Terms of Use

Terms of Use

1.Purpose

This site and service is owned and provided by NexCloud (“NexCloud”). The purpose of these terms is to classify the general details regarding procedures and conditions that govern your access to and use of the service. Please read these Terms of Use (“Terms”) carefully before using the Site. By accessing or using the Site or any of the content on the Site you agree to be legally bound by these Terms. If you do not accept these Terms, do not use the Site or any of its Content.

Please note that these terms written in English are just for reference ONLY, for any specifics, refer the ones in Korean available at https://www.nexclipper.com

2.Effectiveness and Revision of Terms

2.1.These terms are enacted by Telecommunication Business Act (Ministry of Government Legislation) and become effective by making a disclosure. The disclosure of these terms are available on NexCloud’s official website. (https://www.nexclipper.com)

2.2.This agreement shall be effective from the time you apply for NexCloud’s service to the time when the payment is fully paid after the service is completed.

2.3NexCloud may modify these terms if there’s justifiable reasons, and if any changes are made by NexCloud, NexCloud is responsible for making a disclosure. Except any changes in important terms such as your rights or responsibilities regarding subscription fees, it shall be effective after seven (7) days once a disclosure is made.

 

  1. Applications of Terms

Any matters not specified in these terms shall be considered and applied in accordance with applicable laws, the intent of these terms, and practices of the same or similar industry.

2.The Conclusion of Contracts 

4.Establishment of Contracts

The service contract shall be established by NexCloud’s approvals to your application for service including your consent to NexCloud’s terms.

1)The period of a contract may vary based on the selected period you want to use from the commencement date of service selected among NexCloud’s service displayed on the website.

2)The service commences the day you actually start using the service. Subscription based service may be effective on the first day you switch free service to subscription-based service.

3)You may apply for service on NexCloud’s official website.

 

5. Approvals for Application for Service

5.1. NexCloud may approve your application of use unless you don’t have business related or technical issues.

5.2. If NexCloud approves your application of use, NexCloud shall inform you the approvals with the terms listed below through email, written letter, or phone calls.

1) The effective date of service

2) terms related to subscription fees.

3) your rights and responsibilities.

4) other matters that NexCloud thinks it’s necessary for you to acknowledge before or while using the service.

5.3. The service contract may not be established if NexCloud disapproves new contract or renew contract submitted by you who are currently using NexCloud’s service.

5.4. NexCloud may disapprove new contract or re-contract if you are applicable to any of case listed below. In case NexCloud disapproves your contract, NexCloud shall inform you the reasons of disapproval.

1) Applying for service using their party’s name.

2) Fill out or attach false information when applying for service

3) The contract may not be approved due to your imputation or your interruptions on NexCloud’s service or your new service contract which causes possible interruptions on NexCloud’s service.

3.Contract Modification and Termination 

6. Contract Modification

6.1. If you are applicable any changes in terms listed in below, you should update your information on NexCloud’s official website. (http://www.nexcloud.co.kr)

1)Your business name, name, address, contact number

2)Changes in service

3)Payment methods or payment information such as bank, credit or debit card number.

6.2.In accordance with Article1, subparagraph 2, in case of service modification, service fees will be charged based on a new service contract.

 

  1. Contract Renew

The service period shall be every month from the first date of your service to the end of the month. If there is no separate agreement between you and NexCloud within the service period, the service automatically extends for one month on the same terms as the previous contract.

8.Assignment

8.1. Any rights and licenses may not be transferred or assigned by you unless you obtained written consent from NexCloud.

8.2. If you want to transfer or assign any rights and licenses to third-party,the existing unpaid service fees should be paid first. The transfer of your status refers to changes in key factors that identify your identity such as the change of the mission, change of the representative, change of the person in charge (if the service user is different than the payment officer).

8.3. In case the transfer of your status has occurred by mergers, divisions, or transfer of business, it is your responsibility to inform NexCloud the reasons for the transfer of your status with documents that proves the transfer of your status, a copy of business license (corporate only) within thirty (30) days.

 

9.Termination

9.1. If terms of service are terminated, fees will be charged based on from the effective date of service to the end of use. It will be prorated based on the first day of service and last day of service (your actual signup date)

9.2. If either NexCloud or you are subject to bankruptcy application, seizure, pressurization, bankruptcy, auction, or company cleanup, the contract may be terminated immediately.

9.3. If you want to terminate this service, you should submit a cancellation form to NexCloud, and NexCloud shall terminate the service by the day you requested for cancellation after payment is calculated. If fees or other charges are not fully paid, you may not terminate the terms.

9.4. In case there’s restriction on your use of service in accordance with terms, NexCloud may terminate the terms using its authority if the cause is not cured within five (5) day period or do not comply with NexCloud’s request for comment without justifiable reason.

9.5. NexCloud may cancel the service contract after submitting a written letter for the reason in case you cause any loss or damage and considered not being suitable for the service.

9.6. Once contract cancellation is completed, NexCloud immediately deletes your server monitoring data.

9.7. NexCloud may delete your server monitoring data if service fee was paid within thirty (30) days based on the billing date (cycle).

9.8. Under article 17 of the E-commerce Act, any remorse return or a mistaken purchase cannot be withdrawn after thirty (30) days of application for a service or products submitted. If there’s a critical issues or problems on your use, it will be handled by the Electronic Commerce Act and the consumer dispute resolution standards (notify the Fair Trade Commission)

 

  1. Deprivation of Rights or License

If you are applicable for any of the case listed below, NexCloud may terminate your service.

1) In case controversial information is provided

2) In case you conduct any activities that might violate software protection laws.

3) In case you conduct any activities that might violate any laws or acts

4) In case you apply for the service with false or invalid information

5) In case You cause other users any damage while you are using NexCloud’s service

6) In case you cause NexCloud any loss or damage or have possible loss or damage.

7) In case you use other users’ information or password that is stolen/In case you steal other users’ information or password from the service.

8) Application for service was submitted by users who previous removed or banned from NexCloud.

 

11. Service Fee

NexCloud shall clearly state service fee and any specifics on NexCloud’s official website (http://www.nexcloud.co.kr)

 

12. Service Fee Modification

12.1. Service fee change means fees increase or decrease, it applies to you the following month after NexCloud notice you the changes. If the period of contract is already fixed or service is already prepaid to NexCloud, you may not change the fee unless service fees decrease.

12.2. NexCloud has a responsibility to the reasons of service fee change referred to 1, on NexCloud’s official website.

13. Compensation for Damages

Service is not provided to you more than three (3) days due to NexCloud’s fault, the service fee will be discounted. The discounts shall be the amount that average of the most recent monthly fee multiply by the number of days when service is unavailable.

13.1.  A written letter including reasons, amount or the basis of calculation for reimbursement must be submitted to have reimbursement for damage or loss.

13.2. The claim for damages you submitted will be expired in thirty (30) days after it has occurred.

13.3. To the maximum extent permitted by applicable laws, NexCloud is not liable for use of service or service unavailability any indirect, special, incidental damage or any related damage including but not limited to profit loss or data loss.

13.4. In no event shall NexCloud’s cumulative and aggregate liability under these terms exceed service fees that NexCloud offers.

 

14. Indemnity

14.1. NexCloud is not liable for any of your activities or results that cause damage, loss, illegal activities, and any civil and criminal liability and compensation. Your use of the NexCloud is at your own risk.

14.2. As long as NexCloud conduct any required legal activities, NexCloud is not liable for any damage or loss.

14.3. NexCloud is not liable for any information leakage and damage of information caused by external interruptions.

14.4. NexCloud is not liable for loss or damage caused by free trials that provided to you and its use.

14.5. Changes are periodically made to the information and NexCloud may make additions, updates, improvements and discard at any time without your prior consent to the changes.

14.6. NexCloud assumes no liability or responsibility for any service and software provided by NexCloud.

 

  1. The Effectiveness of Terms

When you apply for service, NexCloud grants a license to you, this agreement shall be effective.

16. A Competent Court

16.1. Except specified in the terms, general practices and contingency act shall be followed and interpretation of terms or conflict over proper fulfillment of the terms shall be resolved by agreement between you and NexCloud.

16.2. If the agreement is not established, it will be dealt with a court that in charge of where NexCloud is located.

 

These terms are effective as of August 1. 2018