners. You must not initiate a chargeback for a valid charge; please contact [email protected] first so we can resolve the issue.
5. Your responsibilities
You are responsible for the content, software and data you store or transmit using our services, and for making sure that it, and your use of the services, complies with applicable law and our Acceptable Use Policy.
- Keep your own independent backups of important data. Backups we provide are a convenience and not a guarantee of recovery.
- Keep software you install, including CMS platforms, plugins and themes, updated and secure.
- On self-managed VPS servers you have full root access and are responsible for the operating system, security hardening, firewall rules and installed software.
- Hold the necessary rights and licences for any content or software you use with our services.
- Co-operate with reasonable requests from our team to investigate abuse, security or performance issues.
6. Fair use of shared resources
Shared hosting servers are shared with other customers. Where a plan is described as "unlimited" or "unmetered", it is intended for the normal operation of a website or application and is subject to the Acceptable Use Policy.
If an account uses resources in a way that degrades service for other customers, we may limit the account temporarily and will contact you to discuss options, which may include moving to a more suitable plan such as a VPS.
7. Domain names
Domain registrations are subject to the policies of the relevant registry and of ICANN or the national authority for that extension. You must provide accurate registrant contact information, which may be published or verified as those policies require.
Domain registration fees are paid to registries and are generally non-refundable once the registration is processed. You are responsible for renewing your domains on time.
8. Suspension and termination
We may suspend or terminate a service, with or without prior notice depending on the severity of the issue, if you breach these Terms or our policies, fail to pay, use the service for unlawful activity, or if suspension is necessary to protect our network, other customers or third parties.
Where practical, we will notify you and give you an opportunity to remedy the issue before suspension.
You may cancel a service at any time from the client portal or by contacting support. Cancellation takes effect at the end of the current billing period unless you request immediate cancellation. Refunds, where applicable, are governed by our Refund Policy.
When a service ends, its data is deleted. Download anything you need before cancellation takes effect.
9. Availability and support
We aim to keep our services available at all times and back eligible services with the uptime commitments set out in our Service Level Agreement. Scheduled maintenance is announced in advance where reasonably possible.
Technical support is provided by ticket and email. Support covers the services we provide; assistance with third-party software or custom development is offered on a best-effort basis or as a paid service.
10. Intellectual property
You retain all rights to your content and data. You grant us only the limited permissions needed to host, back up, transmit and display it in order to provide the services.
The Nubryx name, logo, website and client portal, and all related materials, belong to Nubryx or its licensors. These Terms do not grant you any right to use them except as needed to use the services.
11. Limitation of liability
To the maximum extent permitted by law, Nubryx is not liable for any indirect, incidental, special or consequential loss, or for loss of profits, revenue, data, goodwill or business opportunity, arising from your use of or inability to use the services.
Our total liability for any claim relating to a service is limited to the amount you paid for that service in the three (3) months before the event giving rise to the claim. Service credits under the Service Level Agreement are your sole remedy for service unavailability.
Nothing in these Terms limits liability that cannot be limited under applicable law.
12. Indemnity
You agree to indemnify Nubryx against claims, losses and reasonable costs, including legal fees, arising from your content, your breach of these Terms or your violation of any law or third-party right.
13. Changes to these Terms
We may update these Terms from time to time. The current version is always published on this page with its effective date. If a change materially affects your rights, we will notify you by email or through the client portal before it takes effect. Continuing to use the services after that date means you accept the updated Terms.
14. Governing law
These Terms are governed by the laws of India. The courts of Mumbai, Maharashtra have exclusive jurisdiction over any dispute arising from them, subject to any mandatory consumer protections that apply to you.
15. Contact
Questions about these Terms: [email protected]
Technical support: [email protected]
Sales: [email protected]
Billing: [email protected]
Abuse reports: [email protected]