Terms of Service

Definitions

  • "Data Center" refers to our Novex Colocation facility located in Toronto, Canada, where Novex providescolocation and related services.
  • "Services" refer to the colocation and related services offered by the Novex data center, including but notlimited to space, power, cooling, and network connectivity.
  • "Customer" or “User” refers to any individual or entity that utilizes our Services.
  • "Agreement" refers collectively to these Terms of Service, any applicable Service Level Agreement (SLA),and any other terms or policies referenced herein.

1. Acceptable Use

  • 1.1 Customers shall use the Services in compliance with applicable laws, regulations, and industrystandards.
  • 1.2 Customers shall not engage in any activity that may disrupt the operation or integrity of the DataCenter or its network or infringe upon the rights of other customers or third parties.
  • 1.3 Customers shall not use the Services for any illegal, fraudulent, or unauthorized purpose.

2. User Obligations

  • 2.1 Compliance: The User shall comply with all applicable laws and regulations related to the use of theservices provided by the Data Center. The User is solely responsible for ensuring that their use of theservices does not violate any intellectual property rights or infringe upon the privacy or security of anythird party.
  • 2.2 Equipment: Unless Novex Colocation has provided the equipment, the User shall provide andmaintain all necessary equipment and software required for the use of the services. The User isresponsible for the configuration, installation, and ongoing management of their equipment.
  • 2.3 Security: The User shall implement appropriate security measures to protect their equipment anddata from unauthorized access, including but not limited to using strong passwords, encryption, andregularly updating security patches.

3. Services Provided

  • 3.1 Colocation Services: The Data Center agrees to provide the customer with colocation services,which include the provision of secure and controlled physical space, power, cooling, and networkconnectivity for the user's servers and equipment.
  • 3.2 Service Level Agreement (SLA): The Data Center strives to provide reliable and uninterruptedServices. When inquired, Novex may offer an SLA outlining our commitments regarding serviceavailability, uptime, and response times. For further information about Service Level Agreement (SLA)please email us at sales@novexcolo.ca
  • 3.3 Additional Services: The User may request additional services, such as remote hands support,hardware installation, and equipment maintenance, which may be provided by the Data Center subjectto availability and additional fees.

4. Data Protection and Privacy

  • 4.1 Confidentiality: The Data Center agrees to maintain the confidentiality of User's data and shall notdisclose it to any third party, except as required by law or with the User's consent. The Useracknowledges that the Data Center may need to access the User's equipment for maintenance,troubleshooting, or security purposes, and grants the Data Center limited access rights solely for thesepurposes.
  • 4.2 Data Backup: The User is solely responsible for creating and maintaining backups of their data. TheData Center shall not be liable for any loss or corruption of data.
  • 4.3 Data Protection: Customers are responsible for implementing their own security measures toprotect their data and systems. Novex Colocation are not liable for any loss or unauthorized access toCustomer data stored within the Data Center.
  • 4.4 Data Retention: The User agrees that the Data Center may retain certain information, including butnot limited to User's contact details and usage data, for billing, support, and analytical purposes, inaccordance with applicable data protection laws.
  • 4.5 Security Measures: Novex implements reasonable security measures to protect the Data Centerand the data stored within from unauthorized access, loss, or destruction.

5. Payment and Billing

  • 5.1 Fees: The User agrees to pay the fees for the services provided by the Data Center as set forth inthe pricing agreement or invoice. All fees are non-refundable and payable in the currency specified byNovex Colocation.
  • 5.2 Invoicing and Payment Terms: The User shall pay all invoices by the due date specified in theinvoice. Late payments may be subject to late fees or service suspension at the Data Center'sdiscretion.

6. Limitation of Liability

  • 6.1 Exclusion of Damages: To the maximum extent permitted by law, the Data Center shall not be liablefor any direct, indirect, incidental, special, or consequential damages arising out of or in connectionwith the use or inability to use the services, even if the Data Center has been advised of the possibilityof such damages.
  • 6.2 Indemnification: The User agrees to indemnify and hold the Data Center harmless from any claims,damages, losses, or expenses arising out of the User's use of the services or any breach of thisAgreement

7. Termination

  • 7.1 Termination for Convenience: Either party may terminate this Agreement for any reason byproviding written notice to the other party at least 30 days prior to the intended termination date.
  • 7.2 Termination for Breach: Either party may terminate this Agreement immediately if the other partybreaches any material provision of this Agreement and fails to remedy the breach within 14 days ofreceiving written notice specifying the breach.
  • 7.3 Suspension of Services: Novex Colocation reserve the right to suspend or terminate Servicesimmediately if a customer engages in any activity that violates these Terms or poses a risk to the DataCenter or its network.

8. General Provisions

  • 8.1 Governing Law: These Terms shall be governed by and construed in accordance with the laws ofthe Province of Ontario, Canada. Any disputes arising out of or relating to these Terms shall be subjectto the exclusive jurisdiction of the courts located in Toronto, Canada.
  • 8.2 Entire Agreement: This Agreement constitutes the entire agreement between the parties andsupersedes all prior or contemporaneous agreements, understandings, or representations, whetheroral or written, relating to the subject matter of this Agreement.
  • 8.3 Modification: This Agreement may only be modified in writing and signed by authorizedrepresentatives of both parties.
  • 7.4 Severability: If any provision of this Agreement is held to be invalid or unenforceable, the remainingprovisions shall continue to be valid and enforceable to the fullest extent permitted by law.

9. Modifications

Novex Colocation reserve the right to modify or update these Terms at any time. Novex Colocation willnotify Customers of any material changes via email or by posting a notice on our website. Continued use ofour Services after such modifications constitutes acceptance of the updated Terms.

By using our services, the User acknowledges that they have read, understood, and agreed to be bound by theterms and conditions of this Agreement.