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Terms and Conditions

Effective Date: 1st August 2024

1. Introduction

These Terms and Conditions (“Terms”) govern your access to and use of the services, products, and website (“Services”) provided by NKAI SYSTEMS LIMITED, trading as NkaiHost, Company Number 15054372, registered at 124 City Road, London, EC1V 2NX, United Kingdom (“we,” “us,” “our,” “NkaiHost”). By accessing or using our Services, you (“you”, “your”, “customer”, “client”) accept and agree to comply with these Terms in full. If you do not agree, you must not use our Services.

2. Eligibility and Account Registration

You must be at least 18 years old or of legal age in your jurisdiction to create an account and use our Services. By registering, you confirm the information you provide is accurate and up-to-date. You agree to update your details as needed and maintain the security of your login credentials. You are responsible for all activities under your account.

3. Our Services

NkaiHost offers web hosting, domain registration, cloud servers, managed services, email hosting, SSL certificates, security tools, and related digital services. Details, features, and pricing for each service are available on our website and may be updated without notice. We reserve the right to refuse or discontinue any service at our sole discretion.

4. Use of Services

You agree to use our Services for lawful purposes only, in accordance with UK law and all applicable international regulations. You must not use our Services for any illegal or fraudulent activities, distribution of malware, viruses, or harmful software, sending spam, phishing, or unsolicited bulk messages, hosting or distributing content that is abusive, obscene, hateful, defamatory, or violates the rights of others, or interfering with, disrupting, or attempting to gain unauthorised access to our network or systems. Failure to comply may result in immediate suspension or termination of your Services and may be reported to authorities.

5. Service Levels and Availability

NkaiHost aims to provide 99.9% uptime for hosting services, measured monthly. Scheduled maintenance or unforeseen events (force majeure, third-party outages, cyberattacks) may impact availability. We will provide advance notice of scheduled maintenance where possible and will act promptly to resolve service interruptions.

6. Data Protection, Privacy & Security

NkaiHost processes personal data in compliance with the UK General Data Protection Regulation (GDPR) and the Data Protection Act 2018. We implement technical and organisational measures to secure your data against loss, misuse, or unauthorised access. By using our Services, you consent to our data practices as outlined in our Privacy Policy. You are responsible for maintaining secure backups of your own data. While we conduct regular backups, we cannot guarantee restoration of lost or corrupted data except as expressly stated.

7. Domain Registration, Renewal, and Transfers

When registering or transferring domains via NkaiHost, you agree to comply with the terms of ICANN and the relevant registry. Domain registration is subject to availability and the accuracy of your information. Domains may be suspended or lost if incorrect information is provided or if required payments are not made on time. Domain renewals are your responsibility. We will attempt to notify you before renewal deadlines, but we are not liable for loss or interruption due to non-renewal.

8. Payment Terms and Billing

All fees are due in advance in accordance with your chosen billing cycle. Accepted payment methods are displayed during checkout. Invoices are sent electronically. If payment is not received by the due date, we may suspend or terminate your Services. Refunds are provided under our 30-day money-back guarantee for standard hosting services unless otherwise specified. Fees for domain registration, renewals, custom work, or third-party services are non-refundable. You agree to keep your payment information up-to-date and to pay all charges incurred under your account.

9. Fair Use and Resource Allocation

All hosting accounts are subject to our Fair Use Policy to ensure reliable service for all clients. Excessive or abusive resource usage (CPU, memory, bandwidth) that threatens the stability or performance of our servers may result in account suspension, throttling, or termination. We will attempt to contact you to resolve any issues before taking action.

10. Customer Content and Intellectual Property

All content you upload, transmit, or create while using our Services remains your property. You grant NkaiHost a non-exclusive license to store, reproduce, and display this content only as necessary to provide Services. You must ensure your content does not infringe on the intellectual property, privacy, or other rights of third parties. NkaiHost retains all rights to our own content, software, website design, and branding. You may not copy, modify, or distribute any materials provided by NkaiHost without prior written permission.

11. Suspension, Termination, and Cancellation

We may suspend or terminate your access to Services without notice if you breach these Terms, fail to pay, or use Services in a manner that threatens our network or reputation. You may cancel Services at any time via your account portal or by contacting us in writing. Upon termination, your right to use the Services ceases, and we may delete your data from our systems, except as required by law.

12. Warranties and Disclaimers

NkaiHost provides Services “as is” and “as available.” We expressly disclaim all warranties, express or implied, including fitness for a particular purpose, merchantability, and non-infringement. We do not warrant that Services will be uninterrupted, error-free, or completely secure. Nothing in these Terms excludes or limits liability where such exclusion or limitation would be unlawful (including liability for death or personal injury due to negligence).

13. Limitation of Liability

To the maximum extent permitted by law, NkaiHost, its directors, employees, and agents will not be liable for any indirect, incidental, special, punitive, or consequential damages arising out of or in connection with your use or inability to use the Services, including but not limited to loss of profits, data, or goodwill. Our total liability for any claim relating to the Services shall not exceed the amount paid by you for the relevant Service in the twelve (12) months preceding the claim.

14. Indemnification

You agree to indemnify, defend, and hold harmless NkaiHost, its directors, employees, and agents against any third-party claims, actions, damages, or expenses (including legal fees) resulting from your breach of these Terms, misuse of the Services, or violation of any applicable laws or third-party rights.

15. Changes to Services and Terms

We reserve the right to update, modify, or discontinue any Service or these Terms at any time. Significant changes will be posted on our website and, where possible, notified to you by email. Continued use of the Services after changes are made constitutes acceptance of the new Terms.

16. Force Majeure

We are not liable for any failure or delay in performing our obligations under these Terms due to circumstances beyond our reasonable control, including but not limited to natural disasters, war, terrorism, civil disturbance, power failures, or internet outages.

17. Severability

If any provision of these Terms is held invalid or unenforceable, the remaining provisions shall remain in full force and effect.

18. Waiver

No waiver of any breach of these Terms shall be deemed a waiver of any subsequent breach.

19. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales. Any dispute or claim arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.

20. Complaints and Dispute Resolution

If you have any complaints about our Services, please contact us at info@nkaihost.com. We aim to resolve disputes amicably, but if a resolution cannot be reached, you may refer your complaint to an alternative dispute resolution (ADR) provider or the courts of England and Wales.

21. Contact Information

For any questions regarding these Terms or our Services, you may contact us at:
NkaiHost (NKAI SYSTEMS LIMITED)
124 City Road, London, EC1V 2NX, United Kingdom
Email: info@nkaihost.com

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