NBCube Terms & Conditions:
- Client will be billed for all services on the 28th day of each month.
- Client must pay within 3 business days from date of invoice.
- Non-payment will result in immediate suspension of services.
- If services are suspended due to non-payment, proof of payment (POP) must be presented to NBConsult for the services to be resumed.
- Client is responsible for all accruing cost while services are suspended.
- If the account is not paid within 30 days, all services will be terminated, and the client will still be liable for all outstanding invoices.
- NBConsult reserves the right to charge a penalty fee to cover administrative costs incurred to restore services.
- If client signs up on or after the 15th day of the month, then 50% of the first monthly backup license will be paid upfront.
- NBConsult will retain Microsoft’s Partner Admin Link (PAL) for all NBCube related Microsoft Azure services for the duration of the contract.
- NBConsult will be the supplier for the Azure Subscription required for all cloud-based backup data for the duration of the contract.
- NBConsult will not be liable for any data loss.
- The client is solely responsible for insuring the device.
- NBCube comes with a backup license valid for 36 months, all additional devices added will require an extra backup license.
NBCube.cloud website Terms and Conditions of use
- Accounts and membership
- If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it. It is a condition of your use of the Website that all information you provide on this Website is correct, current, and complete. Providing false contact information of any kind may result in the termination of your account. You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) at any time in our sole discretion for any or no reason, including if in our opinion that you have violated any Provision of these Terms. If we delete your account you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
- Accuracy of information
- Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to pricing, promotions and offers. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Website or on any related Service is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information on the Website including, without limitation, pricing information, except as required by law. No specified update or refresh date applied on the Website should be taken to indicate that all information on the Website or on any related Service has been modified or updated.
- Uptime guarantee
- We offer a Service uptime guarantee of 99% of available time per month. The service uptime guarantee does not apply to service interruptions caused by: (1) periodic scheduled maintenance or repairs we may undertake from time to time; (2) interruptions caused by you or your activities; (3) outages that do not affect core Service functionality; (4) causes beyond our control or that are not reasonably foreseeable; and (5) outages related to the reliability of certain programming environments.
- We are not responsible for content residing on the Website. In no event shall we be held liable for any loss of any Content. It is your sole responsibility to maintain appropriate backup of your Content. Notwithstanding the foregoing, on some occasions and in certain circumstances, with absolutely no obligation, we may be able to restore some or all of your data that has been deleted as of a certain date and time when we may have backed up data for our own purposes. We make no guarantee that the data you need will be available.
- Prohibited uses
- To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances (including without limitation, any laws regarding the export of data or software to and from the US or other countries)
- To solicit others to perform or participate in any unlawful acts
- For any obscene or immoral purpose
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise
- To transmit or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation,
- To impersonate or attempt to impersonate NBCube an NBConsult employee, another user, or any other person or entity, (including without limitation, by using email addresses associated with the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
- To infringe upon or violate our intellectual property rights or the intellectual property rights of others
- To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability
- To submit false or misleading information
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website
- To introduce or transmit viruses or any other type of malicious code, including Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet
- To collect or track the personal information of others
- Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms
- Use any device or software that interferes with the proper working of the Website
- Use any robot, spider, or other automatic device, process or means to access the Website for any purpose, including phishing pharming pretext, crawling, or scraping or otherwise copying any of the material on the Website
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website
- Attack the Website via a denial-of-service attack or distributed denial-of-service attack
- To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet
- Otherwise attempt to interfere with the proper working of the Website
- This Agreement does not transfer from NBCube to you any NBCube or third-party intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with NBCube. All trademarks, service marks, graphics, slogans and logos used in connection with our Website or Services, are trademarks or registered trademarks of NBCube or NBCube licensors. Other trademarks, service marks, graphics, slogans and logos used in connection with our Website or Services may be the trademarks of other third parties. Your use of our Website and Services grants you no right or license to reproduce or otherwise use any NBCube or third-party trademarks.
- Disclaimer of warranty
- You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
- YOU AGREE THAT YOUR USE OF OUR WEBSITE OR SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT AS PROVIDED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
- Limitation of liability
- TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NBCube, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS OR LICENSORS BE LIABLE TO ANY PERSON FOR (A): ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COVER OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, REVENUE, SALES, GOODWILL, USE OR CONTENT, IMPACT ON BUSINESS, BUSINESS INTERRUPTION, LOSS OF ANTICIPATED SAVINGS, LOSS OF BUSINESS OPPORTUNITY) HOWEVER CAUSED, UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, CONTRACT, TORT, WARRANTY, BREACH OF STATUTORY DUTY, NEGLIGENCE OR OTHERWISE, EVEN IF MSP360 HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES OR COULD HAVE FORESEEN SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF MSP360 AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS, RELATING TO THE SERVICES WILL BE LIMITED TO AN AMOUNT GREATER OF ONE DOLLAR OR ANY AMOUNTS ACTUALLY PAID IN CASH BY YOU TO MSP360 FOR THE PRIOR ONE MONTH PERIOD PRIOR TO THE FIRST EVENT OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS AND EXCLUSIONS ALSO APPLY IF THIS REMEDY DOES NOT FULLY COMPENSATE YOU FOR ANY LOSSES OR FAILS OF ITS ESSENTIAL PURPOSE.
- You agree to defend, indemnify, and hold harmless NBCube and its affiliates, licensors, and service providers, and its and their directors, officers, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, losses, damages, judgment awards, costs, expenses, or fees (including reasonable attorneys' fees) incurred in connection with or arising from any third-party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website or Services other than as expressly authorized in these Terms, or any willful misconduct on your part.
- Waiver and Severability
- All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable.
- No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
- If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction or other tribunal, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
- Governing law and jurisdiction
- The formation, interpretation and performance of this Agreement and any disputes arising out of it shall be governed by the substantive and procedural laws of South Africa. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
- At our sole discretion, we may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the South African Arbitration Association applying South African.
- You may not assign, resell, sub-license or otherwise transfer or delegate any of your rights or obligations hereunder, in whole or in part, without our prior written consent, which consent shall be at our own sole discretion and without obligation; any such assignment or transfer shall be null and void. We are free to assign any of its rights or obligations hereunder, in whole or in part, to any third-party as part of the sale of all or substantially all of its assets or stock or as part of a merger.
- Changes and amendments
- We reserve the right to modify this Agreement or its policies relating to the Website or Services at any time, effective upon posting of an updated version of this Agreement on the Website. When we do we will revise the updated date at the bottom of this page. Continued use of the Website after any such changes shall constitute your consent to such changes. However, any changes to the dispute resolution provision will not apply to any disputes where the parties have actual notice before the change is posted on the website.
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website or its Content:
Additionally, you agree not to:
We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER LAW.
Super Micro T&C’s
Super Micro branded and supplied hardware is subject to the Supermicro Limited Warranty which is available at https://www.supermicro.com/en/support/warranty
Microsoft and Azure T&C’s
Microsoft and Azure is subject to its own conditions and as such can be read and agreed to here: https://azure.microsoft.com/en-us/support/legal/