Terms of Service

These Terms of Service (the "Terms") form a binding legal agreement between you ("Customer", "you", "your") and Nexia Digital Solutions Limited, a private company limited by shares and incorporated under the laws of the Hong Kong Special Administrative Region (Companies Registry No. 3214856), having its registered office at Unit 1507A, 15/F., Eastcore, 398 Kwun Tong Road, Kwun Tong, Kowloon 999077, Hong Kong ("Nexia", "we", "us", "our"). By registering an account, ordering a service, or otherwise accessing or using any portion of nexia.host or the services made available through it (the "Services"), you confirm that you have read, understood and agreed to be bound by these Terms together with our Acceptable Use Policy, Privacy Policy, Refund Policy and Cookies Notice, each of which is incorporated by reference. If you do not agree, you must not use the Services.

1. Definitions

For the purposes of these Terms: "Account" means the user record you create with us; "Customer Content" means data, code, text, files and other materials that you (or anyone using your Account) upload, transmit, store or process through the Services; "Order" means the electronic order form on which you select a Service plan, term, region and any add-ons; "Service Term" means the billing period selected on the Order (monthly, annual, biennial or triennial); "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party.

2. Eligibility, account & security

• You must be at least 18 years old (or the age of majority in your jurisdiction) and legally able to enter into a binding contract.
• You must provide accurate, complete and current information at signup and keep it up to date. You are responsible for all activity carried out under your credentials.
• You agree to enable multi-factor authentication where offered, to keep credentials confidential, and to notify us promptly at security@nexia.host of any suspected compromise.
• We may, at our discretion, refuse, suspend, or terminate any Account where information is materially false, where the Customer is on a sanctions list, or where required by applicable law.

3. Services & specifications

We provide shared hosting, WordPress hosting, reseller hosting, virtual private servers, cloud servers, dedicated servers, domain registration, SSL issuance and related ancillary services as described on the relevant Order page at the time of purchase. Resource specifications (CPU, RAM, storage, bandwidth) reflect the configuration in effect on the Order date. We may improve specifications, replace hardware, perform routine maintenance and apply security patches at any time, provided that no such change shall materially diminish the Services. Where a change does materially diminish the Services, you may terminate the affected Service and receive a pro-rata refund of pre-paid, unused fees as your sole remedy.

4. Orders, fees, taxes & renewals

• Currency. Fees are quoted in United States Dollars (USD) and charged in advance for the Service Term you select.
• Auto-renewal. Each Service automatically renews for the same Service Term at our then-current published rate unless you cancel before the renewal date in your client area.
• Promotional pricing. Introductory or promotional rates apply only to the first Service Term and renew at the standard published rate.
• Taxes. Fees are exclusive of all VAT, GST, sales, use, withholding and similar taxes. We collect and remit such taxes only where required by law and you remain responsible for any taxes assessed against you.
• Payment methods. We accept major credit and debit cards processed by our PCI-DSS-compliant payment partners. We may also offer wire transfer and selected alternative methods on annual or longer Service Terms.
• Late payment. Invoices unpaid 7 days after the due date may result in suspension; invoices unpaid 30 days after the due date may result in termination and permanent deletion of Customer Content. We reserve the right to charge interest on overdue sums at the lower of 1.5% per month or the maximum rate permitted by law, plus reasonable collection costs.
• Disputed charges. You must raise good-faith billing disputes within 30 days of the invoice date by emailing billing@nexia.host; otherwise the invoice is deemed accepted.

5. Money-back guarantee & cancellation

New shared hosting, WordPress hosting and reseller customers may cancel and obtain a full refund of recurring fees within the windows set out in our Refund Policy. Setup fees, domain registrations, SSL issuance fees and licence fees (e.g. cPanel, Plesk, Microsoft, JetBackup) are non-refundable. You may cancel any Service at any time through the client area; cancellation takes effect at the end of the current Service Term and no pro-rata refund is given for unused time outside the money-back window.

6. Customer Content & limited licence

As between you and Nexia, you retain all right, title and interest in and to Customer Content. You grant Nexia a worldwide, non-exclusive, royalty-free, sub-licensable (solely to our sub-processors) licence to host, copy, transmit, display, back up and otherwise process Customer Content strictly to the extent necessary to provide and support the Services, to enforce these Terms, and to comply with applicable law. Nexia personnel will not access Customer Content except (a) where you authorise us to (for example via a support ticket), (b) where reasonably necessary to investigate a credible security incident or abuse report, or (c) where required by valid legal process. You represent and warrant that you own or have all necessary rights, consents and licences to upload and process Customer Content and that doing so does not infringe any third-party right or applicable law.

7. Acceptable use

Your use of the Services is governed by our Acceptable Use Policy, which prohibits, among other things, unlawful content, malware distribution, phishing, spam, network attacks, child sexual abuse material, and misuse of shared resources. Material breaches of the AUP entitle us to suspend or terminate the Services immediately, without notice and without refund.

8. Service availability & maintenance

We target 99.9% monthly uptime for shared, WordPress, VPS and cloud Services and 99.99% for Enterprise dedicated configurations, in each case excluding scheduled maintenance, force majeure events, customer-caused downtime, third-party network issues outside our control, and DDoS attacks targeted at the Customer. Scheduled maintenance is announced at status.nexia.host at least 48 hours in advance and conducted within published maintenance windows wherever possible. Emergency maintenance may be performed without prior notice where necessary to preserve security or integrity.

9. Backups & data preservation

We perform automated off-site backups of shared and managed Services on a daily rolling basis with 14 to 30 days of retention depending on plan. Backups are provided as a courtesy and convenience and do not relieve you of your responsibility to maintain independent backups of Customer Content. We disclaim all liability for any failure, corruption or loss of backups except where caused by our gross negligence or wilful misconduct.

10. Suspension & termination

We may suspend or terminate any Service: (a) for convenience, on 30 days' written notice; (b) immediately for cause where you materially breach these Terms or the AUP, become insolvent, or where required by law; or (c) immediately and without notice where there is an imminent threat to our network, our customers, or third parties. On termination, we will retain Customer Content in a recoverable state for 30 days to allow export, after which it will be permanently deleted from production systems and purged from backups within 90 days, except to the limited extent retention is required by law.

11. Confidentiality

Each party shall hold the other party's non-public business, technical and commercial information in strict confidence and shall use it solely to perform its obligations under these Terms. Confidentiality obligations survive termination for three (3) years (or, for trade secrets, for as long as such information remains a trade secret).

12. Warranties & disclaimers

Each party represents that it has the legal authority to enter into these Terms. Except as expressly set out in these Terms, the Services are provided "as is" and "as available". To the maximum extent permitted by law, Nexia disclaims all other representations and warranties, whether express, implied, statutory or otherwise, including all implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, title, accuracy, and non-infringement, and all warranties arising from course of dealing or usage of trade. Nexia does not warrant that the Services will be uninterrupted, error-free, or free of harmful components.

13. Limitation of liability

To the maximum extent permitted by law, in no event shall either party be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, including loss of profits, revenue, goodwill, business opportunity, or data, even if advised of the possibility of such damages. Each party's aggregate liability arising out of or relating to these Terms or the Services shall not exceed the total amount paid by you to Nexia for the affected Service in the twelve (12) months immediately preceding the event giving rise to the claim. Nothing in these Terms excludes or limits liability for (i) death or personal injury caused by negligence, (ii) fraud or fraudulent misrepresentation, (iii) gross negligence or wilful misconduct, or (iv) any other liability that cannot be excluded by applicable law.

14. Indemnification

You shall defend, indemnify and hold harmless Nexia, its Affiliates and its and their officers, directors, employees and agents from and against any third-party claims, demands, losses, damages, liabilities, costs and expenses (including reasonable legal fees) arising out of or relating to (a) Customer Content, (b) your breach of these Terms or the AUP, (c) your violation of any applicable law or third-party right, or (d) your gross negligence or wilful misconduct. Nexia will provide you with prompt written notice of any such claim and reasonable cooperation, at your expense, in its defence.

15. Force majeure

Neither party shall be liable for any delay or failure to perform (other than payment obligations) caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, pandemic, government action, labour disputes, fibre cuts, internet backbone outages, denial-of-service attacks not directed at our infrastructure, or failure of upstream providers.

16. Export control & sanctions

You represent that you are not located in, under the control of, or a national or resident of any country or entity subject to comprehensive sanctions administered by the United Nations, the United States, the United Kingdom, the European Union or Hong Kong, and that you will not use the Services in violation of any applicable export-control or sanctions law.

17. Assignment

You may not assign or transfer these Terms or any rights or obligations under them, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part, including in connection with a merger, acquisition, corporate reorganisation or sale of all or substantially all of our assets. Any attempted assignment in breach of this section is void.

18. Notices

We will provide notices to you by email to the address on file for your Account or by posting them in the client area. You will provide notices to us by email to legal@nexia.host with a duplicate copy by recorded delivery to our registered office. Notices are deemed received on the next business day after sending (email) or three business days after dispatch (postal).

19. Governing law & dispute resolution

These Terms and any non-contractual obligations arising out of or in connection with them are governed by, and construed in accordance with, the laws of the Hong Kong Special Administrative Region, without regard to its conflict-of-laws principles. The parties shall first attempt to resolve any dispute amicably through good-faith discussions for a period of thirty (30) days. Failing resolution, any dispute arising out of or in connection with these Terms, including any question regarding their existence, validity or termination, shall be referred to and finally resolved by arbitration administered by the Hong Kong International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted. The seat of arbitration shall be Hong Kong, the language English, and the tribunal shall consist of one arbitrator. Notwithstanding the foregoing, either party may seek interim or injunctive relief in any court of competent jurisdiction to protect its intellectual property or confidential information.

20. Miscellaneous

These Terms, together with the policies referenced above and any Order, constitute the entire agreement between the parties and supersede all prior agreements, understandings and communications, whether oral or written, with respect to their subject matter. If any provision is held invalid or unenforceable, the remainder shall remain in full force and effect, and the invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable. No waiver shall be effective unless in writing and signed by the waiving party. The relationship of the parties is that of independent contractors; nothing creates any agency, partnership, joint venture, or employment relationship. There are no third-party beneficiaries.

21. Changes to these Terms

We may update these Terms from time to time. Where changes are material, we will notify you by email to the address on file and post the revised Terms here at least thirty (30) days before they take effect. Your continued use of the Services after the effective date constitutes acceptance of the revised Terms. If you do not agree to the changes, your sole remedy is to terminate the affected Services within the notice period and obtain a pro-rata refund of pre-paid, unused fees.

22. Contact

Questions about these Terms: legal@nexia.host. Notices and service of process must additionally be sent to our registered office: Nexia Digital Solutions Limited, Unit 1507A, 15/F., Eastcore, 398 Kwun Tong Road, Kwun Tong, Kowloon 999077, Hong Kong.