Last updated on 21 September 2018 (Refer to Article 27 for more information)
Nuagerie, Inc and https://www.nuagerie.com/ (hereinafter “Nuagerie Web Site“), are operated by NUAGERIE INC (hereinafter “Nuagerie“). These Terms and Conditions of Service (hereinafter “Terms and Conditions“) are applicable to your access of the Nuagerie Web Site, and to your use of the services offered through the Nuagerie Web Site. By using any of the services or products provided or serviced by Nuagerie, either directly or through a reseller, you acknowledge that you have read, understood, and agree to be bound by our Terms and Conditions.
The present Terms and Conditions are effective as of 20 September, 2018 and apply to all users.
You must read and accept the present Terms and Conditions, Privacy Policy and Acceptable Use Policy and other policies applicable to other services, found at https://www.nuagerie.com/en/legal before you can use the Nuagerie Web Site or any Nuagerie services. By accessing and continuing to use the Nuagerie Web Site, you confirm your agreement to be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not access or use the Nuagerie Web Site. Nuagerie may need to modify these Terms and Conditions from time to time, to adapt to changing technologies, laws and/or regulations. Nuagerie may choose to provide the Client with a prior written notice if the changes significantly impact the Client’s services, but Nuagerie will do this solely at its own discretion and is in no way obligated to provide notice. Any changes to the Terms and Conditions shall enter into force within thirty (30) days of their publication on the Nuagerie Web Site.
The services offered through the Nuagerie Web Site are available only to persons who have the legal capacity to contract, among others, without limiting the generality of the foregoing, our services are available only to persons aged 18 and over. If you are under the age of 18, you can use the Nuagerie Web Site only with the permission and under the supervision of your parents or legal guardian. Nuagerie also reserves the right to restrict the use of the Site to members who have been temporarily or permanently suspended. If your registration is made on behalf of a corporation, you certify that you are a duly authorized representative of that corporation.
You can create an account by filling in the form provided on the Nuagerie web site. Fees associated with our services can also be found on our web site.
You agree to maintain accurate information in your Client Area profile at https://www.nuagerie.com/client-area while you are using Nuagerie services. This includes your full name, current address, phone number and working email address. You agree you to update your information in your Client Area within ten (10) business days when the information you provided as part of the application and/or registration process changes. You agree that Nuagerie may use and rely on any such information provided by you for all purposes in connection with your services, subject to Nuagerie’s Privacy Policy (https://www.nuagerie.com/en/legal/privacy-policy). Should you provide any information that is inaccurate, misleading or incomplete, or if Nuagerie has reasonable grounds to suspect that your information is inaccurate, misleading or incomplete, Nuagerie has the right, in its sole discretion, to suspend or terminate its services and close your account.
You agree to use your account solely for lawful purposes and agree that you are fully responsible for all content and data on your account. You agree that you are fully responsible for maintaining the confidentiality of your customer number and login information, password, credit card number (collectively the “Account Access Information”). You agree that you are entirely responsible for any and all activities that occur under your account. You agree to notify Nuagerie immediately of any unauthorized use of your account or of any other breach of security. You agree Nuagerie will not be liable for any loss that you may incur as a result of someone else using your Account Access Information, either with or without your knowledge. You also agree that you could be held liable for losses incurred by Nuagerie or another party due to someone else using your Account Access Information. Nuagerie advises you keep your Account Access information in a secure location and take precautions to prevent others from gaining access and/or using your Account Access Information. You may not, under any circumstance, compromise the security of your account or of the Nuagerie infrastructure in any way. While Nuagerie has several measures in place to increase the availability and reliability of the data stored on its servers, you agree to maintain your own backup copies of all data stored on our servers and not to hold Nuagerie liable for any errors or interruption of services, whether within or outside of Nuagerie’s reasonable control.
You agree that you are solely responsible for the content stored on and served by your hosting accounts. You further agree that you are responsible for all activity in your account, whether initiated by you, by others on your behalf, or by any other means. Nuagerie disclaims liability for any activity in your account, whether authorized by you or not. For details on unauthorized activities, please consult our Acceptable Use Policy, available here: https://www.nuagerie.com/en/legal/acceptable-use-policy
Any service contract is automatically renewed at the end of each payment period. You may cancel your account and prevent an automatic renewal by requesting a formal cancellation through the Client Area on our Web Site at least 10 days prior to your service’s expiry date. The cancellation request must include all the necessary details to allow a Nuagerie agent to properly identify the account in question, including your full domain name and hosting account type. You agree to comply with all the present Terms of Services and understand that Nuagerie may need to suspend or terminate without prior notice any accounts that do not comply with these Terms and Services in order to maintain a safe and secure environment for our clients.
Nuagerie performs regular courtesy backups of data stored on most shared hosting accounts. Backups are offered as a courtesy service and are not guaranteed. Under no circumstance will Nuagerie be held responsible for any loss resulting for incomplete or incorrect backups. The Client is solely responsible for making regular and complete backups on their own computers of all data stored on Nuagerie servers. Accounts using more than their allotted Gigabytes of disk space or inodes may have their backup service automatically disabled in order to maintain system performance. On these accounts, courtesy backups may be reactivated by freeing up additional disk space and then contacting our Customer Service team.
Nuagerie is committed to your privacy, and does not sell, trade or give out your personal information unless required as part of your service contract or by law. For our complete privacy policy, please consult https://www.nuagerie.com/en/legal/privacy-policy.
In a shared web hosting environment, several clients must share server resources. As such, it is important not to use your hosting account in any way that may negatively affect other Nuagerie clients. Our Acceptable Use Policy (hereinafter “AUP”) describes what is and what is not allowed on our servers, and is available at https://www.nuagerie.com/en/legal/acceptable-use-policy.
Domain name registrations, renewals, and transfers must respect our Domain Names Policy, which can be found at https://www.nuagerie.com/en/legal.
If purchased in conjunction with certain types of domain names, the ID Protect service is intended to shield the customer’s personal information from the public domain name information database, called the « WHOIS » database, by replacing the customer’s information with the confidentiality services information. The ID Protect service cannot prevent information from being published by third parties, nor does it remove any public « WHOIS » information that may have been saved and published by other parties prior to the purchase and activation of the ID Protect service. The ID Protect service is not available for all domain types (TLDs). The ID Protect service is non-refundable and is not covered by our money-back satisfaction guarantee. The Client must maintain accurate contact information in their private Nuagerie profile at all times, as stipulated by ICANN rules and regulations.
The use and installation of Comodo, Symantec, GeoTrust, Thawte, and Certum SSL Certificates offered by Nuagerie are subject to the terms and conditions of their respective companies. SSL Certificates can only be installed on hosting accounts having their own dedicated IP address. If a dedicated IP address was not purchased prior to, or at the same time as, the SSL certificate, you will be unable to install and activate your SSL certificate on your hosting account until you have purchased and received confirmation of activation of a dedicated IP address. Following an SSL purchase, a Nuagerie technician will request a certificate from the corresponding company (depending on the certificate) and attempt to complete its installation on your account within 72 hours. Your Web Site may experience several hours of downtime during the SSL installation process. Unless otherwise requested prior to the installation, an SSL certificate will be installed and will work exclusively with the address https://primarydomain.com, where primarydomain.com will be your domain name on which the SSL certificate installation was requested. A maximum of one (1) SSL certificate can be installed per hosting account and per IP address. SSL Certificates are non-transferable, non-refundable and are not covered by our money-back satisfaction guarantee.
The Web Development Help Service is a paid service offered by Nuagerie in order to assist you with advanced technical issues relating to their web sites, outside of the scope of our standard technical support. The Web Development Help Service is billed by the hour, at an hourly rate established on Nuagerie’s Web Site or through written communications prior to the start of work. If a phone consultation is required, a support agent will be made available at a phone number that will be provided to you for a maximum of 50 minutes, at a time that is convenient to both you and our staff. We cannot place outgoing calls outside of North America and cannot receive incoming calls outside of our regular work hours, which are from Monday to Friday, 9AM-5PM Eastern Standard Time, and exclude holidays. Nuagerie cannot guarantee any specific results with their Web Development Help Service. While our technician will attempt to complete the given task in the time they have available, the results will depend entirely on the complexity of the project and the time-frame available. If our technician is unable to complete the required work in the allotted time slot, you will be informed of this and will have the option of ordering additional work-hours of the Web Development Help Service. The Webmaster Help Service is non-refundable and is not covered by our money-back satisfaction guarantee. The first hour of Web Development Help fees must be paid prior to the start of the work, and additional hours incurred must be paid in full within five (5) days of the work being performed.
All dedicated IP addresses assigned to you must be maintained by you in a manner that confirms to the norms and regulations set forth by ARIN (https://www.arin.net/policy/nrpm.html), and must be used at 80% within 30 days of being assigned. At the outset, unless otherwise noted, you will be assigned a shared IP address. Afterward, if justified, you may obtain one (1) dedicated IP address per hosting account, at additional cost. The only two valid justifications for a dedicated IP address according to ARIN are (1) to install an SSL certificate or (2) to configure an anonymous FTP server. Nuagerie reserves the right to evaluate the pertinence of any dedicated IP address request, and deny such requests if they do not comply with ARIN regulations. Nuagerie retains at all times full control and rights to the IP addresses assigned to you, and reserves the right to modify or remove assigned addresses with prior notice. A dedicated IP address change may incur an unavailability of your web site lasting up to 24 hours, due to DNS propagation.
Nuagerie will make every effort to help you move your site to us within 48 hours of your order. However, transfers are provided as a courtesy service, and Nuagerie can not make guarantees regarding the availability, possibility, or time required to complete an account transfer. Each hosting company is different, and some hosting platforms save data in an incompatible or proprietary format, which may make it difficult if not impossible to migrate some or all account data. We will try our best, but in some cases, we may be unable to assist you in a transfer of data from an old host. The site transfer service request must contain complete access details to your old account, in writing, via our online helpdesk, and must include all necessary login information to allow our technicians to connect to your previous hosting account. Requests placed after the initial 7-day period are subject to standard Webmaster Help service rates.
You may, through the purchase of specific Reseller hosting services, resell to your customers the use of Nuagerie’s hosting environment, as described on the Reseller Hosting service page. You must ensure and enforce that all your customers that use any of our servers or services abide by our Terms and Conditions. You agree to defend, indemnify and hold harmless Nuagerie, its officers, directors and employees, from any and all liabilities, costs and expenses, including reasonable legal fees, related to or arising from any act or omission of any such the customer that would be a breach of these Terms and Conditions if committed by you.
Nuagerie is not directly associated with any search engines and is not responsible for the ranking of your web site in search results. However, Nuagerie does offer certain Web Marketing services that may assist you in obtaining favorable search engine rankings with specific search engines, using specific keywords. Nuagerie cannot guarantee specific results beyond what is described or guaranteed on the Nuagerie Web Site.
Nuagerie is fully committed to your satisfaction and offers the following money-back guarantee: if you are not 100% satisfied for the service obtained within 30 days of your purchase, Nuagerie will refund your hosting costs. The money-back guarantee applies exclusively to shared web hosting and reseller hosting packages. Other services are not eligible for the money-back guarantee. Please see paragraph 17 of the present Terms and Conditions for details.
Nuagerie guarantees fast and effective technical support to help you deal with any problems. We guarantee we will respond to questions sent to our support staff through a helpdesk support ticket within a maximum of 48 hours (although we normally reply much faster than that). This guarantee does not apply to incomplete support requests, requests that do not reach us (due to inappropriate use of the helpdesk support system), requests not directly linked to the services provided by us, or requests that have been responded to but require additional resolution time due to causes outside of our control. Response times may be longer during Canadian holidays and weekends. If a technical request is not answered within the aforementioned timeframe, you will be entitled to one 10% credit on your monthly hosting fees per incident, up to a maximum of 100% of your monthly hosting fees. This credit will be applicable on future hosting fees.
Nuagerie understands the importance of having a continuously available web site and guarantees a server availability (or “uptime”) of 99.9%, calculated monthly. Our servers are considered available if they respond to external HTTP and PING requests from at least two different external monitoring services. Any scheduled maintenance outage will not be taken into account when computing monthly uptime. Sporadic or localized outages due to Internet network conditions outside of our control will also not be taken into account when computing monthly uptime, nor will incorrect DNS or account manipulations by the Client, including programming errors or script errors. If unscheduled outages cause the server to be unavailable for more than 0.01% of the month (or 43 minutes), you will be eligible to a 5% credit on your monthly fees for every hour of unscheduled downtime, up to 100% of your monthly hosting fees. Credits are only available for hosting accounts and will be applicable on future purchases or renewals with Nuagerie following the reception of a written helpdesk request from the affected Client.
All active services will be billed to your payment method of choice 5 days prior to the service renewal due date. In the event that you do not wish to renew your services, you must send a written notice to Nuagerie at least 10 days prior to their service’s renewal date in order to avoid being charged for the automatic renewal of your services. Renewal invoices are generated automatically for all active services a minimum of three weeks prior to your services’ expiry date and are sent by email as well as being made available to you in the Client Area. You must maintain an active email address on file with us at all times in order to receive important account information, including invoices and expiry notices. You may also access, review and pay your invoices securely online through your Client Area. All services not paid on their due date risk being suspended immediately, and may be terminated permanently shortly after, at Nuagerie’s sole discretion. Should you wish to reactivate your services after they have been suspended, a reactivation fee may apply. By making any purchase by credit card or by adding a valid credit card to your account, you authorize Nuagerie to automatically charge your credit card for any service renewals prior to the service’s expiry date. You may deactivate these pre-authorized charges by sending a written cancellation request at least 5 days prior to the service’s expiry date.
Nuagerie accepts payments by checks, money orders, Visa, Mastercard, Paypal, Email Interac transfers with participating banks, wire/bank transfers and Western Union transfers. All payments must be made in Canadian dollars, unless stated otherwise. A first payment is required prior to the activation of a service, and all following invoices must be paid in full prior to their due date. Any overdue invoice with carry an interest of 2%, compounded monthly (corresponding to a yearly interest rate of 26.86%). Any returned or bounced checks due to insufficient funds will incur additional fees of 35.00$, plus taxes. All non-automated payments (checks, wire transfers, money orders, Interac or Western Union) must be made for a minimum total amount of 50.00$, excluding taxes. Any amount paid exceeding the invoiced amount will be added to your account in the form of credit to be used automatically for any future payments. Non-automated payments of less than 50.00$ are subject to a 20.00$ administrative fee, plus applicable taxes.
You can request a refund within the context of Nuagerie’s money-back guarantee within 30 days of payment by sending a written request through the Nuagerie online helpdesk system. Refunds are only available for web hosting and reseller hosting products, for payments made by credit card or via Paypal. Refunds cannot be given for payments made by check, money order, wire transfer, Western Union, Money Gram, or Interac Email Payments. Pre-paid funds cannot be refunded after the initial money-back guarantee period. Refunds will be issued in a maximum of 30 days following the reception of the complete refund request. The following products and services are non-refundable: domain name registrations and renewals (including ID Protection services), dedicated servers (including associated control panel and Operating System licensing fees), SSL certificates (including installation and setup fees), Webmaster Help, Email Marketing and Web Marketing services. In the event that a non-hosting product or service was offered at a discounted rate with the purchase of a hosting product, the original full value of said product or service will be withheld from any refunded amount. Setup and installation fees are non-refundable. Billing errors can be credited for a maximum retroactive period of 2 months. In the unlikely event that a billing error comes to your attention, you are encouraged to contact Nuagerie as quickly as possible to correct the error.
In the event you issue a chargeback or reversal of charges you will be responsible for a $50.00 billing service fee. Bounced checks returned by Nuagerie’s banking institution due to insufficient funds will incur a penalty of 35.00$.
18.1. SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT, NUAGERIE DOESN’T (i) MAKE ANY REPRESENTATION OR WARRANTIES, EITHER EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY NUAGERIE, EITHER DIRECTLY OR THROUGH A RESELLER, AND THE NUAGERIE WEB SITE, ITS CONTENT AND THE SERVICES AND (ii) ASSUME ANY WARRANTY, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF COMPLIANCE OR NON-INFRINGEMENT. FURTHERMORE, SUBJECT TO THE WARRANTIES SPECIFICALLY PROVIDED IN THIS AGREEMENT. WHEN USING OR WHEN SEEKING TO USE THE NUAGERIE WEB SITE, THE USER EXPRESSLY AGREES THAT NUAGERIE MAKES NO WARRANTY OR REPRESENTATIONS REGARDING THE SERVICES OR PRODUCTS PROVIDED OR SERVICED BY NUAGERIE, EITHER DIRECTLY OR THROUGH A RESELLER AND THE NUAGERIE WEB SITE’S CONTENT: (i) NO WARRANTY OR REPRESENTATION IS MADE WITH REGARD TO THE CONTENT OF THE NUAGERIE WEB SITE AND WITH REGARD TO ITS UP-TO-DATENESS, ACCURACY OR COMPLETENESS; AND (ii) AS A SERVICE TO USERS OF THE NUAGERIE WEB SITE, NUAGERIE INCLUDES LINKS TO OTHER WEB SITES FOR WHICH NUAGERIE HAS NO CONTROL. NUAGERIE DOES NOT ENDORSE OR REPRESENT, IN ANY WAY WHATSOEVER, THE PRODUCTS, SERVICES, CONTENT OR ACCURACY OF THE CONTENT FOUND ON SUCH WEB SITES AND USERS IRREVOCABLY WAVE BY THE PRESENT AGREEMENT ANY CLAIM AGAINST NUAGERIE IN CONNECTION WITH SUCH WEB SITES; AND (iii), NUAGERIE MAKES NO WARRANTY THAT ITS SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. NUAGERIE DOES NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES IT PROVIDES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
18.2. NUAGERIE WILL IN NO EVENT BE LIABLE REGARDING THE NUAGERIE WEB SITE OR ANY OTHER RELATED WEB SITE, WITH RESPECT TO ANY PARTY OR FOR ANY DAMAGE OR HARM ATTRIBUTABLE TO (INCLUDING AND WITHOUT LIMITATION) A BREACH OF CONTRACT, ERROR, OMISSION, OR FOR DAMAGE OR OTHER DAMAGES THEREFORE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR SYSTEM OF INFORMATION MANAGEMENT, LOSS OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES AND THAT, EVEN IF NUAGERIE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
18.3. ALTHOUGH NUAGERIE ENDEAVOURS TO MAINTAIN THE ACCURACY OF THE INFORMATION, ERRORS CAN BE PRESENT. IN THE EVENT NUAGERIE NOTICES AN ERROR, IT WILL BE CORRECTED AS SOON AS POSSIBLE, AND THE CUSTOMERS CONCERNED WILL BE ADVISED ACCORDINGLY.
This Agreement, related policies found at https://www.nuagerie.com/en/legal/terms-of-service and any Service Orders signed by the parties constitute the entire agreement between the parties regarding the subject matter hereof and supersede all proposals and prior discussions and writings between the parties with respect thereto. EXCEPT AS SPECIFICALLY PROVIDED IN THIS AGREEMENT, NUAGERIE MAKES NO REPRESENTATION, WARRANTY OR CONDITION, EXPRESS OR IMPLIED, AND EXPRESSLY EXCLUDES ALL IMPLIED OR STATUTORY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, DURABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR TITLE OR NON-INFRINGEMENT AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. In case of any dispute or inconsistency this main agreement, any attachments, and/or any Service Order, the Service Order will take first priority and these Terms and Conditions will take second priority in interpreting the parties’ rights and obligations.
Nuagerie will make every effort to keep its web site and services operational. However, certain technical difficulties and other factors outside of its control may, from time to time, result in temporary service interruptions. You agree not to hold Nuagerie liable for any of the consequences of such interruptions.
The names Nuagerie, Inc, Nuagerie Inc, Nuagerie, INC, Nuagerie INC, NUAGERIE, Nuagerie, and nuagerie.com, as well as the logos associated with these names are trademarks owned by Nuagerie. Any use of these trademarks is strictly prohibited without the prior written consent of Nuagerie. In addition, all names and trademarks belonging to third parties and appearing on the Nuagerie Web Site are the property of their respective owners and may be used only with the consent of their respective owners. The Nuagerie Web Site, along with its contents, including text, images and the selection and arrangement of its data, are protected by copyright © 2010, NUAGERIE ALL RIGHTS RESERVED. You can view and download the information contained on the Nuagerie Web Site for your personal use and not for commercial purposes. Any other use, modification or copying of the Site, in whole or in part, without Nuagerie’s prior written consent is prohibited.
If you would like more information about Nuagerie’s Terms and Conditions, please contact Nuagerie via our helpdesk. Please contact us with your questions and concerns and we will deploy our best efforts to assist you.
Complaints or policy violations must be reported to abuse@nuagerie.com or by mail at Nuagerie, Inc, 11605, boul. Rivière-des-Prairies, Montréal (Québec) Canada, H1C 1R1
A French version of this document is available at: https://www.nuagerie.com/fr/legal/termes-de-services.
Should any provision of these Terms and Conditions be contrary to law, void, enforceable or illegal for any reason, such provision shall be deemed severable from the Terms and Conditions and shall not affect the validity or the enforceability of the remaining provisions.
This Agreement and its interpretation are subject to the laws of the province of Quebec and the laws of Canada applicable therein, without giving effect to any principles of conflicts of laws. The Parties must irrevocably submit all disputes arising out of this Agreement to the courts of the District of Montreal, Province of Quebec, including disputes regarding the Agreement’s interpretation and its effects.
Nuagerie is not liable or responsible for the legal actions of the products and services it resells. Nuagerie is under no obligation but will attempt to keep its legal documents up to date. For more information, please visit https://www.nuagerie.com/en/legal. For direct links to our partners official legal documents, please refer to the respective Terms and Conditions below:
OVH: https://www.ovh.com/ca/en/support/contracts/
OpenStack: https://www.openstack.org/brand/openstack-trademark-policy/
Droplets: https://www.digitalocean.com/legal/terms-of-service-agreement/
Jelastic: https://jelastic.com/terms/
Monitis: https://www.monitis.com/terms
Nagios: https://www.nagios.com/legal/termsofuse/
cPanel: https://cpanel.com/legal-notices.html
Plesk: https://www.plesk.com/legal/#terms-of-use
DirectAdmin: https://www.directadmin.com/policies.php
Softaculous: https://www.softaculous.com/softaculous/tos
CloudLinux : https://cloudlinux.com/legal