These terms and conditions aim to define the rights, obligations, responsibilities, and other necessary matters between Nubo (hereinafter referred to as the “Company”) and the user (hereinafter referred to as the “Customer”) regarding the use of the cloud service (hereinafter referred to as the “Service”) provided by the “Company”.
The definitions of terms used in these terms and conditions are as follows. Terms not defined in the following items shall be interpreted according to relevant laws and regulations or service-specific guides specified on the homepage.
These terms and conditions become effective by being posted on the service homepage (to be changed to the Company's homepage address later).
When the Company amends the terms and conditions, it shall specify the effective date and the reason for the amendment and post them along with the current terms and conditions on the initial screen of the Company's homepage for at least 7 days before the effective date.
The Customer may object to the amended terms and conditions. If the Customer does not express refusal and continues to use the service after 7 days from the effective date of the amended terms and conditions, they are deemed to have agreed to the changes in the terms and conditions.
Matters not specified in these terms and conditions shall be governed by relevant laws and regulations, commercial practices, and service-specific guides specified on the homepage.
The Customer must agree to the terms and conditions posted on the homepage to use the service. The Customer agrees to the service terms and conditions by clicking the 'Agree' button in the terms agreement procedure when applying for a subscription on the Company's homepage.
After the terms agreement procedure, completing the form specified by the Company completes the service use application. The Company may request the submission of separate written application documents and supporting documents related to the contract (such as a copy of the business registration certificate or, for individuals, a copy of the resident registration card) if deemed necessary for the importance of the contract or business needs.
The Customer must enter their real name and actual information when applying for use. Customers who violate this cannot receive legal protection upon service termination and may face restrictions on service use.
Personal information provided by the Customer during the application for use is protected according to relevant laws and regulations and the Company's privacy policy.
Children under the age of 14 cannot register as members.
Intellectual property rights related to server operation are fundamentally recognized as belonging to the individual who registered the ID during membership registration, and the resulting payment obligations also lie with the registrant of the ID. However, if corporate information such as a business registration number or credit card information is registered separately, ownership of intellectual property rights related to the server is recognized prioritizing this information over the personal information of the registered ID, and the responsibility for the resulting payment obligations also lies with the corporation.
The use agreement is established only when the Customer applies for service use on the Company's homepage and registers a credit card for payment of usage fees.
Once the use agreement is established, the desired service is automatically activated immediately upon application, allowing service use. However, if post-processing work such as license purchase is required, manual activation may occur after application.
The Customer can use the service upon receiving notification of the server address information for access and operation-related account information via the email address provided in the application form. The service activation notification date becomes the base date for service usage fee settlement.
If the Customer has not signed a separate written contract document with the Company, copies of the service terms and conditions, copies of the product information for the applied service posted on the homepage, the service application details on the Company's homepage, copies of the deposit passbook or credit card sales slips, and tax invoices issued by the Company can serve as substitutes for contract documents.
The Company automatically accepts the use application in the order of receipt if the Customer accurately fills out the matters specified in Article 7 when applying for use, unless there are special circumstances.
The Company may refuse the service application in the following cases:
The Company may defer acceptance of the use application if acceptance is difficult due to the Company's circumstances.
The Company must provide the service requested by the Customer stably and continuously.
The Company must secure sufficient bandwidth margin to ensure no problems arise in the operation of the network bandwidth contracted by the Customer.
If a failure occurs that hinders service operation, the Company must repair or restore it immediately and do its best to ensure stable service operation.
The Company must handle opinions or complaints legitimately raised by the Customer immediately or according to the period and procedures set by the Company.
The Company collects and stores the Customer's personal information for smooth service application and operation and cannot provide it to a third party without the Customer's consent. However, exceptions are made for querying a credit information provider's server to verify the Customer's identity at the time of membership registration, when requested by relevant authorities for investigation purposes under relevant laws, when requested by the Korea Communications Standards Commission, or when providing information to credit information providers or credit information concentration agencies due to overdue service usage fees.
The Company shall strive to provide convenience to the Customer in procedures and contents related to the contract, such as the conclusion, modification, and termination of the use agreement.
The Customer has the obligation to accurately enter their actual information during membership registration or information changes.
The Customer has the obligation to pay the service usage fees determined by the Company on the designated date.
The Customer must not engage in acts that interfere with the service operation of the Company and other customers.
The Customer must not engage in illegal activities under domestic or international law using the Company's service.
The Customer must perform regular security updates related to system operation to ensure the server they operate is securely protected from unauthorized intruders. The Company is not responsible for security incidents unless a separate system security service contract has been concluded with the Company.
The Customer has the obligation to separately store data, etc., on the server they operate. The Company is not responsible for information leakage, omission, or data loss due to hardware failure, external intrusion, etc., unless a separate data backup contract has been concluded with the Company.
The Customer is responsible for issues related to intellectual property rights arising from the server they operate and must acquire licenses for installed software or install only license-free software.
The responsibility for managing various IDs and passwords lies with the Customer, and the Customer is responsible for damages arising from their leakage.
If changes occur in the information provided to the Company during the service application, the Customer must modify or supplement it as soon as possible through the relevant procedures. The Customer is responsible for problems arising from this.
Intellectual property rights and other intellectual property rights for works created by the Company belong to the Company unless otherwise notified. The Customer must not infringe on the intellectual property rights of the Company and third parties.
Customers and visitors to the Company's homepage must not use information obtained through the Company's service for profit or allow third parties to use it by methods such as reproduction, transmission, publication, distribution, broadcasting, etc., without the prior consent of the Company.
The Company provides uninterrupted service 24 hours a day, 365 days a year, as a principle, unless there are special business or technical obstacles. However, the service may be temporarily suspended during times required for regular inspections or system upgrades. Scheduled temporary service suspensions due to planned work will be announced in advance on the Company's homepage or via email.
If service interruption occurs due to the following reasons, the Company is not deemed at fault, even if there is no separate notification from the Company, as these are beyond the Company's control or prevention:
If the Customer's service usage falls under any of the following cases, the Company may suspend the network access of the operating server and request the Customer to resolve the issue:
The service product use agreement is, in principle, automatically renewed indefinitely unless the Customer submits a separate termination application.
Subscription cancellation is processed automatically immediately upon application. Upon application, the status becomes 'pending cancellation'. While in the 'pending cancellation' state, it changes to 'cancelled' on the next payment date, and no further payments occur. Service use is not suspended during the 'pending cancellation' state.
If the Customer has outstanding service usage fees billed by the Company, the Company may restrict change applications.
The Company may restrict change applications if there is no available capacity in facilities, if providing the service is technically difficult, or if the Company's service policy changes.
If the Customer is not satisfied with the service provided by the Company or fails to achieve the intended results, the Customer may apply for a refund.
A full refund is possible for refunds requested within two days of payment.
If the service usage fee is not paid from the registered credit card on the monthly payment date, service use becomes immediately unavailable. If payment is made within 5 days, the previous state is automatically restored. After 5 days, it is completely deleted and cannot be recovered.
Once registered, the ID, member-related information, and corporate information cannot be modified online separately. However, if information needs to be changed due to new business establishment after ID creation, it will be modified after information verification.
In case of succession of legal status established with the Company due to reasons such as inheritance, merger, division, or business transfer, this is determined by the free will of the parties involved, and the Company does not interfere unless there are special reasons.
The Customer must immediately create a new ID upon the occurrence of such reason, attach a copy of the business registration certificate (or resident registration card for individuals) and, if necessary, related documents proving the succession of legal status, and apply according to the form and procedure designated by the Company. After review, the service operation and intellectual property rights will be transferred to the newly created ID, and the work costs incurred in relation to this will be charged to the new ID.
Upon succession of legal status, the service usage fees up to the point of the reason's occurrence must be fully paid to the Company. If there are unpaid costs, the Company may refuse cooperation related to this matter.
If there is a contract for a specific period, a penalty fee may be charged according to Article 37 upon service termination due to the Customer's fault.
Services provided free of charge may be automatically terminated without separate notice upon termination of the use agreement.
The Company may terminate the service use agreement ex officio without separate consultation if the Customer's service usage falls under any of the following cases:
The Company will immediately activate the service when a Customer who has registered an appropriate card as a payment method applies for the service, and provide usage-related information such as access IP, password, etc., via the registered email address.
The service use commencement time is the time when the service was applied for and activated.
Cloud PC management must be done directly by the Customer unless a separate Cloud PC management contract is signed with the Company. The Customer can request technical support from the Company when needed, and the Company charges fees based on policy and work difficulty.
The Customer can apply for technical support by requesting consultation on the homepage. The Company verifies the Customer's identity by checking the ID and password entered during the service application.
To request technical support requiring login with system administrator privileges, the Customer must back up data to a separate storage device in preparation for data loss before requesting technical support.
In case of data loss due to operator error, the Company will restore the system within the scope of the backup data held by the Customer. The Company cannot restore parts for which there is no backup data, and the Customer cannot claim damages or hold the Company responsible for this.
The Customer can review the results within 7 days after the completion of technical support work and request rework for unsatisfactory or erroneous parts. The Company cannot be held responsible for problems discovered after this period.
If data loss, system malfunction, etc., occur due to technical support, the Company's liability for this cannot exceed 10 times the technical support fee paid by the Customer for the work.
For work requiring the creation of a new administrator ID and password due to loss of system administrator privileges, the Company may request separate identity verification in addition to ID and password confirmation.
Costs incurred for phone calls during technical support are calculated and charged per 10 seconds based on the government-announced software service labor cost per technical grade.
The Customer can rent equipment from the Company and must pay the monthly equipment rental fee upon rental.
If the rented equipment has problems with service use, the Customer can request equipment replacement from the Company, and the Company must respond immediately. However, in case of equipment loss due to the Customer's fault, the Customer must bear the repair costs and use it after repair.
For rented equipment with a fixed contract period, except for termination due to the Company's fault, a termination penalty fee specified in the contract will be charged for cancellation before the contract period ends.
If the rental fee is overdue for 1 month or more, the Company will notify the Customer to pay or return the rented equipment. If payment is not made for more than one week, the Company may forcibly reclaim the rented equipment.
Rented equipment cannot be taken outside the IDC.
If the equipment rented to the Customer includes data storage devices, the Customer must back up the relevant data before returning it. After the return procedure is completed, the system will be arbitrarily formatted and reclaimed, and the Company cannot be held responsible for any damage related to data loss.
The IP address assigned to the Cloud PC is generally a shared IP address unless otherwise specified. However, if there is a separately specified IP address policy according to the service product, that policy applies.
"Spam mail' refers to commercial advertising emails sent in bulk against the recipient's refusal or without consent.
The Customer must comply with all regulations related to spam mail defined in the 'Act on Promotion of Information and Communications Network Utilization and Information Protection, etc.' and the 'Guide to Preventing Illegal Spam for Businesses'.
The Company designates and operates a spam manager who can receive and process complaints related to spam mail and posts the details on the Company's homepage.
The spam manager will faithfully respond regarding corrective actions within 7 days of receiving a complaint. However, if the response is delayed due to the spam manager's circumstances, the reason will be notified to the complainant in advance.
If a spam mail complaint arises due to the Customer's equipment within the Company, the spam manager will request the Customer via email, etc., to take action on the matter. The Customer must notify the spam manager of the actions taken within 7 days. However, if the response is delayed due to the Customer's circumstances, the Customer must notify the Company's spam manager of the reason in advance.
If the regulations mentioned in paragraph ① are not complied with, or the contents of paragraph ⑤ are not faithfully implemented, the Company may take measures such as suspending service use and may report or file complaints with relevant administrative agencies such as the Korea Communications Commission or judicial authorities.
"Electronic intrusion" refers to attacking an information system through hacking, computer viruses, logic/mail bombs, denial of service, or high-power electromagnetic waves.
"Electronic intrusion incident" refers to a situation caused by an intrusion act.
"Security threat" refers to a cause or act that causes loss to an information system or an action or event that harms security.
"Security vulnerability" refers to a weakness in the information system that is the target of a security threat.
The Company frequently provides the Customer with information related to hacking, computer viruses that could threaten the Customer's information and communication system, and new security vulnerabilities via email or the homepage.
The Company may conduct regular or irregular security vulnerability analyses of the Customer's internal network to enhance the safety and reliability of the Customer's equipment and the entire IDC network.
After the security vulnerability analysis, the Company provides the results and improvement measures to the Customer to be used for strengthening the Customer's internal system and network security.
The Company does not disclose the Customer's information obtained through security vulnerability analysis to third parties and does not use it for any purpose other than strengthening the Customer's internal system and network security.
The Customer must take appropriate security measures for the information system they manage to prevent intrusion incidents.
The Customer must receive alerts and information related to security vulnerabilities provided by the Company and faithfully implement instructions for preventing intrusion incidents.
The Customer cannot use the Company's information system or other customers' information systems for the following intrusion activities that threaten the security of the Company or other customers:
If abnormal signs are detected or an intrusion incident occurs in the information system under management, the Customer must immediately notify the Company's intrusion incident manager.
Detailed breakdowns of service usage fees and any changes thereto are posted on the Company's homepage.
If usage fees change during the usage period, this will be posted on the homepage and notified via email.
Payment of usage fees is possible only by credit card; bank transfer payment is allowed only in unavoidable cases.
The Customer is responsible for disadvantages such as service suspension resulting from contract termination due to non-payment caused by failure to automatically charge the registered credit card.
The principle is prepayment.
The Company may request debt collection and registration of default information with a credit information company to collect overdue fees from customers who are delinquent in paying usage fees, etc.
If the Customer fails to pay the usage fee by the due date specified on the invoice, the Company may charge the Customer a late payment penalty equivalent to 3/100 (3%) of the overdue fee.
The late payment penalty under paragraph ① may be added to the overdue usage fee and charged starting from the day after the usage fee payment due date expires.
Customers who object to paid or billed fees must file an objection with the Company within 30 days from the payment or billing date. The Company will notify the results of the objection in writing or by phone within 7 days.
If the Company cannot notify the results within the period specified in paragraph ① due to unavoidable reasons, it will designate a new processing period and notify the Customer along with the reason for the delay.
In case of overpayment or incorrect payment of fees, the amount will, in principle, be offset against newly occurring service usage fees. If a refund is necessary, the credit card payment will be cancelled. If cancellation is not possible due to the elapsed time, the refund amount minus a 5% payment processing fee will be refunded to the account designated by the Customer.
If the Customer violates the provisions of these terms and conditions and evades service usage fees, the Company may charge an amount equivalent to twice the evaded amount.
If the Customer is unable to use the service due to the Company's clear fault, the Customer may claim damages from the Company.
The Company separately prepares a Service Level Agreement (SLA) regarding the scope of damages related to its fault.
Claims for damages must be made in writing by the Customer to the Company, stating the reason for the claim, the claimed amount, and the basis for calculation. The right to claim damages expires if not claimed within 3 months from the date the reason for the claim became known. The same applies when 3 months have passed since the date the reason for the claim occurred.
If the Customer violates the matters stipulated in these terms and conditions and causes damage to the Company, the Company may claim damages against the relevant Customer.
The provisions of Article 36 shall apply mutatis mutandis to the procedure when the Company claims damages against the Customer.
The Company has no obligation to compensate for damages if the Customer's damage occurs due to the reasons specified in Article 13, Article 14, Article 19, and Article 21 paragraph ④ of these terms and conditions.
The Company is exempt from liability for data loss in the following cases:
The Company is not responsible for damages arising from the Customer's failure to obtain expected benefits from the Company's service provision, potential value associated with the service, or the selection or use of service data.
The Company is not responsible for losses arising from transactions, such as goods trading, conducted between customers or between users and third parties mediated by the service.
The Company is not responsible for any damages related to the use of services provided free of charge to the Customer.
Matters not specified in this agreement shall follow the laws, enforcement decrees, and guidelines of the Republic of Korea, the "Standard Terms and Conditions for Server Hosting and Colocation Services" and "Standard Terms and Conditions for Web Hosting Services" of the Korea Hosting & Domain Association, and generally accepted commercial practices.
If a legal dispute arises, it shall be filed with the court having jurisdiction over the location of the Company's headquarters.
The Company promises to faithfully abide by the terms and conditions, and service provision substitutes for a signature.
The Customer promises to faithfully comply with the above terms and conditions, and clicking the agree button during the subscription application substitutes for a signature.
This Service Level Agreement (hereinafter "this SLA") aims to clearly define the scope of compensation when a service failure occurs due to reasons attributable to Nubo (hereinafter "Company") and the user (hereinafter "Customer") suffers damages as a result. Matters not stipulated in this SLA shall follow the terms of the service use agreement, and in case of conflicting content, this SLA shall prevail.
The Company guarantees an annual availability of 99.9% for the services it provides. If this availability is not met due to the Company's clear fault, the Company shall compensate for damages upon the Customer's claim.
Availability refers to the ratio of the time the service is accessible (actual uptime) compared to the scheduled service operation time (scheduled uptime).
Service failure time is measured from the time the Customer notifies the Company of the inability to use the service and the Company confirms it (or from the time the Company knew or could have known about the fact beforehand).
Service failure means a situation where direct or indirect access to the service provided by the Company is continuously impossible.
The amount of damages is calculated based on 10 times the amount obtained by multiplying the service failure time by the number derived from dividing the average daily fee of the last 3 months (applying the failure period if less than 3 months) by 24 (hours), and compensation is made after consultation. However, if the service failure time is less than 1 hour, it is considered 1 hour.
In the event of an incident where data is lost due to service failure, compensation is provided by calculating the damage amount as 100 times the daily usage fee of the relevant service, limited to products where data backup is guaranteed.
Data loss includes the following cases:
If the Customer wishes to claim damages for data loss, they must apply in writing to the Company, stating the reason, the claimed amount and calculation basis, and detailed failure information.
This SLA does not apply in the following cases: