Service Level Agreement

 

NivaCity offers a 99.9% Uptime Guarantee. That means your web site is guaranteed operational 99.9% of the time in any calendar month. NivaCity guarantee 99.9% service uptime allows for 45 minutes of (HTTP) service outage per month as defined here. For each additional 45 minutes of downtime you will receive 10% credit or refund. Regardless of the number of outages, all refunds are limited to one month’s hosting service fees and do not include excess usage fees or other nonstandard recurring charges.

The amount of the credits are determined by the following table, based on the amount of Server Uptime the Reseller NivaCity network has provided for the month in which a credit is requested.

 

NETWORK UPTIME
FOR THE MONTH
PERCENTAGE OF MONTHLY
CREDIT UPON PROPER REQUEST
99.9 - 100%0% credit
99.7 - 99.8%10% credit = 3 days
99.5 - 99.6% 25% credit = 8 days
99.3 - 99.4% 50% credit = 15 days
99.0 - 99.2% 75% credit = 23 days
98.9% and below 100% credit = 1 month

 

NivaCity will not be held responsible for Service Outages resulting from non NivaCity operated equipment including, but not limited to, Internet NAP failures or congestion and backbone failures. Additionally, NivaCity will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or denial of service attacks on customer web sites. Refunds will be issued upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. Refund requests must be made within five (5) days of the issuance of the invoice that represents the time period during which the service outage took place.

 

Privacy Policy

 

NivaCity has created this privacy statement in order to demonstrate our commitment to privacy to our customers and users of our products, services, online services, websites, and web services. This Privacy Policy governs the manner in which NivaCity uses, maintains and discloses information collected from its customers and users of our Services.

 

1. Privacy

NivaCity is committed to developing long lasting relationships based on trust. As such, NivaCity will do everything in its power to ensure that your right to privacy is maintained and protected.

 

2. Information We Collect

NivaCity may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information. The information we collect is personal information that identifies you personally, such as: First and last name

Address

Email address

Phone Numbers

Billing information

NivaCity may also collect information about how users access our Services using a tracking ID unique to each user through the use of cookies or other similar means.

 

3. Information Storage

Your personal information may be transferred to and stored at our office and associated data centers. By accepting our Terms of Service and/or a software EULA, you are explicitly consenting to this transfer and storage taking place. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.

 

4. Cookies

A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computer’s hard drive for an extended period of time. Your browser’s help file contains information and instructions for removing persistent cookies. Session ID cookies may be used by NivaCity to track user preferences while the user is using our Services. They also help to minimize load times and save on server processing. Persistent cookies may be used by NivaCity to store whether, for example, you want your password remembered or not, and other information. Cookies used on NivaCity websites do not contain personally identifiable information.

 

5. Log Files

Like most standard websites, we use log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.

 

6. Information Usage

NivaCity may use the personally identifiable information collected by NivaCity to contact customers regarding products and services offered by NivaCity and, to the extent the User has agreed to it, by its trusted affiliates, independent contractors and business partners. We may also use this information for research purposes regarding the effectiveness of our Services and marketing and sales efforts. NivaCity will not in any way share this information with a third party either for free or by selling it, unless you specifically authorize such disclosures.

 

7. Disclosure of Information

NivaCity may also disclose aggregate, anonymous, data based on information collected from Users to investors and potential partners. In such cases, statistical information only will be disclosed and personally identifiable data will be kept strictly confidential. In case NivaCity is sold, the information collected from users may be transferred to the new owners. NivaCity may from time to time engage third parties, including its own subsidiaries and affiliated companies, to preserve, analyse or otherwise store or manipulate data received by NivaCity from its customers. In all such cases, such third party service providers will be required to treat all such data with the same degree of care as NivaCity and they will be prohibited from disclosing such data to any other person or party, except as otherwise provided for in this Privacy Policy.

 

8. Special Offers and Updates

Our customers and users will occasionally receive information on products, services, special deals, and possibly a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications.

 

9. Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement, if, for instance, our service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

 

10. Legal Disclaimer

Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law, if we have a good-faith belief that such action is necessary and required to comply with a current judicial proceeding, a court order or legal process served on NivaCity. NivaCity websites contain links to other sites. Please be aware that NivaCity is not responsible for the privacy practices of such other sites. We encourage you to read the privacy statements of each and every Web site that collects personally identifiable information. The NivaCity Privacy Policy as described herein applies solely to information collected by NivaCity.

 

11. Maintenance of Information

The information provided to NivaCity is saved indefinitely and may be stored on one or more databases directly or indirectly maintained by NivaCity. NivaCity employs industry standard security measures to protect the confidentiality of the information. While we cannot guarantee that loss, misuse or alteration to data will not occur; we make every effort to prevent such occurrences. Any other particularly sensitive information is encrypted prior to transmission by you to NivaCity.

 

12. Your Responsibility

You are responsible for the security of the login information, such as usernames and passwords, which give you access to your private information maintained by NivaCity. Make sure you keep login information in a safe place and do not share it with others. Note that key-loggers, viruses, or other surveillance devices can intercept login information on the computers from which you access our Services, so you should take precautions regarding such devices, especially from public computers. In addition, you should always log out from any relevant Services when you are not actively using them.

 

13. Your Data Protection Rights Under The General Data Protection Regulation (GDPR)As a Data Subject, you have the following data protection rights: If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by contacting our customer care department at [email protected] In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by contacting our customer care department at [email protected] You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us via customer care department at [email protected] Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

 

14. Questions

Any questions concerning this Privacy Policy please contact our customer care department at [email protected]

Service Level Agreement

 

NivaCity offers a 99.9% Uptime Guarantee. That means your web site is guaranteed operational 99.9% of the time in any calendar month. NivaCity guarantee 99.9% service uptime allows for 45 minutes of (HTTP) service outage per month as defined here. For each additional 45 minutes of downtime you will receive 10% credit or refund. Regardless of the number of outages, all refunds are limited to one month’s hosting service fees and do not include excess usage fees or other nonstandard recurring charges.

The amount of the credits are determined by the following table, based on the amount of Server Uptime the Reseller NivaCity network has provided for the month in which a credit is requested.

 

Insert table here

 

NivaCity will not be held responsible for Service Outages resulting from non NivaCity operated equipment including, but not limited to, Internet NAP failures or congestion and backbone failures. Additionally, NivaCity will not be held responsible for delays in the registration or transfer of a domain due to InterNIC-related issues, for outages resulting from malfunctioning customer scripts or applications that are installed by the customer, or for unusual traffic spikes or denial of service attacks on customer web sites. Refunds will be issued upon request by the customer and upon determination that a service outage, as defined by this guarantee, has occurred. Refund requests must be made within five (5) days of the issuance of the invoice that represents the time period during which the service outage took place.

 

Privacy Policy

 

NivaCity has created this privacy statement in order to demonstrate our commitment to privacy to our customers and users of our products, services, online services, websites, and web services. This Privacy Policy governs the manner in which NivaCity uses, maintains and discloses information collected from its customers and users of our Services.

 

1. Privacy

NivaCity is committed to developing long lasting relationships based on trust. As such, NivaCity will do everything in its power to ensure that your right to privacy is maintained and protected.

 

2. Information We Collect

NivaCity may request or collect personal information from online users in a variety of ways, including through online forms for ordering products and services, and other instances where users are invited to volunteer such information. The information we collect is personal information that identifies you personally, such as: First and last name

Address

Email address

Phone Numbers

Billing information

NivaCity may also collect information about how users access our Services using a tracking ID unique to each user through the use of cookies or other similar means.

 

3. Information Storage

Your personal information may be transferred to and stored at our office and associated data centers. By accepting our Terms of Service and/or a software EULA, you are explicitly consenting to this transfer and storage taking place. We will take all steps reasonably necessary to ensure that your personal information is treated securely and in accordance with this Privacy Policy.

 

4. Cookies

A cookie is a piece of data stored on the user’s computer tied to information about the user. We may use both session ID cookies and persistent cookies. For session ID cookies, once you close your browser or log out, the cookie terminates and is erased. A persistent cookie is a small text file stored on your computer’s hard drive for an extended period of time. Your browser’s help file contains information and instructions for removing persistent cookies. Session ID cookies may be used by NivaCity to track user preferences while the user is using our Services. They also help to minimize load times and save on server processing. Persistent cookies may be used by NivaCity to store whether, for example, you want your password remembered or not, and other information. Cookies used on NivaCity websites do not contain personally identifiable information.

 

5. Log Files

Like most standard websites, we use log files. This information may include Internet protocol (IP) addresses, browser type, Internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks to analyse trends, administer the site, track user’s movement in the aggregate, and gather broad demographic information for aggregate use. However, none of the information stored in our log files, including but not limited to IP addresses, is linked to personally identifiable information.

 

6. Information Usage

NivaCity may use the personally identifiable information collected by NivaCity to contact customers regarding products and services offered by NivaCity and, to the extent the User has agreed to it, by its trusted affiliates, independent contractors and business partners. We may also use this information for research purposes regarding the effectiveness of our Services and marketing and sales efforts. NivaCity will not in any way share this information with a third party either for free or by selling it, unless you specifically authorize such disclosures.

 

7. Disclosure of Information

NivaCity may also disclose aggregate, anonymous, data based on information collected from Users to investors and potential partners. In such cases, statistical information only will be disclosed and personally identifiable data will be kept strictly confidential. In case NivaCity is sold, the information collected from users may be transferred to the new owners. NivaCity may from time to time engage third parties, including its own subsidiaries and affiliated companies, to preserve, analyse or otherwise store or manipulate data received by NivaCity from its customers. In all such cases, such third party service providers will be required to treat all such data with the same degree of care as NivaCity and they will be prohibited from disclosing such data to any other person or party, except as otherwise provided for in this Privacy Policy.

 

8. Special Offers and Updates

Our customers and users will occasionally receive information on products, services, special deals, and possibly a newsletter. Out of respect for the privacy of our users we present the option to not receive these types of communications.

 

9. Service Announcements

On rare occasions it is necessary to send out a strictly service related announcement, if, for instance, our service is temporarily suspended for maintenance. Generally, users may not opt-out of these communications, though they can deactivate their account. However, these communications are not promotional in nature.

 

10. Legal Disclaimer

Though we make every effort to preserve your privacy, we may need to disclose personal information when required by law, if we have a good-faith belief that such action is necessary and required to comply with a current judicial proceeding, a court order or legal process served on NivaCity. NivaCity websites contain links to other sites. Please be aware that NivaCity is not responsible for the privacy practices of such other sites. We encourage you to read the privacy statements of each and every Web site that collects personally identifiable information. The NivaCity Privacy Policy as described herein applies solely to information collected by NivaCity.

 

11. Maintenance of Information

The information provided to NivaCity is saved indefinitely and may be stored on one or more databases directly or indirectly maintained by NivaCity. NivaCity employs industry standard security measures to protect the confidentiality of the information. While we cannot guarantee that loss, misuse or alteration to data will not occur; we make every effort to prevent such occurrences. Any other particularly sensitive information is encrypted prior to transmission by you to NivaCity.

 

12. Your Responsibility

You are responsible for the security of the login information, such as usernames and passwords, which give you access to your private information maintained by NivaCity. Make sure you keep login information in a safe place and do not share it with others. Note that key-loggers, viruses, or other surveillance devices can intercept login information on the computers from which you access our Services, so you should take precautions regarding such devices, especially from public computers. In addition, you should always log out from any relevant Services when you are not actively using them.

 

13. Your Data Protection Rights Under The General Data Protection Regulation (GDPR)As a Data Subject, you have the following data protection rights: If you wish to access, correct, update, or request deletion of your personal information, you can do so at any time by contacting our customer care department at [email protected] In addition, you can object to the processing of your personal information, ask us to restrict the processing of your personal information, or request portability of your personal information. Again, you can exercise these rights by contacting our customer care department at [email protected] You have the right to opt-out of marketing communications we send you at any time. You can exercise this right by clicking on the “unsubscribe” link in the marketing emails we send you. To opt-out of other forms of marketing, please contact us via customer care department at [email protected] Similarly, if we have collected and process your personal information with your consent, then you can withdraw your consent at any time. Withdrawing your consent will not affect the lawfulness of any processing we conducted prior to your withdrawal, nor will it affect the processing of your personal information conducted in reliance on lawful processing grounds other than consent. You have the right to complain to a data protection authority about our collection and use of your personal information. For more information, please contact your local data protection authority. We respond to all requests we receive from individuals wishing to exercise their data protection rights in accordance with applicable data protection laws.

 

14. Questions

Any questions concerning this Privacy Policy please contact our customer care department at [email protected]