Service Terms & Conditions

1. THE TERMS

NexaLumen collects information to provide better services to all our users. We collect information in the following ways:

1. Scope of these terms

These terms and conditions outline the agreement under which Nexa Lumen (“NexaLumen”) provides services to you, becoming effective upon your electronic order submission.

2. Importance of reviewing these terms

You must read these terms attentively before placing your order with us. They describe who we are, how we will deliver services to you, how either party can alter or terminate the agreement, actions to take if issues arise, and other significant details.

3. Modification of Terms

NexaLumen reserves the right to alter or revise this Agreement and any related policies or agreements at its complete discretion. You will be informed via email 30 days before any service changes. Any revisions will be immediately effective upon announcement. By continuing to use our website or services, you agree to the revised Agreement. It is your responsibility to maintain a current email address on file with us. We are not responsible or liable for any missed communications if a failure to receive an email is due to an incorrect email address provided by you.

2. IDENTIFYING DETAILS AND CONTACT INFORMATION

1. Who we are

Nexa Lumen is a company incorporated in Bulgaria and United States of America. Our registration number is 207736544.

Our VAT registration number is BG207736544. Ways to reach us. You can get in touch with us through the contact options available on our website or by logging into your client area at https://billing.nexalumen.com/ to submit a support ticket.

How we will contact you. Should we need to communicate with you, we will do so either by phone or by writing to the email or postal address you supplied at the time of your order. Please be aware that we will never request your password. If you have doubts about the identity of a caller, please reach out to us directly. For broader service issues or to announce scheduled maintenance, we may also post updates on our status page at billing.nexalumen.com.

1. THE CONTRACT BETWEEN US

1. Processing Your Order

Submitting an order through our website does not ensure its acceptance. We will confirm acceptance of your order upon sending you a notification that your order has been successfully processed, at which point a contract is established between you and us. Full payment is required before we can deliver any services.

2. Circumstances of Non-acceptance

Should we be unable to process or accept your order, we will notify you and issue a refund for any payments made to us. Reasons for non-acceptance may include unavailability of the desired domain name, non-standard pricing imposed by the registry, or inability to transfer a requested domain.

3. Account Creation and Security

To use our services, you must set up an account, for which you will be assigned a username and password upon placing your order. We retain the authority to modify these credentials as necessary, and will inform you of any changes in writing. You confirm that all information provided for your account setup is accurate and complete. You are responsible for all activity on your account, authorized or not. Keep your login credentials confidential and inform us immediately if you suspect any unauthorized use of your account or any security breaches.

PRODUCTS WE OFFER

DOMAINS

1. Domain Registration Process

We do not guarantee the availability of any specific domain name you request for registration (Domain). Domains will be registered or transferred under your name, not NexaLumen. You must manage your Domain’s WHOIS information via your NexaLumen client area at billing.nexalumen.com, ensuring accuracy at all times. Failure to maintain current contact information may result in your Domain being taken offline if verification cannot be completed. We may switch your Domain's registrar at our discretion without prior notification, which will not affect your use of the domain name.

2. Designated Agent for gTLDs

By agreeing to our terms, you appoint us as your Designated Agent to approve changes to the registrant contact information for your Domain as per ICANN’s Transfer Policy.

3. Registration and Renewal Verification

Our role is limited to submitting your domain registration, renewal, or transfer request to the registry. You are solely responsible for verifying that the domain is registered, renewed, or transferred as expected. We are not liable for any registration or transfer failures.

4. Compliance with Third-Party Terms

Domain registration is governed by third-party terms, including those from relevant domain registries. By ordering with us, you agree to adhere to ICANN and relevant registry terms consistently and indemnify us against any breach of these terms or the agreement.

5. Domain Renewal Process

We aim to automatically renew Domains when due, except when you specify otherwise in accordance with clause 4.1 or adjust settings to cancel or manually renew in your control panel. Domains will not be renewed without an updated payment method or if payment is not made as required.

6. Renewal Terms

Typically, Domains are renewed for the same term as initially registered unless you request otherwise in writing or adjust the settings in your client area. Renewal charges apply at current rates, and we may process payments up to 7 days before the renewal date to ensure timely renewal.

7. Determining Domain Ownership

Domain ownership is determined by the Whois database. If there is any ambiguity, we reserve the right to request additional evidence to ascertain ownership. We are not obligated to process a transfer if proper consents are not verified.

8. Domain Transfer Responsibilities

You are responsible for completing necessary steps for domain transfer, such as changing the Nominet IPSTAG, unlocking the domain, supplying the Authorisation code, and approving the transfer. Notify us to cancel a transfer and request a refund as per our policy.

9. Transfer Limitations

Acknowledge that transferring some domain extensions may incur an additional year’s registration fee. Certain domains have maximum registration periods that may prevent transfers if they exceed the registry’s term limit. Transfers will only be initiated after your order is fully paid.

10. Domain Expiry

If a domain is not renewed by its expiry date, it will cease to function and be considered expired. Domains set to expire or not manually renewed by you before the renewal date will expire if payment cannot be processed.

11. Post-Expiry Actions

Following a domain's expiry, it may enter a grace and/or redemption period. We may renew the Domain or park it on different name servers within three days post-expiration, at our discretion. Domains from registries lacking these periods may be irrecoverable post-expiration, ending our agreement without liability.

12. Grace Period Actions

If the domain registry offers a grace period, you have until the end of this period to renew the Domain by paying the renewal fee in full. Upon payment, we will restore the Domain to your control panel as soon as possible.

13. Post-Grace Period Discretion

After the Grace Period, we reserve the right to take actions such as renewing or parking the Domain at our discretion.

1. Sell the Domain at auction;
2. Modify the contact information; and/or
3. Relocate the Domain ownership.

14. If the renewal fee is not received within the Grace Period, our Agreement for that Domain will end immediately, and we will not be liable. Assuming the Domain's registry permits a redemption period, should you request to renew the Domain after the Grace Period ends (‘the Redemption Period’), you must pay the required redemption fee plus the renewal fee for the Domain. You understand and accept that we are under no obligation to renew or recover a Domain during the Redemption Period and will only proceed with such efforts once you have paid both the redemption and renewal fees. We do not guarantee that renewal attempts will be successful.

2. The terms and conditions for Nominet UK domains can be found at :

https://www.nominet.uk/go/terms

3. HOSTING

1. Complimentary Domain Offer

Several of our hosting plans provide a free domain registration or transfer, applicable to select domain extensions that may change periodically. We reserve the right to determine eligibility for free registration or transfer. Domains with extensions not included in this promotion will require additional payment. Any fee reductions for domains using alternate extensions must be pre-approved by us. The initial registration period is one year, with subsequent renewals charged at our standard rate.

2. Intended Use of Services

Our services are primarily designed for hosting websites and email. Uses such as batch processing, video encoding/transcoding, web crawling, archiving, and online backup systems, especially on our shared or reseller hosting platforms, are prohibited unless specifically authorized by us in writing for use on a dedicated server. We actively manage system stability to prevent any client from compromising service quality. The hosting of adult pornography streaming websites is explicitly prohibited.

3. Hosting Environment Limitations

While some of our packages are marketed as offering 'unlimited' resources in terms of disk space or bandwidth, actual usage is monitored to ensure fair resource distribution and maintain system stability on shared or reseller servers. Dedicated servers provide specific resource allocations based on the chosen package.

4. Fair Use of "Unlimited" Resources

Our 'unlimited' service offerings are governed by a fair use policy. Customers whose bandwidth or disk space usage significantly exceeds the average of other users may be asked to optimize their site's efficiency, utilize a CDN, or transition to a custom solution, with applicable fees.

5. Service Appropriateness

Should the hosting service purchased by you fail to meet your needs, we will notify you and recommend a more suitable option. We are not obligated to continue hosting that is inadequate or inappropriate for your requirements. Failure to comply with a request to change hosting accounts may lead to suspension or termination of the service.

6. Website Migration Assistance

We provide a complimentary migration service to transfer your website from a previous provider to our servers, executed on a best-effort basis. As you are most familiar with your website, it is crucial for you to provide us with necessary access and verify the successful migration of your site and its components. While we strive to complete migrations within 72 hours, we do not guarantee this timeline. We may attempt to migrate emails, DNS records, and domain names, but cannot guarantee successful or uninterrupted transfers.

7. Adjustments to the Hosting Environment

We maintain the authority to modify the hosting environment in which your website operates. Any changes implemented will be on a "like for like" basis, ensuring no disruption to your usage of the services. Material modifications to your website's hosting environment will only occur if it results in an 'upgrade' for you.

We will notify you in writing of any such changes to the hosting environment. This notification may include:

- to accommodate updates in applicable legal and regulatory frameworks;

- to carry out minor technical enhancements and fixes, such as addressing security vulnerabilities;

- to switch between different server locations and providers. We provide various options for server locations and hosting providers. Should your preferred location become unavailable, or if your current location undergoes changes or closure, we may, at our discretion, relocate your services to a comparable location or provider.

8. Compliance with Upstream Providers

You are required to adhere to the conditions set forth by our upstream providers, particularly regarding their export law terms (e.g., ensuring software used is licensed in the US for OVH). We have integrated all pertinent terms from our providers into this agreement. Refer to Appendix A for details.

9. CDN and Bandwidth Management

In regions where bandwidth costs are elevated due to limited connectivity (e.g., the Middle East), or where prices fluctuate, we may mandate the use of a CDN service we offer. This service distributes your traffic across a global network, enhancing load times and reducing source bandwidth usage. We will provide reasonable assistance with the CDN setup.

10. Limitation of Guarantees

We do not assure protection against denial of service attacks unless such a service is explicitly purchased and confirmed. If you suspect your site might be targeted by a DDOS attack, we recommend acquiring DDOS mitigation services from a specialist provider like Cloudflare.

11. Commitment to Service Uptime

We strive to maintain a 99.8% uptime for our services, not counting scheduled or emergency maintenance or events outside our control. Customers will be informed about planned maintenance well in advance via our status page, and directly through email if the maintenance exceeds 30 minutes. Should an issue arise with your server, a qualified engineer will address it within 30 minutes of notification. If the issue is not resolved within 30 minutes, we will inform you of the situation, providing details and an estimated resolution time. Notifications may be sent through one of your registered contact methods or our public status page (billing.nexalumen.com).

12. Data Backups

We conduct daily backups of your websites, storing them offsite within the same geographic region as your server for optimal performance. These backups do not necessarily occur in the same country. If specific data residency requirements are needed, please contact us for a tailored solution. Certain files deemed non-essential, such as error logs, cPanel backups, and cache files, may be excluded from backups. Remember, our backup service is offered on a best-effort basis, and we do not guarantee the completeness or regularity of these backups. You are advised to maintain personal backups of your website data.

13. Service Disruptions

We are not liable for any disruptions to services that are beyond our control. While we choose providers known for high performance and reliability, any disruptions caused by external events will be communicated to you as promptly as possible, and we will attempt to minimize their impact. Updates on service status may be provided through our status page at billing.nexalumen.com. We are not responsible for issues arising from network or hardware problems upstream, such as those occurring with providers like OVH, and such issues are not included in our uptime calculations.

4. SERVICES PROVIDED

1. Pricing of Services

The fees for the services are as listed on our website.

2. Duration of Service Provision

We will continue to provide the services to you until either the subscription period ends, you terminate the contract as outlined in Clause 7, or we discontinue the contract by notifying you in writing as stated in Clause 9.

3. Consequences of Not Providing Necessary Information

To deliver the services effectively, we require specific information from you, which you must provide during the sign-up process on our website. We may reach out to request additional details or to verify the information you've provided. If you fail to supply the necessary information within a reasonable timeframe after our request, or if the information you provide is incomplete or incorrect, we may choose to terminate the contract or impose an additional fee to cover the cost of the extra work needed. We are not responsible for any service delays or failure to provide services if they result from your failure to provide the required information promptly.

4. We may suspend or disable your access to our services for the following reasons

A service may be suspended if:

1. Address technical issues or implement minor technical modifications;
2. Update the product to comply with changes in applicable laws and regulations;
3. Modify the product based on your requests or as we inform you (refer to Clause 6);
4. When mandated by legal requirements;
5. When we determine that you have violated a critical provision of this Agreement;
6. To address claims or disputes initiated by third parties;
7. To prevent financial losses or protect against legal risks.

5. Your Rights During Service Suspension

We will inform you in advance if we need to suspend the supply of services, except in cases of urgency or emergencies. If the suspension exceeds 24 hours within any seven-day period, we will adjust the billing so that you are not charged for the time services are unavailable, unless the suspension is due to your breach of this Agreement or falls under the exceptions listed in clause 6.5 b (b) to (g). You have the right to terminate the service contract if we suspend it, or plan to suspend it, for more than 120 hours, and we will refund any prepayments for services not rendered beyond the termination, unless the suspension was caused by your violation of this Agreement.

6. Suspension for Non-payment

Should you fail to make payment as required (refer to Clause 10.6), we may halt the provision of services until all due payments are settled. We will notify you before suspending the services. In addition to suspension, we may impose interest on overdue payments. After receiving the overdue amounts in accordance with these terms, we will make reasonable efforts to restore services within 24 hours.

7. Consequences of Service Suspension

If your service is suspended or payments are overdue, we may not retain a copy of your data or website, and your website’s IP address may change. As we utilize global cloud providers, we cannot bear the costs associated with maintaining your service during non-payment periods.

5. THE CONTRACT'S OBLIGATIONS

1. Account Content Responsibility

You are accountable for all content hosted within your account, including scripts, data, and other items. Scripts that disrupt our systems, affect other clients, damage external computer systems, or partake in fraudulent activities are considered abusive. Accounts identified as sources of such abusive scripts will be immediately suspended for investigation and may face further actions as outlined in the section regarding Illegal Content. We will cooperate with law enforcement as required.

2. Prohibition of Illegal Material

You are prohibited from using our service to store, send, or receive any material that could be considered offensive, abusive, indecent, defamatory, obscene, or threatening, or that violates any laws currently or subsequently in effect in England and Wales, at the location of your server, or within the jurisdiction of the underlying network provider (refer to Appendix A). It is your responsibility to ensure compliance with these restrictions. Hosting, distributing, or transmitting illegal material may prompt an investigation and potential prosecution by relevant legal authorities. Specifically, you must not:

1. You must not access or attempt to access computer systems without authorization. Engaging in such activities can lead to criminal prosecution under the Computer Misuse Act.

2. You must not transmit data over the internet using false addresses or data designed to disrupt other machines, including but not limited to activities such as denial of service (DDoS) attacks, spreading worms and viruses, deploying trojans, and initiating ping storms.

3. You must ensure that local PCs and servers connected to your network do not allow open relays and must avoid involvement in the distribution of unsolicited bulk emails, commonly known as spam, UBE (Unsolicited Bulk Email), or UCE (Unsolicited Commercial Email).

4. You are forbidden from conducting 'port scanning' or using software that probes, scans, tests the vulnerability of, or accesses remote systems or networks unless you have explicit permission from the remote system's user. Proof of such permission may be requested by us.

5.You are required to take all reasonable precautions to keep your passwords and login information secure and confidential.

3. In addition, you agree not to send or receive any material that may violate copyright (including intellectual property rights), confidence, privacy, or other rights. You should seek independent legal advice if you are unsure whether what you are doing or intend to do is legal.

4. Proxy servers that are open are not permitted under any circumstances and will be immediately terminated.

5. There must be no 'hateful' content on websites.

7. Websites must not host or display any pornographic material that is illegal or that we determine to be in poor taste, at our exclusive discretion.

8. Websites must not include or link to 'warez', copyrighted music or videos, or similar content. It is the responsibility of the account holder to ensure they possess the necessary distribution rights for all content hosted on their site.

9. Domain Name Registration Responsibilities

You are responsible for ensuring that the registration and use of a domain name do not violate any third-party rights, including intellectual property rights. Additionally, the registration must not be made in bad faith or be deemed as an abusive registration under the dispute resolution policies of any relevant registry or ICANN, nor should it be used for illegal purposes. You consent to us sharing your registration details with third parties such as ICANN, domain registries, law enforcement, and governmental bodies as required.

10. Transfer of Domain Ownership

When transferring a domain or registering a domain on behalf of someone else (the “Transferee”), you must ensure and provide proof that the Transferee agrees in writing to adhere to the terms of this Agreement upon our request.

11. Domain Ownership Transfer Conditions

We will not transfer ownership of a domain until all associated service fees due for the account have been paid by you.

12. Actions on Trademark or Brand Complaints

Should we receive a complaint concerning trademark or brand infringement, we reserve the right to place the domain on hold. This action will be taken if we receive a formal decision from a Domain Dispute Resolution authority or a settlement agreement between the involved parties. All renewal fees for the domain must be paid by you.

13. Domain Dispute Actions

Upon receiving documentation matching the WHOIS details, we reserve the right to lock the domain and apply a registrar hold. The domain will remain in this status until we are satisfied that the dispute has been resolved and we have received proof of this resolution.

14. Compliance with Investigatory Regulations

We are committed to fulfilling any required actions under the Regulation of Investigatory Powers Act and will cooperate fully with UK authorities as necessary.

15. E-MAIL USAGE ACCEPTABLE

1. We offer SMTP services for routine email communication. All outgoing emails are checked through a cloud-based spam filtering system.

16. We strictly enforce a no-spam policy. Sending bulk, unsolicited emails is always forbidden. Customers found violating this policy will be informed that their actions are unacceptable and may face suspension, termination, or blocking of their accounts.

17. By acquiring our services, you consent to the following:

1. Avoid sending emails that could annoy, inconvenience, or cause anxiety to recipients;

2. Refrain from sending emails that might be distressing or contain material that is offensive, indecent, obscene, threatening, or otherwise unlawful;

3. Implement a clear option to opt-out in all newsletter communications;

4. Do not use our mail services or network to send emails to anyone who has opted out of receiving them;

5. Do not use our mail services or network for the distribution of unsolicited emails, whether sent in bulk or individually (commonly known as 'spam');

6. Do not use our mail services or network to deliberately disrupt service to others (known as 'mail bombing');

7. Avoid falsifying email headers or manipulating headers to hide the sender’s identity;

8. Use only email addresses that you are authorized to use;

9. Ensure that any email servers you connect to our network and operate do not allow 'open relay';

10. Assume full responsibility for managing your own email reputation;

11. Avoid any actions that could lead to violations of the General Data Protection Regulation or the Data Protection Act 2018 on your part or ours;

12. Refrain from using our service to send out mass newsletters.

16. WEB USAGE THAT IS ACCEPTABLE

1. Web usage encompasses the utilization of web space allocated to client accounts, hosting services on our servers, and the operation of web services and space on dedicated servers. We do not supervise the content hosted on customer-maintained web spaces, whether shared or dedicated. Responsibility for the content of your website rests solely with you.

2. You are solely responsible for ensuring that the content and materials on any website you own or operate consist of materials you have created or are authorized to use.

3. It is your sole responsibility to address any disputes related to Copyright or Intellectual Property Rights concerning your website or web service. You agree to indemnify NexaLumen for all expenses, including legal fees, incurred in defending any claims made against us by third parties regarding your use of copyright or intellectual property globally.

4. You must not use your website or web service to promote or distribute any content that is illegal under any current or prospective legislation in the USA, EU, or any other jurisdiction where your website or service is accessible. Be aware that the internet spans multiple legal jurisdictions, and what may be permissible in one region could be prohibited in another, potentially exposing you to legal action abroad.

5. The hosting or dissemination of legally permissible adult content is strictly prohibited in any form or circumstance.

6. We reserve the right to investigate any content hosted on our services if suspected abuse is reported and to remove any content from our servers at any time and for any reason. Accounts found to be engaging in abusive behavior, containing illegal content, or violating our terms of service are subject to immediate termination.

19. ENDING THE CONTRACT RIGHTS

1. Terminating Your Contract as a Standard Service User

You can cancel your contract with us by discontinuing the service before the renewal date—by 11:59 PM GMT the day before your scheduled renewal—via the client area at https://billing.nexalumen.com/. Additionally, you may submit a support ticket up to 24 hours before the renewal time. Note that the renewal date is different from the expiration date, as we initiate renewals between 14 and 30 days before the service expires.

2. Terminating Your Contract as a Dedicated Server User

If you are using a dedicated server, you can terminate your contract by providing written notice at least 24 hours before the next billing cycle.

3. Refund Policy for Prepaid Services

Given our low-cost service model and the substantial discounts for advance payments, no refunds will be issued if you cancel your service before the end of the contracted period.

4. Handling Complaints

Should the services you've purchased be faulty or not as described, you might be eligible to terminate the contract or receive a re-performance of the service, or a partial or full refund. Please inform us in writing if you believe the services are faulty or misdescribed. We will review any complaints and respond within 28 days, including information on whether any refund will be issued.

5. Money Back Guarantee

We provide a money back guarantee exclusively for our Shared Webhosting and similar services, such as WordPress Managed Shared Hosting. It is important to note that refunds are not available for domain names, registrations, renewals, transfers, or for payments related to servers, VPS, Cloud, Dedicated servers, and licenses, under any circumstances. These payments are non-refundable from the moment of purchase.

6. Illegal or Inappropriate Activity

If your account is discovered to host illegal activities, such as illegal mp3 files, pirated software, hacker programs, or warez programs, it will be suspended immediately. Continual hosting of such content will lead to termination of your account and forfeiture of any refunds, including those under the money back guarantee mentioned in clause 9.5.

7. Refund Processing Time

Any refunds due will be processed within seven working days from the date they are approved.

8. Right to Withdraw (Consumer Contracts Regulations 2013)

As a consumer, you have the legal right to withdraw from most purchases made online within 14 days for a full refund, according to the Consumer Contracts Regulations 2013. However, this right does not extend to digital products once downloading or streaming has begun; services that have been fully performed, even if the cancellation period is ongoing; or to sealed audio, video recordings, or computer software once these have been unsealed after you receive them.

20. How to Terminate Your Contract with Us (Including if You Have Changed Your Mind)

1. To terminate your contract with us, please access billing.nexalumen.com, navigate to the relevant product, and submit a cancellation request. Kindly provide the reason for cancellation in the designated field. If you are eligible for a refund as per the money back guarantee outlined in Clause 10.5, please specify this in the cancellation notes.

21. CONTRACT ENDING RIGHTS

1. The contract may be terminated if you break it

You can cancel your contract with us by discontinuing the service before the renewal date—by 11:59 PM GMT the day before your scheduled renewal—via the client area at https://billing.nexalumen.com/. Additionally, you may submit a support ticket up to 24 hours before the renewal time. Note that the renewal date is different from the expiration date, as we initiate renewals between 14 and 30 days before the service expires.

The contract can be terminated by us at any time if:
We do not receive payment from you when it is due.
Our services will not be provided if you do not provide us with information within a reasonable time after we request it;

2. If you break the contract, you must compensate us

We will refund any money you have paid in advance for products we have not delivered, but we may deduct or charge reasonable compensation for the net costs we will incur as a result of your breach of contract.

3. The services may be withdrawn.

You may receive a letter from us informing you that we are ceasing to provide you with the services. When we stop providing services, we will notify you at least 30 days in advance and refund any amounts you have paid in advance.

22. PAYMENT AND PRICE

1. Where to Locate Service Prices

The price displayed for the service will correspond to the amount shown on the order pages when you made your purchase. We take reasonable precautions to ensure that the price communicated to you is accurate. If VAT applies (based on your location and the services selected), it will be itemized during the ordering process. However, please refer to Clause 10.3 for the protocol if an error in the price of the product is discovered.

2. Adjustment for VAT Rate Changes

Should the VAT rate change between your order date and the date of service delivery, we will modify the VAT rate accordingly, unless you have already paid for the product in full before the VAT rate alteration comes into effect.

3. Price Modifications

We retain the right to modify the prices advertised on our website and associated fees at any time. Written notice of any changes will be provided via email to the address you provided during registration. Generally, alterations to the price on the website for new customers will not impact existing customer prices. If your contract has a fixed term, any price adjustments will take effect upon the conclusion of the current term and at the time of renewal.

4. Handling Incorrect Prices

Despite our efforts, it's possible that an incorrect price may be communicated for our service. If the accurate price is lower than stated, we will adjust the price and reimburse any excess amount to you. Conversely, if the correct price at the time of your order is higher, we will reach out for your guidance before accepting the order.

5. Payment Terms and Methods

We accept payments via most major credit and debit cards, direct debit, PayPal, bank transfer, and cheque. Payment deadlines vary based on the product purchased. By making a payment, you affirm that you are lawfully authorized to use the selected payment method. If you are not the named cardholder, you agree to indemnify us if the cardholder or issuer declines any transaction, covering our costs in recovering the outstanding amount.

23. Should an erroneous chargeback be initiated against your account, we retain the authority to suspend and/or terminate your account until reimbursement is received. Additionally, an administration fee of £50/$80 will be levied.

1. Payment upon ordering

You are obligated to settle all service fees at the time of placing your order. These fees are generally non-refundable unless specified otherwise in clause 7 above.

2. Advance invoicing

Invoices will be dispatched before the payment due date to the email address provided during your account registration. You can access your email history and view all invoices on billing.NexaLumen.com.

3. Late payment interest

Failure to remit payment by the stipulated due date may result in interest charges being applied to the outstanding amount. The interest rate will be 4% per annum above the prevailing base lending rate of the Bank of England. Interest will accumulate daily from the due date until the overdue amount is settled, whether before or after any legal action is taken. You are responsible for paying the accrued interest along with the overdue amount.

4. Disputing an invoice

If you believe there is an error on an invoice, please notify us promptly. You will not be subject to interest charges until the dispute is resolved. Following resolution, any interest on accurately invoiced amounts will be calculated from the original due date.

24. WE ARE RESPONSIBLE FOR ANY LOSS OR DAMAGE YOU MAY SUFFER

25. We acknowledge responsibility for foreseeable loss and damage resulting from our actions

If we breach these terms, we accept liability for any loss or damage you suffer that is a foreseeable consequence of our breach or failure to exercise reasonable care and skill. However, we cannot be held liable for loss or damage that is not reasonably foreseeable. Loss or damage is deemed foreseeable if it is obvious that it may occur, or if both parties were aware of the possibility at the time of entering into the contract, such as through discussions during the sales process.

26. Our liability to you is not excluded or limited where such exclusion or limitation would be unlawful

This includes liability for death or personal injury caused by our negligence, the negligence of our employees, agents, or subcontractors, or for fraud or fraudulent misrepresentation.

27. We disclaim responsibility for any alleged damages, including incidental and consequential damages, resulting from server downtime or unavailability for any reason

Additionally, we shall not be held liable for any alleged damages arising from the corruption or deletion of websites hosted on our servers, loss of service, or costs incurred due to configuration or service issues related to our provided services. Our liability shall be limited to the immediate termination of service.

28. We are not accountable for business-related losses

If you utilize the products for commercial, business, or resale purposes, we bear no liability for any loss of profit, business interruption, or missed business opportunities.

29. Limitation of liability

Unless you are acting as a Consumer under the Consumer Rights Act 2015, our total liability shall not exceed twice the fees paid by you for the services related to your claim during the 12-month period preceding the claim.

30. OUR USE OF YOUR PERSONAL INFORMATION

31. THE FOLLOWING TERMS ARE IMPORTANT

1. We retain the right to assign this agreement to another party

Our rights and responsibilities under these terms may be transferred to another organization. We will notify you in advance if we intend to proceed with such a transfer. If you disagree with the transfer, you have the option to terminate the contract within 10 days of receiving notice, and we will reimburse you for any prepaid payments covering any full month of service not rendered.

2. Consent is required to transfer your rights to a third party (except for our guarantee, which can always be transferred)

You must obtain our written consent before transferring your rights or obligations under these terms to another individual. Requests for transfers can be submitted via a support ticket on billing.nexalumen.com.

3. No other party has rights under this agreement

This agreement is solely between you and us. No other individual or entity shall have the authority to enforce any of its provisions.

4. Severability clause

If any part of this agreement is deemed unlawful by a court, the remaining provisions will remain valid and enforceable. Each section of these terms operates independently. If any court or regulatory authority finds any part of them to be unlawful, the other sections will remain in full force and effect.

5. Delay in enforcement does not waive rights

Our failure to immediately enforce any provision of this agreement or delay in taking action against you for breaching the terms does not waive our rights to enforce those terms at a later time. For instance, if we do not immediately pursue payment for missed payments but continue to provide the products, we reserve the right to request payment at a later date.

6. Applicable law and jurisdiction

This agreement is governed by English law, and any legal proceedings regarding the products must be brought in the English courts. Residents of Scotland may bring legal proceedings in either the Scottish or English courts. Residents of Northern Ireland may initiate legal proceedings in either the Northern Irish or English courts.