Terms of Service - Nevacloud

Terms of Service (referred to in this document as the "Terms of Service") are an important part of your relationship as a Customer with Nevacloud (PT Delta Awan Angkasa) as the service provider. By registering a Nevacloud account, You have read and agreed to all Terms of Service stated in this document.

General Requirements and Policies

Services are provided to individuals, organizations, or companies (referred to in this document as the “Customer” or “You”). All use of the services must comply with all restrictions set out below. By using Nevacloud services, You agree to be bound by all Terms of Service. If You do not agree to be bound by the Terms of Service, You must cancel Your Nevacloud account as soon as possible and are not permitted to continue using or attempting to use the services.

Scope

If You are an individual Customer, these Terms of Service bind every person who gains access through Your Nevacloud account. If You are an organizational or corporate Customer, these Terms of Service apply to all employees, agents, and/or Customers who gain access through Your Nevacloud account. In other words, a violation of the Terms of Service by someone using Your account will be considered a violation by You.

Term

This service is available to You for as long as You wish to use it; however, we reserve the right to terminate the service if You use it in a manner that violates the terms of use.

Responsibility

1. You agree that use of the services is at Your own risk. Except for information, products, or services provided by Nevacloud, neither Nevacloud nor its affiliates controls, provides, operates, or is in any way responsible for any information, products, or services accessible through the services. Nevacloud does not endorse or take responsibility for the accuracy of third-party content, and You agree that Nevacloud is not responsible for any loss or damage caused by Your use of or reliance on such content. You understand and agree that You are responsible for posting Your information or content to websites or newsgroups on the internet, including but not limited to posts on websites whether or not located on Nevacloud equipment, posts to newsgroups, and participation in any online chat session. You agree to indemnify and hold Nevacloud, all of its employees, and other Customers harmless from and against claims, losses, costs, liabilities, damages, or expenses arising from Your posts.
2. Continue with specific identification of the allegedly infringing content and the location on Nevacloud where the content was found. After receiving written notice, Nevacloud will promptly remove or block access to the allegedly infringing content and notify the person who posted that content. If Nevacloud receives notice from that person showing that the infringement complaint resulted from error or misidentification, Nevacloud will send You a copy of that notice. Unless You notify Nevacloud of appropriate court action to restrain the alleged infringement, the content will be restored or, at Nevacloud's discretion, made accessible again.
3. You agree that, if You use the services to send or receive voice communications, Nevacloud does not act as a telecommunications carrier or telephone company, no representation is made by Nevacloud concerning the suitability of the services for such voice use, all risks concerning connection, transmission quality, and communication accuracy are solely Yours, and Nevacloud is not responsible for any failure or lack of quality in such use of the services.
4. You agree to be responsible for any damage to or loss of services that harms Nevacloud as a result of spamming or other violations. Such damage includes, but is not limited to, system shutdowns, retaliatory attacks or data flooding, and loss of peering arrangements. You agree that Nevacloud may bring a claim against You in court.
5. You authorize Nevacloud to take necessary action on any Customer-owned service that causes disruption to Nevacloud's operational activities. Such action includes but is not limited to restricting access to IP and/or cloud servers, adding DDoS prevention networks, and so forth.

Content

You understand and agree that information and access available through the services may contain controversial content, sexually explicit material, or other content that may be offensive to You or users for whom You are responsible. Nevacloud is not responsible for controlling such content, and You are responsible for using available filtering software (screening software) or other methods to restrict access (particularly access by minors) to content You may find objectionable.

Confidentiality

Nevacloud will not provide a Customer's name, address, telephone number, email address, or other personal information to any third party without the prior permission of the Customer concerned, or except as required in appropriate court or administrative instructions (including investigations by the Indonesian National Police), official summons, or as necessary to provide services.

Warranty

The services and software provided to You by Nevacloud are provided on an "as available" basis. Nevacloud does not warrant that the services and software will be error-free and/or uninterrupted, or that defects will be corrected. Nevacloud does not warrant the security or backup of any of Your data that may be stored within the services.

Payment & Late Payment

1. If payment is more than 1 day past the expiration date, the cloud server service will be suspended (Suspend)
2. If payment is more than 15 days past the expiration date, the cloud server service will be terminated (Terminate)

Resource Usage

Customers are not permitted to:

1. Use the services for phishing, scam, fraud, or similar activities.
2. Use the services to disseminate false news.
3. Run bit torrent applications, trackers, or clients.
4. Use the services for cheat applications, cryptocurrency mining, or similar activities.
5. Operate a server as a streaming medium.
6. Use the services as a Tunnel, Router, MikroTik CHR, Proxy Relay, VPN, or similar service (as NAT Services). Any indication of a violation of this provision will result in permanent suspension of the cloud server without prior notice.
7. Request a particular IP for a cloud server service, whether for a new or active service, because IP allocation for cloud server services is managed by the system according to availability in Nevacloud's IP pool.

Suspension and Termination

You agree to comply with these Terms of Service. Any violation, whether of the Terms of Service or other rules, regulations, and policies above, may be grounds for Nevacloud to suspend or terminate Your account. You agree that Nevacloud has the right, with or without notice, to suspend or terminate Your account upon the first or any subsequent occurrence of any of the following:

1. Using the services in a manner that violates applicable regulations, laws, court orders, tariffs, regulations, or agreements (including but not limited to intellectual property, communications, privacy, criminal, and international law).
2. Domains, content, and services registered to Your cloud server IP and/or website services dedicated to pornography, gambling (online gambling, lottery gambling, gambling predictions, and others), prohibited drugs including narcotics, or drugs requiring special authorization from BPOM and the Ministry of Health.
3. Using the services in a manner intended to abuse or violate another person's privacy or property rights, including but not limited to sending unsolicited bulk email (spamming) or flooding data (flooding).
4. Using the services in an attempt to penetrate security, breach the security of any computer network (including the service itself), or access accounts, messages, or files that do not belong to You.
5. Using the services in such a way as to forge or misrepresent headers, addresses, or other identities in email or websites, or using other means to conceal the sender's identity or location.
6. Uploading, linking to, or storing warez, exploit files, cracks, or other pirated software.
7. Directly or indirectly assisting in the distribution of copyrighted material.
8. Using the services excessively in a way that limits bandwidth available to others.
9. Providing false or incomplete contact details, including name, postal address, and telephone number.
10. Using the services to run server programs, including but not limited to IRC servers, game servers, audio servers, or video streaming servers.
11. Using the services for unauthorized relay through third-party systems.
12. Attempting, by any means, to disrupt or deny service to users or hosts on the internet.
13. Initiating a chargeback on any past or current transaction will cause account suspension until resolved. If a chargeback occurs, we reserve the right to delete Your account without regard to future business
14. Using the services for mail bombing, including cases where multiple messages are sent to one destination for the specific purpose of causing disruption to the recipient and/or the electronic system serving that recipient.
15. Using the services to add or attempt to add an address to any mailing list (Yours or a third party's) without the clearly expressed permission of the owner of that address.
16. Attempting to cancel, replace, or interfere with email that is not Your own.
17. Engaging in harassment, whether through the language, frequency, or size of messages, by email or website content.
18. Using the services to conduct flooding attacks, defined as overloading a recipient's computer system by sending large amounts of false data that disrupt or disable the recipient system's functions, or by other denial-of-service attack methods.
19. Providing false data on Your registration form, contract, or online application, including providing a stolen credit card or other payment information.
20. No credit will be provided during a suspension period. If Your use of the services is terminated, Nevacloud may, at its sole discretion, retain any amount You have paid for use of the services to cover damage caused by Your actions.
21. Security - You agree not to access or attempt to access private areas of the services. You agree to notify Nevacloud as soon as You become aware of misuse of Your account and/or a breach or attempted breach of service security.
22. Intellectual Property - Nevacloud is not obligated to inspect or view messages, files, or other content accessible through, passing through, or residing in the services. Complaints concerning alleged copyright infringement may be sent to info@nevacloud.com.

Network Conditions

The network conditions at Nevacloud's cloud server data center are as follows:

Indonesia Exchange:

1. OpenIXP upto 10 Gbps
2. IIX APJII upto 10 Gbps
3. JKT-IX upto 10 Gbps
4. C2-IX upto 10 Gbps
5. Telkom neuCentrIX upto 2 Gbps
6. International 500 Mbps

Indonesia Direct Peer CDN:

1. Amazon upto 10 Gbps
2. Akamai upto 10 Gbps
3. Cloudflare upto 10 Gbps
4. META upto 10 Gbps
5. Microsoft upto 10 Gbps
6. Zenlayer upto 10 Gbps
7. Netflix upto 10 Gbps
8. Twitch upto 10 Gbps
9. Alibaba upto 10 Gbps
10. Google Cloud upto 10 Gbps

Service Level Agreement (SLA)

The Service Level Agreement (SLA) terms apply to cloud server services. You will receive compensation in the form of a balance credited to Your Nevacloud account as follows:

If a problem with the Nevacloud service causes uptime to fall below 99.9%, the total downtime calculation and compensation will be provided in the following month. A claim may only be submitted in the following month, referring to the previous month's uptime.

Customers must submit claims from the 1st through the 7th of the following month after the monthly SLA calculation. All maintenance work is excluded from this guarantee and will be disregarded. The uptime rate is calculated solely by our status page and monitors.

Storage, Data Security, & Backup

Nevacloud does not perform backups for customer cloud server services. Therefore, customers are fully responsible for taking action to:

1. Prevent loss of or damage to data and content on Your cloud server.
2. Create personal copies, archives, and backups of the data and content on Your cloud server.
3. Ensure the confidentiality and security of all data and content on Your cloud server.

Customers may independently create account backups and download archives to their own local resources.

Refund

The balance in a Nevacloud account cannot be withdrawn through bank transfer, PayPal, or any other payment method. The balance may be used to purchase and renew Nevacloud services.

We hope to provide the best possible service to all our Customers, but if You encounter problems and are dissatisfied with the service we provide, You may directly delete (terminate) the service, and the funds will automatically be returned to Your Nevacloud balance on a pro rata basis.

A refund is available for:

1. Cloud server services for all packages.
2. Volume services for all packages.

Force Majeure

Force majeure is a circumstance beyond Nevacloud's control and capability, such as natural disasters, fire, flooding, sabotage, riots, and so forth. If force majeure occurs, Nevacloud will explain the chronology of the event through the email registered in Nevacloud Manager, and the Customer will release Nevacloud from all claims.

Invoice

1. An invoice related to "Top Up Balance" will be canceled after 30 days.
2. We issue invoices in Proforma invoice format. A Proforma invoice is a temporary replacement invoice sent by Nevacloud to the Customer before the invoice is issued. The Proforma invoice will become an invoice when the Customer has paid the amount stated in the Proforma invoice in full.
3. If the Customer wishes to update contact information that will appear on the invoice, the Customer must make the change independently through the registered account on the Nevacloud Manager page.
   • Updates previously made by the Customer will be applied automatically to the next invoice.
   • Customers are not permitted to manually change information shown on an invoice through Customer Support.

Payment

1. The Customer is required to pay the amount stated on the invoice (no less or more) within 30 days after the invoice is issued.
2. Payments already made are final and cannot be refunded.
3. Nevacloud uses the third-party service "Midtrans" as its payment processor. Other matters concerning the third party's Terms of Service may refer to that party's Terms of Service.

Taxation

1. If You wish to withhold PPh 23, please send Your request to billing@nevacloud.com so that we can adjust Your invoice to the Virtual Account that You will later pay

Disputes

You agree that any dispute between You and Nevacloud arising in any way from Your use of the services based on Your relationship as a Customer, and/or use of the services that cannot be resolved between You and Nevacloud, will be submitted by the aggrieved party to binding arbitration under Indonesian law.

Governing Law

These Terms of Service are governed in all respects by the laws and regulations applicable in Indonesia. Nevacloud (PT Delta Awan Angkasa) may disclose user information to law enforcement agencies or other authorized parties if required by applicable laws and regulations, without further Customer consent or notice. We cooperate with law enforcement when necessary and to the extent required.

Changes

These Terms of Service may be changed in any respect and at any time by Nevacloud (PT Delta Awan Angkasa). Your continued use of the services is deemed agreement to those changes. If You do not wish to continue using our services because of those changes, You may notify Nevacloud that You wish to stop using the services.