Terms of Service

Overview

This Terms of Service agreement (This “agreement”) is entered into by and between Nervos Ltd, an Ontario Corporation (“Nervos”) and you, the person, persons or entity (“you, your”) and is made effective after use of the Nervos website (“website”) or the date of acceptance of this form. This agreement sets forth the general terms and conditions that must you abide by in order to use the products and services provided by Nervos (the “services”) in addition to any, but not all specific conditions that may apply to the services and products provided. Browsing the website, purchasing services or using services provided by Nervos and/or your electronic acceptance of this agreement signifies that you have read, understood and agreed to be bound by the agreement and with the policies held by Nervos.
The terms “we”, “us”, “our” or “company” shall refer to Nervos. The terms “you”, “user”, “customer”, party” or “your” shall refer to any person or entity whom agrees and accepts this agreement, and uses the services. Nervos reserves the right to change, modify or update this agreement at our own discretion at any time without the consent of the company’s customers. Your continued use following the modification constitutes to your continued acceptance of this agreement.

Additional reservation of rights

Nervos reserves the right to deny, terminate, cancel, suspend, lock or modify access (Or control of) any account or service for any reason determined by Nervos to be against our terms and conditions. Nervos reserves the right to review any and every account for excessive space and bandwidth usage, and terminate or apply additional charges to those accounts that exceed the allowed levels. Nervos reserves the right to terminate your account and/or services without notification to you where in Nervos’ sole discretion, you are harassing or threatening Nervos and/or a Nervos employee(s) and/or Nervos’ customers.

Links to third party websites

The Nervos Site, as well as any sites hosted by Nervos’ services may have external links to third party websites. By accepting this agreement, you acknowledge that Nervos is not liable for anything found on said third party sites. Nervos does not claim responsibility for any damaged caused by third party websites or links to third party websites found on the Nervos website.

Accounts

Accounts will have to be created in order purchase and access our services. Account information must be kept accurate and current at all times. Nervos reserves the right to suspend or terminate your account if information is suspected or found to be false or incorrect. You are solely responsible for the security of your account. Nervos is not responsible for any loss accompanied by a security breach of your account, but you may be held responsible for damages Nervos or Nervos’ customers incur due to your account.

Eligibility

The services listed on the website are available only to users who are able to form and legally sign binding contracts under their local law. By using the services, you agree that you are (i) at least 18 years of age, (ii) recognized as being able to form and sign binding contracts under the law (iii) not a person barred from purchasing or receiving services in any applicable jurisdiction. If you are entering into this agreement on behalf of a corporate entity, you warrant that you have the authority to bind said corporate entity to the terms and conditions contained within this agreement. If found afterwards that you do not have the authority to bind such entity, you will be personally responsible for withholding all payments and withholding all covenants found in this agreement.

 Availability of website and services

Nervos holds the promise that we will use all commercially available efforts to attempt to provide the availability of our site and all of our services on a 24 hour a day, 7 day a week basis. By accepting this agreement, you acknowledge that the site and/or any services may be inaccessible or inoperable for any reason including, but not limited to, equipment failure, periodic maintenance, repairs or replacements that we undertake from time to time. By accepting this agreement, you also acknowledge and agree that we have no control over the availability of the services or website in the case of unforeseen reasons and we assume no liability to you or any party using our services or website.
From time to time, Nervos will release new publicly available packages as a beta phase. Nervos reserves the right to change, remove or modify any aspects of new packages while in the public beta phase. By accepting this agreement, you acknowledge and agree that packages in the beta phase can be changed, and all paid services are non refundable unless stated otherwise.

Content monitoring and account termination

Nervos reserves the right to decide whether or not users content is appropriate and complies with this agreement. Nervos also reserves the right to terminate any account or services linked to an account that is found uncompliant to the terms listed in this agreement. If you account is found uncompliant, Nervos reserves the right to destroy all of your data found on our services and website, as well as any website provided by Nervos.

Limitations of Liability

In no event will Nervos, nor any employees, workers or third party providers be liable to you or any other entity for direct, indirect, incidental, punitive or consequential damages whatsoever. In addition, you must report any incidents within one (1) year of occurrence or the case will be permanently barred. In addition, you must acknowledge that in no event Nervos’ total aggregate liability shall exceed $5000 CAD (Canadian Dollars). This specific covenant will survive any termination or expiration of this agreement.

General Rules of Conduct

By agreeing to all terms listed in this agreement, you also must agree that

  • Your use of this website and services will comply with any and all applicable local, provincial, national and international laws.
  • You will not collect or harvest any personal information from any person or entity without consent.
  • You will not use the services in a manner that;
    • Is illegal, or promotes illegal activities
    • Promotes, encourages or engages in child pornography
    • Engages in, promotes or encourages terrorism, violence in any form, animal cruelty or property damage.
    • Promotes. Engages in and/or encourages spam, hacking and/or cracking.
    • Infringes on the intellectual property rights of another user or entity.
    • Violates the privacy or publicity rights of another person or entity.
    • Interferes with the website or services in any way.
    • Contains any form of malware.
    • Contains false information.
  • You will not alter any part of the website or the services offered by Nervos
  • You agree that Nervos is not responsible for any lost data and you are assumed to be backing up your own personal data.
  • You will not resell services provided by Nervos unless given written permission to do so by Nervos.
  • You agree to provide a valid, government issued photo identification or business ID if and when requested
  • Nervos may call you regarding your account from time to time in which case Nervos reserves the right to record any and all interactions during the call.
  • If an account is found breaking any covenants listed on this agreement, Nervos reserves the right to terminate the account immediately and without any reimbursement.

No spam

In no case will spamming be tolerated. Any accounts, people or entities that partake in spamming will have their accounts and services suspended, fully investigated and consequences will be taken if found guilty. We define spamming with the dictionary definition of unsolicited emails, phone calls or any other form of communication, sent indiscriminately to multiple mailing lists, individuals or newsgroups. Any form of communication sent as commercial advertisement must have users consent via an opt-in request, as well as having a proper reply address, return address, the sender’s physical address and an opt-out method in the footer. Any account suspected and found to be guilty of spamming will be terminated and a reactivation fee will be applied to the account in the case of reactivating the account at a later date. If liquidation damages cannot be determined, the account in question could face an additional charge of $1 per piece of spam or unsolicited bulk email confiscated from your account. You must abide by any laws or acts governing the abuse of spam, as well as agree to the above covenant.

Discontinued Services

Nervos reserves the right to cease offering any services without prior notice to the company’s customers. In the event of a service reaching its end of life, Nervos will attempt to contact you at least thirty (30) days prior to the end of life date. End of life compensation will be taken on a case by case basis and is up to Nervos’ discretion as to a reasonable compensation or alternate service. At Nervos, we will do everything in our power to continue services for as long as possible and provide a reasonable alternative in the case of a services end of life.

Disclaimer of warranty

Using the services provided by Nervos are at your own risk. Nervos will not provide any sort of warranty other than anything specifically written by Nervos, nor will anyone working within Nervos, nor any third party companies working with Nervos or linked to from the website provide any additional warranty other than what is specifically stated.  In addition, any information provided to you by Nervos or employees of Nervos should not be taken as legal or financial advice and you must not rely on such information for any reason. This specific covenant will survive any termination or expiration of this agreement.

Payment

You agree that payments will be processed through bsp.nervos.ca. You agree to pay the company any prices or fees that are due to the company. All fees for services are nonrefundable unless stated otherwise. If you are billed on a monthly basis, payment will be taken from the day the service is purchased unless past the 28th day of the month, in which case the service will be billed on the 28th of each following month. Nervos reserves the right to change or modify any prices for any services offered at any time. If you have purchased a service for an extended period of time, the change in price will become effective at the next date of renewal. You must pay for the services using the payment methods listed here and on our site, either using PayPal, a valid credit card or through your account credit. Confirmation of payment will be sent to the primary email address on file. You acknowledge that Ontario sales tax will be added to the total cost of the service purchased.

I: Refunds

You acknowledge that in the case of a refund, Nervos has no control over the time taken to return the refunded amount. Nervos also reserves the right and is up to the company’s sole discretion to decline refunds for any reason. Refunds can only be done on qualifying services and must be done within the refund time period. Any free promotions that are refunded will be deducted off of the refunded price at the amount equal to the total cost of the service refunded.

II: PayPal

By using the PayPal option, you can purchase our services using your PayPal account. By using this method, you agree to pay the full amount from your PayPal account, or any method linked to your PayPal account. If in the situation where the transaction is declined for any reason, Nervos reserves the right to terminate the account associated with the account and peruse legal action to remedy the declined payment

III: Account Credit

In the event of the use of your account credit, you may use the credit associated with your account to purchase services on the website. In the event the balance does not cover the full amount of the service chosen, the next available payment method will be used to complete the transaction.

Product credit

In the event that your account is provided with a product credit, that credit must be used within one (1) year of becoming available on your account. Nervos reserves the right to remove the credit for reasons such as, but not limited to transfers, deletion of product and/or termination of account. Accounts that use a credit will be billed on a month – by – month basis following the credit’s expiration.

Successors and heirs

This agreement shall be binding upon and to the benefit of the parties hereto and any successors and/or heirs. Any successors or heirs to the services will be bound to this agreement.

Compliance with local laws

Nervos makes no representation or warranty that the content found on this website or services complies with your local laws. It is your responsibility to confirm that the website and services comply with all local laws, rules and regulations.

This agreement is governed by and in accordance with the federal law of Canada and provincial law of Ontario. This agreement is executed in the English language. If there is any translations of this agreement that cause miscommunication, the English translation will overrule all other language translations.

© 2018 Nervos Limited, All Rights Reserved.