This is the Terms and Conditions for
Self managed unlimited data backup storage
Self managed NAS backup Storage
These terms of service (“Terms”) govern your access and use of Nectar Cloud Ltd services unless otherwise stated so please read them carefully before using the services.
By using the services you agree to be bound by these Terms in their entirety.
If you are using the services on behalf of an organization then you are agreeing to these terms for that organization and are warranting that you have the authority to bind that organization to these terms. In that case “you” and “your” will refer to that organisation. You may use the Services only in compliance with these Terms. You may use the Services only if you have the power to form a contract with Nectar Cloud Ltd and are not barred under any applicable laws from doing so. The Services may continue to change over time as we refine and add more features. We may stop, suspend, or modify the Services at any time without prior notice to you. We may also remove any content from our Services at our discretion.
Your Files and Privacy
Sharing The Services provide features that allow you to share your files with others or to make it public. There are many things that users may do with your files (for example, copy it, modify it, re-share it). Please consider carefully what you choose to share or make public. Nectar Cloud Ltd has no responsibility for that activity.
We may revise these Terms from time to time and the most current version will always be posted on our website. By continuing to access or use the Services after revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new terms, please stop using the Services.
Software and Updates
Some of our Services require you to download a client software package (“Software”). Nectar Cloud Ltd hereby grants you a limited, nonexclusive, non-transferable, revocable license to use the Software, solely to access the Services. Your license to use the Software is automatically revoked if you violate these Terms in a manner that implicates our intellectual property rights. We hereby reserve all rights not expressly granted in these Terms. You must not reverse engineer or decompile the Software, nor attempt to do so, nor assist anyone else to do so. Our Services may update the Software on your device automatically when a new version is available. Your acceptance of such updates is required under the Terms.
You are responsible for safeguarding the password that you use to access the Services and you agree not to disclose your password to any third party. You are responsible for any activity using your account, whether or not you authorized that activity. You should immediately notify Nectar Cloud Ltd of any unauthorized use of your account.
Your General Responsibilities
Files and other content in the Services may be protected by intellectual property rights of others. Please do not copy, upload, download, or share files unless you have the right to do so. You and not Nectar Cloud Ltd, will be fully responsible and liable for what you copy, share, upload, download or otherwise use while using the Services. You must not upload spyware or any other malicious software to the Service. You, and not Nectar Cloud Ltd, are responsible for maintaining and protecting all of your files. Nectar Cloud Ltd will not be liable for any loss or corruption of your files, or for any costs or expenses associated with backing up or restoring any of your files. If your contact information or other information related to your account, changes, you must notify us promptly and keep your information current.
Limitation of Liability
THE SERVICES AND SOFTWARE ARE PROVIDED “AS IS”, AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Nectar Cloud Ltd will have no responsibility for any harm to your computer system, loss or corruption of data, or other harm that results from your access to or use of the Services or Software. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL NECTAR CLOUD LTD, ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT NECTAR CLOUD LTD HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; (B) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES MORE THAN THE GREATER OF £20 OR THE AMOUNTS PAID BY YOU TO NECTAR CLOUD LTD FOR THE PAST THREE MONTHS OF THE SERVICES IN QUESTION. Some jurisdictions in the United States do not allow the types of disclaimers in this paragraph, so they may not apply to you.
You can stop using our Services any time as in Backing up the Data to Nectar Clouds Ltd data centres. You should give 45 days’ notice prior to terminating the contract by email to Nectar Cloud Ltd. Certain Data Backup Services such as NAS Backup (Network Access Storage) have a minimum 12 month (1 Year) contract period. At the end of the 12 months the contract Nectar Cloud Ltd will automatically roll over the contract for a further for 12 months at the date of the anniversary of the contract period. We will confirm the contract period via email from Nectar Cloud Ltd. We reserve the right to suspend or end the Services at any time, with or without cause, and with or without notice. For example, we may suspend or terminate your use if you are not complying with these Terms, or use the Services in any way that would cause us legal liability or disrupt others’ use of the Services. If we suspend or terminate your use, we will try to let you know in advance and help you retrieve data, though there may be some cases (for example, repeatedly or flagrantly violating these Terms, a court order, or danger to other users) where we may suspend immediately. If we terminate your service for breach of these terms no refund of any fees paid to Nectar Cloud Ltd relating to your service will be offered. If we terminate your service for any other reason than breach of these terms, or at our sole discretion, then we may refund unused portion of fees paid for the Services on a pro-rate basis
THESE TERMS AND THE USE OF THE SERVICES AND SOFTWARE WILL BE GOVERNED BY UNITED KINGDOM LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES OR SOFTWARE MUST BE LITIGATED EXCLUSIVELY IN THE COURTS OF LONDON, UK AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE. These Terms constitute the entire and exclusive agreement between you and Nectar Cloud Ltd with respect to the Services, and supersede and replace any other agreements, terms and conditions applicable to the Services. These Terms create no third party beneficiary rights. Nectar Cloud Ltd’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable the remaining provisions of the Agreement will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights in these Terms, and any such attempt is void, but Nectar Cloud Ltd may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services. Nectar Cloud Ltd and you are not legal partners or agents; instead, our relationship is that of independent contractors.
All charges payable by you for the Nectar Cloud Ltd Services shall be in accordance with the scale of charges and rates published from time to time by us on our web site, or as agreed via Nectar Clouds Email to you, errors and omissions excepted, and shall be due and payable in advance of provision of the Nectar Cloud Ltd Services.
80% of the first year’s fees charged for any Nectar Cloud Ltd service relate to the initial setup of your account, provisioning of computer hardware, support and service activation. You agree that, except where otherwise specified in these terms, these fees are not refundable on any basis.
We reserve the right to alter pricing, including ceasing to offer elements of the Nectar Cloud Ltd Services. Nectar Cloud Ltd will inform you by email if the charge for a service is to be altered. You can then decide if you want to continue to use such service. Your continued use of the service after the proposed fee modification has been notified will be considered acceptance of the proposed fee modification.
All fees for our services are due in advance and your contract will automatically renew on its anniversary month, quarter or year, at which point fees for the following month, quarter or year become payable. If you choose to pay by credit or debit card then you authorise Nectar Cloud Ltd to debit your account renewal fees from your card. If you wish to cancel your contract with Nectar Cloud Ltd, you must do so in writing before the renewal of your contract.
All fees paid to us are non refundable except in circumstances set out in these Terms.
You agree not to issue a chargeback via your bank in relation to any fees charged by us. If you do so you accept that you will be liable for our costs in dealing with the chargeback and recovering any fees properly due to us under the Terms.
Please be aware that we may use any feedback, comments, or suggestions that you send us or post in our forums without any obligation to you.
The Software and other technology we use to provide the Services are protected by copyright, trademark, and other laws of both the United Kingdom and foreign countries. These Terms do not grant you any rights to use the Nectar Cloud Ltd trademarks, logos, domain names, or other brand features.
Additional Terms applicable to use of Nectar Cloud Ltd Backup
Some services, including the Nectar Cloud Ltd Backup and Nectar Cloud Ltd Pro Suite package are sold on a per-computer basis and include unlimited data backup for that computer. You are only permitted to backup data stored on a) internal hard drives of that computer, b) externally connected drives, such as USB drives, connected to that computer or c) NAS storage devices attached to that computer. Backing up of NAS storage devices may incur an extra charge on some packages.
There is a limit of 5TB for any single external drive including NAS devices and USB drives.
With the exception of our business service, services that include Nectar Cloud Ltd Backup are not to be used for archiving. You must at all times hold an original copy of the data in the original location on the system it was backed up from. If you delete files from your computer that have been backed up we will remove the corresponding backup from our servers.
You must at all times run the Nectar Cloud Ltd software on any computer that is being backed up and you must ensure this computer connects to the Internet at least once every 30 days. Nectar Cloud Ltd will remove backups for computers that have not connected to the service for 30 days. If you wish to restore data backed up onto our servers we may require up to 72 hours notice. Whilst ordinarily we would expect your data to be available for restore immediately, we reserve the right to archive data in facilities where it may not be available for immediate access.
Terms Applicable to Resellers
The following terms apply to use of the Nectar Cloud Ltd Reseller package available on our website. These terms may not apply to you if you have a agreed specific Terms with Nectar Cloud Ltd:
- You agree to act as a positive ambassador for the Nectar Cloud Ltd brand at all times.
- You must provide an appropriate level of support to your customers by telephone or e-mail. You must not ask your customers to contact Nectar Cloud Ltd at any time. Nectar Cloud Ltd will not offer support or service to your customers.
- Where you advertise services that include Nectar Cloud Ltd services you must at all times deliver the service that has been described to a standard acceptable to Nectar Cloud Ltd
- You are not permitted to use any Nectar Cloud Ltd property including logos, icons, designs and text without our written authorization.
- You may not distribute any aspect of the Nectar Cloud Ltd service free of charge. If you bundle the Nectar Cloud Ltd services with another service this service must not be distributed free of charge.
- You are responsible for ensuring that your customers use the services in accordance with applicable terms within these Terms. We will hold you liable for any breach of our terms by your customers.
- Nectar Cloud Ltd has no contract whatsoever with your customers and will not attempt to contact your customers at any time except where stated in these Terms.
- If you fail to pay fees due to Nectar Cloud Ltd or fail to comply with these Terms then Nectar Cloud Ltd reserves the right to suspend or terminate services to your customers and, at our discretion, to contact your customers to inform them that this has occurred and to offer them alternative services.
- You may not bid on Nectar Cloud Ltd brand keywords in Adwords and other Pay-Per-Click advertising. These include keywords such as “Nectar Cloud Ltd”, “Nectar Cloud Ltd.com” or any other variation or misspelling of “Nectar Cloud Ltd” including bidding on “Nectar Cloud Ltd” with other keywords.
- You may not claim to be Nectar Cloud Ltd or to represent Nectar Cloud Ltd on your website or in any form of media or social media. You must make it clear if you are going to mention Nectar Cloud Ltd that you are a reseller of Nectar Cloud Ltd and are not part of the Nectar Cloud Ltd organisation. You may also not use the name Nectar Cloud Ltd in your domain for any website you own or control or use the name Nectar Cloud Ltd or any variation as your name in any social media that you use.
You agree not to misuse the Nectar Cloud Ltd services. For example, you must not, and must not attempt to, use the services to do the following things.
- Probe, scan, or test the vulnerability of any system or network;
- Breach or otherwise circumvent any security or authentication measures;
- Access, tamper with, or use non-public areas of the Service, shared areas of the Service which you have not been invited to, Nectar Cloud Ltd (or our service providers’) computer systems;
- Interfere with or disrupt any user, host, or network, for example by sending a virus, overloading, flooding, spamming, or mail-bombing any part of the Services;
- Plant malware or otherwise use the Services to distribute malware;
- Access or search the Services by any means other than our publicly supported interfaces (for example, “scraping”);
- Send unsolicited communications, promotions or advertisements, or spam; send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
- Publish anything that is fraudulent, misleading, or infringes another’s rights; promote or advertise products or services other than your own without appropriate authorization;
- Impersonate or misrepresent your affiliation with any person or entity;
- Publish or share materials that are unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred;
- Violate the law in any way, or violate the privacy of others, or defame others.