Introduction

Welcome to our cloud hosting services. These Terms of Service (TOS) govern your use of our websites and services. By accessing or using our services, you agree to be bound by these terms. Please read them carefully to ensure you understand your rights and obligations. This TOS is designed to provide you with a comprehensive understanding of our terms and policies, ensuring a clear and transparent relationship between us.

Definitions

When we refer to “Nexgenbusiness” or we use pronouns like “we”, “us” or “our”, we are referring to Nexgenbusiness LDA as well as its parents, affiliates, and subsidiaries.

When we refer to the “User”, we are talking about you, and we will also use words like “you” and “your” to refer to you. Who “you” are can get more complicated if you are using our services on behalf of a company, organization, or other entity. In that case, you are representing to us that you have the authority to bind your company, organization, or other entity to this TOS and that you agree to be legally bound by this TOS on behalf of such entity (and “User”, “you”, and “your” then refer to such entity). If you aren’t sure what this means or whether you are authorized to bind your company, organization, or entity to this contract, you should ask others in your organization to get clarification about authority.

Agreement Scope

These Terms of Service (TOS), along with our, Acceptable Use Policy (AUP) and Privacy Policy, form the complete agreement between you and us. By using our services, you consent to all the terms and conditions laid out in these documents. These documents are incorporated by reference as if they were written here. This means that by agreeing to these TOS, you are also agreeing to the terms outlined in these additional documents.

User Eligibility and Registration

Our services are intended for users who are 18 years or older. By using our services, you represent that you meet this age requirement. If you are using our services on behalf of an organization or entity, you represent that you have the authority to bind that organization to these TOS. To access certain features, you must create an account and provide accurate, upto-date information. This includes providing your name, email address, and a valid form of payment. You are responsible for maintaining the confidentiality of your account information and for all activities that occur under your account. If you believe your account has been compromised, you must notify us immediately. Failure to comply with these requirements can result in the suspension or termination of your account and access to our services.

Before you use our websites and services, you must ensure that such use is in compliance with all laws, rules, and regulations applicable to you. Your right to access the websites and services is revoked to the extent your use thereof is prohibited or to the extent our provision thereof conflicts with any applicable law, rule, or regulation. You are responsible for making these determinations before using the websites and services.

Ownership and Intellectual Property

The content, design, and other elements of our websites and services are owned by us and protected by intellectual property laws. This includes names, logos, trademarks, trade dress, arrangements, visual interfaces, graphics, design, compilation, information, data, computer code, products, software, services, and all other elements of the websites and services. You are granted a limited license to use our services in accordance with these TOS. You may not use our trademarks or any content without our prior written permission. Any feedback or suggestions you provide regarding our services are entirely voluntary and we will be free to use such feedback, suggestions, or ideas without any obligation to you. This helps us improve our services and tailor them to better meet your needs.

User-Generated Content

You retain full ownership of any content you submit through our services. By submitting content, you grant us a limited, non-exclusive, royalty-free, right and license to use, store, and display your content solely as necessary to provide our services to you. This includes hosting, storing, transferring, displaying, performing, and reproducing your content strictly for the purpose of delivering our services. We will not modify, distribute, or use your content for any other purposes without your explicit consent.

You are responsible for ensuring that your content does not violate any laws or third-party rights. We are not responsible for any user content that is provided by you or any other user. We do not endorse, support, represent, or guarantee the completeness, truthfulness, accuracy, or reliability of any user content or endorse any opinions expressed via the services. You acknowledge that by using the service, you may be exposed to content that might be offensive, harmful, inaccurate, or otherwise inappropriate.

Responsibilities and Acceptable Use

You agree to use our services in compliance with our Acceptable Use Policy and all applicable laws. You are responsible for your actions and the actions of anyone who accesses our services through your account. Unauthorized use, reverse engineering, or distribution of our services is prohibited. You must notify your employees, agents, and others related to your use of the services of the provisions of this TOS, including where the terms are binding on them. You must not misuse our services by knowingly introducing viruses, trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our services, the servers on which our services are stored, or any server, computer, or database connected to our services. In the event that you become aware of any unauthorized use of your account, you must notify us immediately.

Payment Terms

You agree to pay for the services you select in accordance with our pricing and billing policies. All payments are processed through third-party payment processors. You are responsible for providing accurate billing information and updating it as necessary. You must promptly notify us or our payment processors if your payment method is cancelled (e.g., for loss or theft) or otherwise inoperable. Taxes and any additional charges related to your purchase are your responsibility. If you fail to make any payment when due, your account may be suspended or terminated. Invoices will be issued electronically and payments are due upon receipt of the invoice. You agree to pay any reasonable lawyers fees and costs incurred by us to collect any past due amounts.

Third-Party Resources

Our services may include links to third-party websites or resources. We are not responsible for the content, functionality, or availability of these third-party resources. Your interactions with these resources are solely between you and the third party. You agree that we are not liable for any damage or loss caused by your use of or reliance on any third-party resources. These links are provided for your convenience only and do not imply any endorsement by us of the content or services provided on those websites. We recommend that you review the terms and conditions and privacy policies of any third-party websites or services before using them.

Confidential Information and Beta Services

Any non-public information you receive from us should be treated as confidential. This includes non-public information about our technology, customers, business plans, marketing and sales activities, finances, operations, and other business information. You may not disclose this information without our consent. Beta services are provided "as is" and may contain bugs or errors. We do not guarantee the performance or availability of beta services. You agree not to disclose Confidential Information during the term of this TOS, after you cease using the Services, and after this TOS otherwise no longer applies. If you participate in a beta service, you may be required to provide feedback. We will own and may use and evaluate all such feedback for our own purposes. By participating in our beta services, you acknowledge and agree that: (a) the beta services are experimental and may not work as intended; (b) the beta services are provided "as is" without warranties of any kind; and (c) your use of the beta services is at your own risk.

Disclaimer of Warranties and Limitation of Liability

Our services are provided "as is" without warranties of any kind. We do not guarantee that our services will be error-free or uninterrupted. To the fullest extent permitted by law, we disclaim all liability for any damages arising from your use of our services. This includes any implied warranty of merchantability, fitness for a particular purpose, title, quiet enjoyment, or non-infringement; any warranty arising out of course of dealing, usage, or trade; or any warranty or guaranty relating to availability, accuracy, error rate, system integrity, or uninterrupted access. We are not liable for any loss or damage caused by a distributed denialof-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of our services or to your downloading of any material posted on it, or on any website linked to it. Our liability for any claim arising out of or in connection with these TOS or your use of our services, regardless of the cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed the amount you paid us for the service in the six months preceding the claim.

Indemnity Clause

You agree to indemnify and hold us harmless from any claims arising out of your use of our services, your content, or your violation of these TOS. This includes liabilities, claims, and expenses, including reasonable lawyers’ fees and costs, that arise from or relate to your Services Content, User Content, your End Users, or your access to or use of the Websites and Services, including your breach of this TOS or applicable law, wilful misconduct, negligence, illegal activity, breach of security or data, unauthorized access to or use of your Account, or infringement of a third party’s right, including any intellectual property, confidentiality, property, or privacy right. We reserve the right to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, without limiting your indemnification obligations with respect to that matter, in which event you will make best efforts to assist and cooperate with us in defending the matter at your expense. This indemnification obligation will survive the termination or expiration of these TOS and your use of the services.

Termination Policy

We reserve the right to terminate your access to our services at any time, with or without notice, for any reason. Any such termination may result in the immediate forfeiture and destruction of data associated with your Account. Upon termination, your right to use our services will immediately cease. All provisions of this TOS which by their nature should reasonably be expected to survive termination shall survive termination. This includes, but is not limited to, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. You may terminate your account at any time by following the instructions available through the services. Upon termination, you will no longer have access to your account and all information contained therein may be deleted by us. Additionally, we reserve the right to suspend or terminate your access to our services if you are found to be in violation of our Acceptable Use Policy or any other term or condition outlined in these TOS.

Resolution of Disputes

Any disputes arising under these TOS will be resolved through binding arbitration, except for small claims which can be resolved in small claims court. Arbitration will be conducted in accordance with the arbitration laws of Portugal and administered by a neutral arbitration institution under its applicable rules. The arbitration will be settled by a neutral arbitrator or panel of arbitrators, who will hear the arguments of both sides and decide on disputes in an expedient and cost-effective manner. The place of arbitration will be Porto, Portugal, unless otherwise agreed by the parties. The arbitrator’s decision will be binding and may be entered as a judgment in any court of competent jurisdiction. In the event of a dispute, you must first provide us with a written notice of dispute that includes your name, address, contact information, a description of the dispute, and the relief sought. Any arbitration must be commenced within one year after the claim or cause of action arises.

General Terms

We may update these TOS from time to time. If we make changes, we will notify you by updating the “Last Updated” date at the beginning of this TOS and, if possible, provide additional notice (such as sending a notification to the email address listed in your Account). Continued use of our services after any such update indicates your acceptance of the new terms. These TOS constitute the entire agreement between you and us and supersede all prior agreements. If any provision is found to be unenforceable, the remaining provisions will continue in full force and effect. No waiver of any provision of these TOS will be effective unless in writing and signed by both parties

Applicable Law

These TOS are governed by the laws of Portugal, without regard to conflict of law principles. Any disputes will be resolved in the courts located in Porto, Portugal. By using our services, you consent to the jurisdiction and venue of these courts.

Contact Details

If you have any questions or need to send notices to us, please contact us at our designated email address. Notices are effective for email when sent. You are responsible for ensuring that the email address associated with your Account is accurate and current. Any email notice that we send to that email address will be effective when sent, whether or not you actually receive the email. Our designated email address for notices is: info@nexgenbusiness.net.

Miscellaneous Provisions

These TOS, including all documents expressly incorporated by reference herein, constitute the entire agreement between the parties and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning its subject matter. No provision of any purchase order, agreement, or business form employed by a User, including any electronic invoicing portals and vendor registration processes, will supersede the terms and conditions of this TOS, and any such document relating to this TOS shall be for administrative purposes only and shall have no legal effect. The use of section headers in this TOS is for convenience only and will not have any impact on the interpretation of any provision. Any use of the singular shall be reasonably construed as if it also includes the plural, and vice versa. If not already specified, any use of “including” or “such as” shall be construed to mean “including but not limited to.” If any part of this TOS is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

You may not assign, transfer, or delegate this TOS or any of your rights and obligations under the TOS, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign, transfer, or delegate this TOS or our rights and obligations under this TOS without notice or consent. Subject to this section, this TOS will be binding upon and inure to the benefit of the parties and their respective permitted successors and assigns, and any assignment or transfer in violation of this section will be void.

Relationship Between Parties

The parties are independent contractors. This TOS does not create a partnership, franchise, joint venture, agency, fiduciary, or employment relationship between the parties. Neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. You acknowledge that we do not control, and are not responsible for, any third-party services or products that you may use in conjunction with our services.

Force Majeure Clause

We shall not be liable for any failure or delay in performing our obligations under these TOS if such failure or delay is caused by events beyond our reasonable control, including but not limited to acts of God, war, strikes, labour disputes, embargoes, government orders, pandemics, natural disasters, or other circumstances beyond our control. In the event of a force majeure event, such as an act of God, war, riot, abour dispute, government action, or other events beyond our reasonable control, we shall not be liable for any failure or delay in performing our obligations under these TOS. If a force majeure event occurs that affects the performance of our obligations under these TOS, we will notify you as soon as reasonably possible and take reasonable steps to minimize the delay.

No Waiver Clause

Our failure to enforce any provision of these TOS shall not be deemed a waiver of our right to enforce such provision. Any waiver of any provision of these TOS will be effective only if in writing and signed by both parties. If we waive any default or breach, this does not mean that we will automatically waive any later default or breach.

Severability Clause

If any provision of these TOS is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect. The invalid or unenforceable provision will be modified to the extent necessary to make it valid and enforceable, or if modification is not possible, it will be severed from these TOS. Each of the paragraphs of these TOS operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining paragraphs will remain in full force and effect.

Entire Agreement

These TOS constitute the entire agreement between you and us regarding the use of our services and supersede all prior agreements and understandings, whether written or oral, regarding the same subject matter. No modification or amendment to these TOS will be effective unless in writing and signed by a duly authorized representative of both parties. Neither party will have any remedy in respect of any statement, representation, assurance, or warranty (whether made negligently or innocently) that is not set out in these TOS. Each party agrees that it shall have no claim for innocent or negligent misrepresentation based on any statement in these TOS.

Third-Party Beneficiaries

This TOS does not create any third-party beneficiary rights in any individual or entity that is not a party to this TOS. No other person shall have any rights to enforce any of its terms.