SERVICE AGREEMENT
1. PARTIES
This Service Agreement (“Agreement”) is entered into by and between:
NUAGE TECHNOLOGY LLC, a limited liability company duly organized and existing under the laws of the United States of America, acting through its operations conducted via the website www.nuagedc.com,
(hereinafter referred to as the “SERVICE PROVIDER”),
and
the real or legal person whose information is obtained through the registration form available on the SERVICE PROVIDER’s website by purchasing the SERVICE PROVIDER’s products and/or services,
(hereinafter referred to as the “CUSTOMER” and/or “YOU”).
The SERVICE PROVIDER and the CUSTOMER may hereinafter be referred to individually as a “Party” and collectively as the “Parties.”
2. SUBJECT AND PURPOSE
The subject of this Agreement is to define the terms, conditions, rights, and obligations of the Parties regarding the sale, provision, and use of products and services offered online by the SERVICE PROVIDER via www.nuagedc.com or other websites designated by the SERVICE PROVIDER.
For Customers qualifying as consumers, applicable consumer protection and distance sales regulations shall apply to the extent required by mandatory law.
By approving an order, the CUSTOMER acknowledges and agrees to pay the service fees, taxes, and any additional charges disclosed during the ordering process.
Acceptance of this Agreement electronically constitutes confirmation that the CUSTOMER has read, understood, and agreed to:
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This Agreement
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General Terms of Use
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Privacy & Security Policy
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Operational Working Conditions
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Service-specific agreements (if any)
All of which form an integral part of this Agreement.
3. EFFECTIVE DATE AND TERM
3.1. This Agreement enters into force on the service activation date following the CUSTOMER’s order.
3.2. The term shall correspond to the service period selected during purchase.
3.3. Renewals shall be subject to then-current prices.
3.4. No refunds shall be made for early termination unless expressly required by mandatory law.
4. NOTIFICATIONS
4.1. All notices shall be sent to the CUSTOMER’s registered e-mail address.
4.2. The CUSTOMER is solely responsible for keeping contact details accurate and up to date.
4.3. The CUSTOMER is responsible for all actions performed via the control panel and for safeguarding login credentials.
4.4. The CUSTOMER consents to receiving informational and promotional communications and to being listed as a reference unless otherwise notified in writing.
5. FEES, BILLING, AND PAYMENT
5.1. Fees are those stated at the time of order and exclude applicable taxes unless stated otherwise.
5.2. Payments are due immediately upon ordering unless otherwise agreed.
5.3. Foreign currency payments shall be calculated using the applicable exchange rate on the payment date.
5.4. Failure to collect payment entitles the SERVICE PROVIDER to suspend or terminate services immediately.
5.5. Late payments may incur interest at 2% per month.
5.6. Automatic renewal charges may be applied if enabled by the CUSTOMER.
5.7. All taxes imposed by law shall be borne by the CUSTOMER.
6. TERMINATION
6.1. Either Party may terminate this Agreement immediately in case of material breach not cured within seven (7) days.
6.2. The CUSTOMER may terminate with ten (10) days’ prior written notice; however, all remaining fees shall remain payable.
6.3. Upon termination, the CUSTOMER is responsible for data backup and migration.
6.4. The SERVICE PROVIDER bears no responsibility for data retained after termination.
7. CUSTOMER RESPONSIBILITIES AND LIABILITIES
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Compliance with all applicable laws and regulations
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No resale, transfer, or sublicensing without written consent
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No illegal, abusive, or prohibited activities
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Responsibility for software licensing and data security
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Full indemnification of the SERVICE PROVIDER against third-party claims
8. PHYSICAL ACCESS AND HARDWARE
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Physical access is subject to prior approval
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Unauthorized hardware intervention is strictly prohibited
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The SERVICE PROVIDER may deny access for security or operational reasons
9. INTERNET SERVICES
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Usage is monitored via a control panel
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Service availability depends on third-party providers
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Bandwidth usage may be measured under the 95th Percentile Model
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Excess usage shall be billed additionally
10. PROHIBITED ACTIVITIES
Including but not limited to:
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Spam distribution
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Phishing, hacking, malware
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Intellectual property violations
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Excessive resource consumption
Violation may result in immediate suspension or termination without refund.
11. RIGHT OF WITHDRAWAL (CONSUMERS)
Consumers may withdraw within 14 days unless the service:
12. MISCELLANEOUS
12.1. Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, USA.
12.2. Jurisdiction
Courts of Florida, USA shall have exclusive jurisdiction.
12.3. Assignment
The CUSTOMER may not assign this Agreement without written consent.
12.4. Force Majeure
Neither Party shall be liable for events beyond reasonable control.
12.5. Entire Agreement
This Agreement constitutes the entire agreement between the Parties.
