These documents has been translated into English ​​for informational purposes only. The original, authoritative text (in Arabic) can be found at:
https://client.nashirnet.net/index.php?m=agreements&language=arabic

Last Update: 27/08/2026

Terms and Conditions

These Terms and Conditions constitute a binding agreement between (Cloud Layers for Communications and Information Technology LLC - NashirNet), which may hereinafter be referred to as the "First Party," "NashirNet," the "Company," "we," "us," or "our," and the customer, which may hereinafter be referred to as the "Second Party," the "Customer," the "User," "you," or "your." They define the rights and obligations of each party regarding the use of the technical services provided by the Company.

Creating an account in the Client Area, using the Services, or continuing to use them constitutes an acknowledgment that you have read and understood this document and an express and final agreement to all provisions contained in this document, in addition to the supplementary documents, policies, and agreements.

Definitions:

For the purposes of these Terms and Conditions, the following words and phrases have the meanings stated next to each of them, unless the context requires otherwise:

  • First Party: The provider of technical and cloud services to the Second Party under this Agreement.
  • Second Party: Any natural or legal person who creates an account with NashirNet, or requests or uses any of its Services or Products, whether as an end user or as the legal representative of another entity.
  • Third Party: Any external entity or service provider that is not owned or operated by NashirNet, whether the Customer deals with it directly or through NashirNet. NashirNet is not responsible for its services unless expressly stated otherwise.
  • Services: All technical services provided by NashirNet to the Customer.
  • Backup: Any process intended to create a backup copy of the Second Party's data for storage or restoration purposes, whether through the Cloud Backup Service or any backup service associated with a server.
  • Account: The Customer's account in the Client Area, including its data, Services, Invoices, and support tickets.
  • Client Area: NashirNet's electronic platform used to manage accounts and Services, submit orders, review Invoices, open Technical Support tickets, and carry out related operations.
  • Technical Support: The services provided by the First Party to assist the Second Party in resolving technical issues or answering technical inquiries, as stated in this Agreement.
  • Invoice: A payment request document issued by the First Party for any Service, subscription, or fee, whether recurring or one-time.
  • Service Suspension: The temporary suspension of a Service due to a violation of the terms, non-payment, or security or regulatory reasons.
  • Service Termination: The permanent cancellation of a Service, resulting in the deletion of data and the inability to recover it, in accordance with this Agreement.

Scope of the Agreement and Supplementary Documents:

These Terms and Conditions govern the contractual relationship between the First Party and the Second Party regarding the use of all Products and Services provided by the First Party.

These Terms and Conditions, together with the supplementary policies, agreements, and documents approved by the First Party, form an integral part of this Agreement and are binding on the Second Party.

By using any Product or Service provided by NashirNet, you also agree to comply with the terms and conditions of the following policies and agreements:

If there is any conflict between these Terms and Conditions and any supplementary policy or agreement, these Terms and Conditions shall take priority unless expressly stated otherwise.

Amendments and Changes to the Terms and Conditions:

NashirNet reserves the right to amend, update, add, or remove any part of these Terms and Conditions at any time, as it considers appropriate and in accordance with applicable laws and regulations.

Any amendments to these Terms and Conditions become effective and binding on the Second Party from the date they are published on NashirNet's website, unless expressly stated otherwise.

The Second Party's continued use of the Products or Services after the effective date of the amendments constitutes express and final acceptance of those amendments without requiring any additional action.

NashirNet may, for notification purposes only, inform the Second Party of the amendments through the email address registered with NashirNet or through notices on the website or in the Client Area.

NashirNet also reserves the right to amend, update, develop, or discontinue any Product, Service, or related policy, in whole or in part, at any time and without any resulting liability, unless expressly stated otherwise in a separate agreement.

Applicable Law and Jurisdiction:

All Products and Services are provided, operated, and managed by NashirNet from its headquarters in the Kingdom of Saudi Arabia. These Terms and Conditions, and all matters arising from or relating to them, are subject to the applicable laws, regulations, and rules of the Kingdom of Saudi Arabia.

NashirNet must apply and comply with all decisions, regulations, and directives issued by the competent regulatory authorities in the Kingdom of Saudi Arabia, including the authorities with direct jurisdiction over communications, cybersecurity, and data, namely the Communications, Space and Technology Commission, the National Cybersecurity Authority, and the Saudi Data and Artificial Intelligence Authority, in relation to the provision of data, content, and internet services and to all matters not expressly addressed in these Terms and Conditions.

The Second Party must also comply with all applicable local laws and regulations in the country where it resides or where its establishment is located, provided that they do not conflict with this Agreement.

These Terms and Conditions, their subject matter and wording, and any contractual or non-contractual disputes or claims arising from or relating to them are subject to the exclusive jurisdiction of the competent courts of the Kingdom of Saudi Arabia.

The parties shall seek to resolve amicably any dispute arising from or relating to this Agreement. If an amicable settlement cannot be reached within thirty (30) days from the date one party gives the other party written notice of the dispute, the dispute shall be finally decided by the competent courts of the Kingdom of Saudi Arabia.

If any provision, or any part of a provision, of this Agreement is found to be unlawful, invalid, or unenforceable by a judgment issued by a competent court, this shall not affect the validity and enforceability of the remaining provisions, which shall remain effective and binding.

NashirNet does not provide any Products or Services in any country or geographical area where providing those Products or Services would violate applicable laws or regulations.

Official Language:

Arabic is the official and approved language of this Agreement and all related legal policies and agreements.

Any translations of this Agreement or the related policies are provided for convenience only and are not intended to be a legally binding replacement for the original Arabic texts.

If there is any conflict or difference in interpretation, the Arabic texts shall be the approved and governing reference in all cases and shall prevail over any versions translated into other languages.

Website Use:

Your access to, browsing of, or use of NashirNet's website, or any of its content or Services, is subject to these Terms and Conditions and the approved Website Use Policy published on the website, which forms a supplementary and integral part of these Terms and Conditions.

Your use of the website in any manner constitutes an acknowledgment that you have reviewed these terms and policies and fully and bindingly agree to their provisions.

Privacy Policy:

NashirNet's collection, processing, use, and protection of personal data are subject to the approved Privacy Policy published on the website, which forms a supplementary and integral part of these Terms and Conditions.

Creating an Account, using the website, or requesting or using any NashirNet Service constitutes the Second Party's express acknowledgment that it has reviewed the Privacy Policy and fully and bindingly agrees to its provisions.

Cookie Policy:

The use of cookies and similar technologies on NashirNet's website is subject to the approved Cookie Policy published on the website, which forms a supplementary and integral part of these Terms and Conditions and the Privacy Policy.

Continuing to use the website without disabling these cookies through browser settings or the controls available on the website, where available, constitutes consent to their use in accordance with the Policy.

Acceptable Use Policy (AUP):

The use of the website, Services, systems, and infrastructure provided by NashirNet is subject to the approved Acceptable Use Policy (AUP) published on the website, which forms a supplementary and integral part of these Terms and Conditions.

Using any NashirNet Service constitutes the Second Party's acknowledgment that it has reviewed this Policy and agrees to comply fully with its provisions.

Information Security Policy:

The use of and interaction with NashirNet's systems, Services, and technical infrastructure are subject to the approved Information Security Policy published on the website, which forms a supplementary and integral part of these Terms and Conditions.

Using the Services constitutes the Second Party's acknowledgment that it has reviewed this Policy and agrees to comply with the security controls and requirements contained in it.

Service Level Agreement (SLA):

The availability levels, performance standards, response times, and scope of Technical Support for the Services provided by NashirNet are subject to the approved Service Level Agreement (SLA) published on the website, which forms a supplementary and integral part of these Terms and Conditions.

Using the Services or continuing to subscribe to them constitutes the Second Party's express acceptance of the provisions of the Service Level Agreement.

Domain Registration Agreement:

The registration, management, renewal, and transfer of domain names are subject to the approved Domain Registration Agreement published on the website, which forms a supplementary and integral part of these Terms and Conditions.

Requesting or using Domain Registration Services constitutes the Second Party's acknowledgment that it has reviewed this Agreement and agrees to its provisions.

Third-Party Products and Services Policy:

The use of or benefit from any Products or Services provided by a Third Party through NashirNet or together with its Services is subject to the approved Third-Party Products and Services Policy published on the website, which forms a supplementary and integral part of these Terms and Conditions.

Using such Products or Services constitutes the Second Party's acknowledgment that it has reviewed the Policy and agrees to comply with its provisions.

Microsoft Customer Agreements:

The use of Microsoft Products and Services provided through NashirNet is subject to the Microsoft Customer Agreements approved and published on the website, in addition to the terms and conditions issued by Microsoft itself.

Using such Products or Services constitutes the Second Party's express acceptance of those agreements and the related terms.

Data Request Policy (DRP):

NashirNet's handling of requests for the disclosure, preservation, or processing of data is subject to the approved Data Request Policy (DRP) published on the website, which forms a supplementary and integral part of these Terms and Conditions.

Using NashirNet's Services constitutes the Second Party's acknowledgment that it has reviewed this Policy, understands the limits of disclosure, and agrees to comply with its provisions.

Account Eligibility:

By registering on NashirNet's website, creating an Account in the Client Area, or requesting or using any Product or Service, the Second Party represents and warrants the following:

  1. The Second Party is a natural or legal person with full legal capacity to enter into this Agreement and comply with all obligations arising from it.
  2. If the Second Party is a natural person, the Second Party must be at least eighteen (18) years old at the time the Account is created or the Services are requested.
  3. If the Second Party represents a commercial entity, that entity must be legally registered and licensed to conduct its activities in accordance with applicable laws and regulations.
  4. If the Second Party uses the Products or Services on behalf of another party, the Second Party represents that it is legally authorized to bind that party to this Agreement and act on its behalf in relation to all procedures associated with the Products and Services.

Accuracy of Information:

  1. The Second Party must provide accurate, current, and complete information about itself and the entity it represents and must provide any required official documents or evidence to verify the accuracy of this information upon request.
  2. Failure to provide the required information, or the provision of incorrect or incomplete information, may result in the rejection of the order, suspension of the Account, or termination of the Services, without any liability on the part of NashirNet.
  3. The collection, processing, storage, and sharing of personal data are subject to NashirNet's approved Privacy Policy.

Account Ownership:

  1. The Customer's Account, including all data, Services, Invoices, and support tickets associated with it, belongs to the Second Party in whose name the Account is registered.
  2. Ownership of the Customer's Account may not be transferred to any other customer in any manner.

Transfer of Service Ownership:

  1. The Second Party may transfer ownership of certain Products or Services from its Account to the Account of another customer registered with NashirNet in circumstances such as the sale, assignment, merger, or acquisition of the establishment, subject to the following conditions:
    1. The Service must be active.
    2. All Invoices associated with the Service must be paid in full.
    3. The new owner must be registered with NashirNet, or an Account must be created for the new owner before the transfer is requested.
    4. A transfer request must be submitted by the current party, and the new party must provide express approval.
  2. Previous Invoices, Technical Support tickets, and any historical records associated with the Service shall not be transferred to the new Account and shall remain retained in the current party's Account.
  3. Products and Services for which ownership cannot be transferred:
    1. Cloud Backup Services.
    2. Additional Products or Services provided by Third Parties, the transfer of which, if available, is subject to the terms and conditions of the relevant Third Party.

Account Management:

  1. The Second Party bears full responsibility for managing its Account with NashirNet, including updating Account information, information relating to associated users, additional contacts, Services, domains, and Invoices.
  2. The Second Party must update all information immediately upon any change that may affect the management of the Account or the Services provided.

Sub-Accounts:

  1. The Second Party bears full responsibility for managing the sub-accounts associated with its Account and determining the permissions of the users associated with them.
  2. The Second Party is fully responsible for all orders, Services, and Invoices processed through the sub-accounts.

Contact Information:

  1. The Second Party must update its own contact information and the contact information of its establishment, associated users, and additional contacts immediately upon any change.
  2. The Second Party confirms that it uses a valid and active email address and agrees that all communications sent by NashirNet to this address are considered official and approved means of communication.

Login Credentials:

The Second Party bears full responsibility for maintaining the confidentiality of login credentials and any security data or confidential information relating to the Customer's Account and is responsible for all activities carried out through its Account.

Limitation of Liability:

  1. Company Responsibility:
    1. NashirNet shall provide the Products and Services according to the specifications agreed upon in the order form and as expressly stated in these Terms and Conditions and any related supplementary agreements or policies, including the Service Level Agreement.
    2. NashirNet shall not be liable for any failure or delay in providing the Services resulting from causes beyond its will or control, or from any emergency, technical, or operational circumstances for which no specific remedy is expressly stated in this Agreement or the Service Level Agreement.
    3. Under no circumstances shall NashirNet be liable to the Second Party or any Third Party for any direct, indirect, consequential, incidental, special, or punitive damages, including, without limitation, loss of profits, revenue, data, reputation, or business interruption, arising from or relating to the use of the Products or Services or any content, websites, or materials accessed or downloaded through the Services.
    4. No information, recommendation, or guidance provided by NashirNet, whether orally or in writing, constitutes a guarantee of any result or a commitment to a level of performance beyond what is expressly stated in this Agreement or the Service Level Agreement.
  2. Customer Responsibility:
    1. The Second Party bears full responsibility for paying all amounts due for Products or Services ordered through its Account or through any sub-accounts associated with it.
    2. The Second Party bears full responsibility for selecting secure passwords, protecting login credentials, and managing access permissions for Accounts and Services.
    3. The Second Party is responsible for selecting the specifications of the Products and Services and the related options. NashirNet shall not be liable if these specifications are not suitable for the Second Party's needs or for any errors in selection.
    4. The Second Party bears full responsibility for managing and updating the operating systems and applications installed on the servers unless expressly agreed otherwise as part of a paid Service or a separate agreement.
    5. The Second Party bears full responsibility for securing the servers and the data stored on them, including installing and updating security software and taking appropriate security measures, unless expressly stated otherwise in a written agreement.

Force Majeure:

Neither party shall be liable for any failure or delay in performing any of its obligations under this Agreement, except for obligations relating to the payment of amounts due when payable, if such failure or delay results directly or indirectly from circumstances or events beyond that party's reasonable control.

Force majeure events include, without limitation, fires, floods, natural disasters, epidemics, labor disputes, accidents, acts of war or terrorism, civil unrest, interruption or failure of transportation, communications, or energy services, shortages of supplies, or the failure of any Third Party to fulfill its obligations relating to the production, supply, or delivery of any equipment or materials required to perform the obligations under this Agreement.

The party affected by a force majeure event must notify the other party of the event within a reasonable period whenever possible. Performance of the affected obligations shall be suspended for the duration of the force majeure event and shall resume immediately after the cause of the event ends.

Indemnification:

  1. The Second Party agrees to indemnify, defend, and protect NashirNet, its affiliated companies, employees, and Third-Party service providers, as well as their officers, directors, employees, and agents, collectively referred to as the "Indemnified Parties," against any and all claims, losses, damages, liabilities, lawsuits, proceedings, or expenses, including reasonable legal fees, arising from or relating to any of the following:
    1. The Second Party's use of the Products or Services.
    2. Any violation by the Second Party of this Agreement or any supplementary policy or agreement, including violations that cause network disruption or damage to the infrastructure.
    3. Any breach of any representation, warranty, or undertaking made by the Second Party under this Agreement.
    4. Any act or omission by the Second Party or by any User or party acting with its permission or through its Account.
  2. NashirNet reserves the full right to manage, defend, and settle any claim subject to this section. The Second Party must provide all reasonably requested information and assistance, without this constituting any admission of liability.
  3. The provisions of this section remain effective after the expiration or termination of this Agreement or any Service.
  4. NashirNet shall indemnify and defend the Second Party against any claim, lawsuit, or legal proceeding brought by a Third Party based on an allegation that a Service wholly owned by NashirNet and provided under this Agreement infringes a valid patent, copyright, or trademark, subject to the conditions stated in this section.
  5. This indemnification does not include any Products or Services provided by Third Parties. Any indemnification relating to Third-Party Products or Services is subject to the terms and conditions of the relevant Third Party.
  6. This indemnification is subject to the following conditions:
    1. The Second Party must notify NashirNet in writing immediately after becoming aware of the claim or threat of a claim.
    2. NashirNet must be given full control over the defense or settlement.
    3. The Second Party must provide all reasonably requested information and assistance.
  7. NashirNet may, at its sole discretion, take any of the following actions to resolve an intellectual property infringement claim:
    1. Obtain the right to continue using the Service.
    2. Replace or modify the Service so that it no longer infringes the relevant right while maintaining similar functionality.
    3. If neither of the previous solutions is reasonably available, NashirNet may terminate the affected Service. In this case, compensation is limited to a refund of the fees paid for the unused portion of the affected Service only.

Warranties:

  1. Company Warranties:
    1. All Products and Services under this Agreement are provided "as is" and "as available," to the maximum extent permitted by law, except as expressly stated in these Terms and Conditions or in a separate written agreement.
    2. NashirNet makes no express or implied representation or warranty that the Services will be uninterrupted, error-free, or fully secure. NashirNet does not guarantee the results that may be obtained from using the Services or the accuracy, reliability, or completeness of any content or information provided through them.
    3. NashirNet is not responsible for any content or data created, transmitted, stored, or processed by the Second Party or its Users through the Services.
    4. No advice or information, whether oral or written, provided by NashirNet or any of its representatives or employees, including Technical Support representatives, constitutes any warranty or additional obligation beyond what is expressly stated in this Agreement.
    5. NashirNet does not guarantee that its Services will be compatible with any Third-Party services, software, or systems, even if those Third Parties claim or guarantee that their Products are compatible with NashirNet's Services.
    6. The provisions of this section remain effective after the termination of this Agreement or the discontinuation of the use of any Product or Service.
  2. Customer Warranties:
    1. The Second Party represents and warrants that it has all rights, permissions, and licenses required to use any applications, software, or systems installed or operated on the servers or Services provided to it and bears full responsibility for them.
    2. The Second Party represents and warrants that any content hosted, published, or processed through the Services is owned by it or that it is licensed to use the content by its lawful owner and that the content does not infringe any intellectual property rights or other rights of any Third Party.
    3. The Second Party must indemnify, protect, and defend NashirNet, its affiliated companies, and its subcontractors against any claims, lawsuits, damages, or losses arising from the use of its applications, content, or data, in accordance with the Indemnification section of this Agreement.

Maintenance:

  1. NashirNet performs scheduled periodic maintenance on its infrastructure, network, and data center facilities to ensure Service continuity and improve performance and security.
  2. In the event of an emergency or urgent technical requirements, NashirNet may perform emergency maintenance without prior notice whenever necessary.
  3. During scheduled or emergency maintenance periods, the Second Party may be unable to access the Services, or the ability of equipment to send or receive data may be affected, either fully or partially.
  4. Any temporary interruption or restriction of the Service resulting from scheduled or emergency maintenance does not constitute a breach of this Agreement and does not result in any liability on NashirNet, in accordance with applicable laws and the provisions of the Service Level Agreement.
  5. The Second Party must cooperate with NashirNet when necessary and provide any reasonable assistance required during scheduled or emergency maintenance periods when the maintenance directly affects the Services provided to it.

Technical Support:

  1. Technical Support Channels and Procedures:
    1. Technical Support requests are accepted exclusively through the ticketing system in the Client Area.
    2. The Customer must open a Technical Support ticket in the appropriate department to submit any request relating to the available support services.
    3. Technical Support is not accepted or provided through email, social media platforms, or any other platform.
    4. The Customer acknowledges and agrees that NashirNet, its agents, and its employees are not responsible for any damage that may arise from the provision of Technical Support services. These services are provided in accordance with this Agreement and without affecting the Limitation of Liability and Warranties provisions contained in it.
  2. Technical Support for Cloud and Dedicated Servers:
    1. Basic Technical Support:
      Basic Technical Support includes the following cases:
      1. Complete inability to access the server.
      2. Connectivity interruption issues within NashirNet's data center.
      3. Recovery of server access credentials.
      4. Restarting the server.
      5. Reformatting the server.
      6. Resetting the password of the server's primary User.
      7. Support for performance issues relating to infrastructure outside the server.
      8. Reinstalling the operating system.
      9. Restoring backups if the Customer subscribes to a Backup Service.
      10. Basic DNS support, including adding, modifying, and deleting records, if the domain points to NashirNet's DNS servers.
      11. Inspecting, diagnosing, and repairing hardware faults for Dedicated Servers only.
    2. Basic Technical Support Conditions:
      1. Basic Technical Support is provided without accessing the server.
      2. Basic Technical Support does not include any applications or systems installed on the server by the Customer.
      3. Basic Technical Support does not include any cases listed under Advanced Technical Support.
    3. Advanced Technical Support:
      Advanced Technical Support is an optional paid Service and includes everything listed under Basic Technical Support, in addition to the following cases:
      1. Updating and upgrading the operating system.
      2. Updating and upgrading core services, including Apache, Nginx, MySQL, IIS, Microsoft SQL, and others.
      3. Managing Users and permissions within the operating system.
      4. Managing the operating system firewall, including firewalld, ufw, iptables, and Windows Firewall.
      5. Analyzing and diagnosing system slowness issues.
      6. Configuring the server's email service components to support email delivery, including DKIM, SPF, and DMARC.
      7. Resolving email sending and receiving issues within the server.
      8. Resolving internet connectivity issues within the server.
      9. Providing assistance and consultation relating to control panels such as DirectAdmin, cPanel, and Plesk.
      10. Providing assistance with installing SSL Certificates.
      11. Providing assistance and consultation in resolving faults affecting core services that may cause the server to stop working.
    4. Advanced Technical Support Conditions:
      1. Advanced Technical Support is provided only for the server subscribed to this Service.
      2. The Customer must grant NashirNet full access permissions within the server when subscribing to Advanced Technical Support.
      3. NashirNet may install tools required to monitor and record operations on the server for operational and security purposes.
      4. Server logs are reviewed only when necessary and only by NashirNet's cybersecurity team.
      5. By subscribing to Advanced Technical Support, the Customer grants NashirNet express and continuing consent to perform technical work within the server subscribed to this Service whenever support is required, without the need to obtain separate approval each time access to the server is required.
    5. Technical Support for Colocation Services:
      Technical Support for Colocation Services includes the following cases:
      1. Complete inability to access the server.
      2. Connectivity interruption issues within NashirNet's data center.
      3. Restarting the server.
      4. Technical Support for Colocation Services does not include any work relating to the maintenance, repair, or replacement of hardware or any physical components owned by the Customer.
    6. Technical Support for Cloud Backup Services:
      Technical Support for Cloud Backup Services includes the following cases:
      1. Complete inability to access the backup platform.
      2. Resolving issues relating to the infrastructure of the Backup Service.
      3. The Customer is fully responsible for managing backup operations, including configuration, scheduling, and restoration.
      4. NashirNet makes no warranty regarding the success, integrity, or error-free operation of backup or restoration processes. NashirNet's obligation in this regard is limited to providing the infrastructure and technical tools only, without any guarantee regarding the restoration result or completeness of the data.
    7. Technical Support for Domain Registration Services:
      Technical Support for Domain Registration Services includes the following cases:
      1. Basic DNS support, including adding, modifying, and deleting records, if the domain points to NashirNet's DNS servers.
      2. Submitting Technical Support requests to the domain registrar on behalf of the Customer when necessary.
      3. This Service is subject to the Domain Registration Agreement.
    8. Technical Support for SSL Certificates:
      Technical Support for SSL Certificate Services includes the following cases:
      1. Resending certificate files, including CSR and CRT files, and related files.
      2. Providing general instructions on how to install the certificate.
      3. Assistance with installing SSL Certificates is provided only on a server subscribed to the Advanced Technical Support Service.
    9. Ineligibility:
      Technical Support is not provided to the Customer in the following cases:
      1. Violation of this Agreement or any supplementary agreement or policy.
      2. If the need for Technical Support results from any modification or attempted modification of the Services by the Customer or any Third Party outside NashirNet's control.
      3. If the Customer fails or refuses to follow the technical recommendations issued by NashirNet.
    10. Third-Party Product Support:
      NashirNet does not provide Technical Support for any application, Product, or Service provided by a Third Party.

Protection Against DoS and DDoS Attacks:

  1. NashirNet provides technical measures and mechanisms to help reduce the effects of Denial-of-Service (DoS) and Distributed Denial-of-Service (DDoS) attacks that may target the infrastructure or the Services provided, according to the available technical capabilities and the nature of each Service.
  2. The Customer acknowledges and understands that DoS and DDoS protection solutions do not provide an absolute or complete guarantee against all types of attacks or their effects. Depending on the nature and complexity of the attack, the tools or systems used may not be able to detect or prevent the attack or prevent a complete or partial interruption of the Service.
  3. NashirNet is not responsible for any interruption or deterioration of the Service resulting from DoS or DDoS attacks, subject to the provisions of the Service Level Agreement and the Limitation of Liability provisions of this Agreement.
  4. If the server or Services are exposed to any other cyberattacks that are not DoS or DDoS attacks, including, without limitation, SQL injection attacks, brute-force attacks, or the exploitation of security vulnerabilities, the Customer is fully responsible for protecting the server, systems, and applications against such attacks.
  5. The Customer is responsible for taking appropriate security measures within the server, including updating systems and applications and installing the required security solutions, either independently or by subscribing to the Advanced Technical Support Service, if available.

Bulk and Unsolicited Email:

  1. The use of any NashirNet Service to send spam or unsolicited email, manage or operate mailing lists that violate applicable laws and regulations, or conduct any email activity that may damage the reputation of IP addresses or cause them to be listed on email service providers' blocklists is prohibited.
  2. If any email activity classified as spam or otherwise prohibited is detected, NashirNet may take immediate action, including suspending or blocking the affected server or Service, in whole or in part and without prior notice, to protect the infrastructure and the reputation of the network.
  3. If the violation resulted from an unintentional error or a technical issue, and the Customer has taken the necessary steps to stop and resolve the cause, the Customer may submit a request to review the case. The decision to remove the block or restore the Service is subject solely to NashirNet's discretion and does not create any obligation on NashirNet.
  4. If the violation is repeated or any later email activity classified as spam is detected, NashirNet may extend the blocking period or take more serious action, at its reasonable discretion.
  5. If the violation is repeated for a third time, NashirNet reserves the right to reject any later request to reactivate the server or Service or to terminate the Service permanently, without affecting any other rights available to NashirNet under this Agreement and without giving the Customer any right to claim compensation.

Prohibited Use:

NashirNet reserves the right to immediately suspend, disable, or permanently terminate the Service, in whole or in part and without prior notice, if any of the following activities or practices are detected on any Service provided to the Customer:

  1. Violating any provision of this Agreement or any supplementary policy or agreement.
  2. Engaging in any unlawful, fraudulent, forged, misleading, or prohibited activity under applicable laws and regulations.
  3. Publishing or hosting any content that violates the teachings of Islam, public morals, or the laws and regulations of the Kingdom of Saudi Arabia, or that insults countries, religions, or religious symbols.
  4. Abusing, threatening, or inciting against any person, entity, or group.
  5. Infringing intellectual property rights, copyrights, or trademarks.
  6. Defaming or abusing NashirNet, its employees, or its partners by any means.
  7. Hosting or operating fraudulent websites or Services, including phishing, forgery, impersonation, or data theft websites.
  8. Publishing or distributing confidential, prohibited, or legally unauthorized materials.
  9. Hosting or distributing pornographic content or any related content.
  10. Operating or promoting gambling or lottery websites or activities, or similar activities.
  11. Operating or promoting high-risk or fraudulent investment schemes, including, without limitation, HYIP schemes, Ponzi schemes, MLM or pyramid schemes, and unlicensed Forex activities.
  12. Conducting cryptocurrency mining or digital currency mining activities, or any activities that result in excessive and unauthorized use of server resources.
  13. Hosting or distributing pirated software, unlawful content, jailbreak tools, key generators, or Warez.
  14. Conducting or promoting hacking activities or providing hacking tools, links, or instructions for bypassing systems or security protections.
  15. Distributing viruses, malware, spyware, or any software harmful to networks or systems.
  16. Sending spam or operating prohibited bulk-email systems, in accordance with the Bulk and Unsolicited Email section.
  17. Operating or using applications or tools that may cause DoS or DDoS attacks, IP address spoofing, or network abuse.
  18. Operating scanning tools, including Port Scanning or IP Scanning tools, conducting brute-force attacks, or using any penetration-testing tools without authorization.
  19. Operating public proxies, VPNs of any kind, TOR exit nodes, or any tools or technologies used to conceal identity.
  20. Operating open DNS servers, repeaters, or any configurations that may be used for network abuse.
  21. Operating or promoting the generation of fake or automated traffic, traffic-exchange systems, automated browsing tools, or bots.
  22. Operating peer-to-peer file-sharing networks, file-sharing platforms, IRC Bots, or any similar Services.
  23. Operating or hosting websites or platforms that act as intermediaries or distributors of unlawful or pirated content.
  24. Any use that NashirNet reasonably considers to violate applicable laws and regulations, create a security risk, or damage the infrastructure, network reputation, or IP addresses.

Any action taken by NashirNet under this section does not result in any liability or obligation to pay compensation, in accordance with the Limitation of Liability and Indemnification provisions of this Agreement.

Reporting Abuse:

  1. NashirNet shall handle abuse reports relating to the Services it provides, including, without limitation, spam activities or any unlawful, prohibited, or unauthorized use that violates this Agreement or applicable laws and regulations.
  2. Abuse reports must be submitted through the designated form on NashirNet's website or through any other approved channels announced by NashirNet for this purpose.
  3. When reporting spam, the person submitting the report must include a complete copy of the relevant email message, including all Email Headers and related email addresses, to allow NashirNet to review the report correctly.
  4. The person submitting the report must provide accurate and sufficient information, including a clear description of the alleged abuse and any available supporting evidence. NashirNet is not required to consider incomplete, inaccurate, or malicious reports.
  5. NashirNet reserves the right to review abuse reports and take any action it considers appropriate, including suspending, disabling, or terminating the affected Service, in whole or in part and without prior notice, at its reasonable discretion and in accordance with this Agreement and applicable laws and regulations.
  6. NashirNet is not required to disclose details of any action taken as a result of an abuse report and is not obligated to notify the person submitting the report of the investigation results or any internal action.
  7. NashirNet is not responsible for any damage or loss that may arise from submitting an abuse report or from any action taken based on it, in accordance with the Limitation of Liability provisions of this Agreement.

Provision of Services:

  1. General Provisions for the Provision of Services:
    1. The Second Party acknowledges that the specifications of any Service are selected based on its own judgment and according to its needs. NashirNet is not responsible if the selected specifications are unsuitable or if any selection errors are made.
    2. An Invoice for any Service is issued as soon as the order is submitted. The Second Party must pay the Invoice in full and in advance according to the selected billing cycle, unless expressly stated otherwise.
    3. The Second Party is notified that the Service is available and ready through the email address registered in its Account. The relevant access details are also sent through the same method.
    4. The Second Party must ensure that its registered email address is correct and active. NashirNet is not responsible if notifications or access details are not received due to an email issue or any reason beyond its control.
    5. The Second Party must change the access details immediately after receiving them and bears full responsibility for any later use of the Service.
  2. Cloud Servers:
    1. A Cloud Server is provided within an estimated period not exceeding one business day from the date the Invoice is paid.
    2. If the Cloud Server is not delivered after the estimated period has passed from the payment date, the Second Party may cancel the order and request a full refund of the amount paid.
  3. Dedicated Servers:
    1. A Dedicated Server is provided within an estimated period not exceeding three business days from the date the Invoice is paid.
    2. If the Dedicated Server is not delivered after the estimated period has passed from the payment date, the Second Party may cancel the order and request a full refund of the amount paid.
  4. Custom Dedicated Server Orders:
    1. The Second Party may request a Dedicated Server with hardware specifications that are not available in the standard order forms by contacting the Sales Department.
    2. After the required specifications are determined, a quotation is issued stating the minimum contract term and the expected delivery date.
    3. When the Second Party accepts the quotation, the order is created and an Invoice becomes due. The Second Party must pay the Invoice in full and in advance.
    4. The order process begins after the Invoice is paid. The delivery date is an estimate and may be affected by factors beyond NashirNet's control, including, without limitation, supplier delays, hardware damage during shipping, or the supply of hardware that does not match the required specifications. NashirNet is not responsible for delays resulting from such factors.
    5. The custom hardware provided remains the property of NashirNet and is provided to the Second Party for rental purposes only. It is not owned by the Second Party under any circumstances.
    6. The Second Party is not entitled to a refund of any amount paid if a Custom Dedicated Server order is canceled for any reason.
  5. Colocation:
    1. An Invoice for the Colocation Service is issued as soon as the order is submitted. The Second Party must pay it in advance according to the agreed billing cycle.
    2. The Second Party must schedule an appointment in advance to deliver the hardware to be colocated at the data center. Delivery takes place at the time agreed with NashirNet's team.
    3. The hardware is delivered to NashirNet's team at the data center for receipt and organization only. NashirNet does not inspect the hardware components or verify that they are ready or fit for operation. The Second Party must verify the condition and readiness of the hardware before delivery.
    4. NashirNet's role is limited to installing the hardware in its designated location within the data center. NashirNet has no obligation to maintain, repair, or modify the hardware components unless expressly agreed otherwise in a separate contract.
    5. Spare Parts and Additional Components:
      1. If the Second Party wishes to send or store spare parts, components, equipment, or accessories related to the colocated server at NashirNet's data center, it must obtain NashirNet's prior approval before sending them and provide general information about the type and quantity of those items.
      2. Accepted spare parts or components are stored in a designated location within the data center, subject to available space and as NashirNet considers appropriate. NashirNet has no obligation to provide unlimited storage space or space reserved exclusively for the Second Party.
      3. The Second Party acknowledges that the storage of spare parts is subject to NashirNet's discretion regarding acceptance, rejection, or the storage method, for operational, security, or regulatory reasons.
      4. NashirNet is not responsible for any damage to, or non-use of, any spare parts or additional components unless expressly agreed otherwise in writing in a separate contract.
    6. Installation of Spare Parts:
      1. Spare parts may be installed or replaced within the colocated server through one of the following methods, at the request of the Second Party:
        1. NashirNet installs only the part or parts requested for replacement, if the Second Party expressly requests this, without assuming any liability.
        2. The Second Party sends its technicians or authorized representatives to perform the installation at its own responsibility.
      2. If NashirNet installs the spare parts, its responsibility is limited to installing only the specific part requested for replacement. It does not include any other work within the server, including, without limitation, operating system or software settings or performance testing.
      3. The installation of spare parts does not create any obligation on NashirNet to provide periodic maintenance, automatic replacement, or technical intervention. NashirNet's responsibility does not extend to any faults or issues arising after the installation.
    7. Access to the Data Center:
      1. Access to the data center for maintenance, installation, or replacement purposes is subject to NashirNet's separate access authorization process and approved security procedures.
      2. The Second Party and its representatives or authorized technicians must fully comply with all security and safety policies and procedures applied within the data center, including signing data confidentiality agreements.
    8. End of Contract and Collection of Hardware:
      1. When the contract term ends, the Second Party must collect its hardware within no more than ten (10) business days from the expiration date.
      2. If the hardware is not collected within the specified period, NashirNet may handle or dispose of the hardware in any manner it considers appropriate after sending a final notice to the Second Party using its registered contact details, without any obligation to pay compensation. The Second Party may not later claim the hardware or any compensation.
      3. NashirNet is not responsible for any delay or damage caused by shipping or delivery companies when the hardware is delivered or collected.
  6. Cloud Backup:
    1. The Cloud Backup Service is provided as is, without any warranties regarding data integrity.
    2. The Second Party must fully manage the backup operations, including configuration, scheduling, and restoration.
    3. NashirNet makes no warranty regarding the success or integrity of backup or restoration operations.
    4. Technical Support for the Service is provided in accordance with the Technical Support section and is limited to the primary User only.
    5. NashirNet is not responsible for any direct or indirect damage, including loss of data or profits.
  7. Managed Firewall:
    1. The Service includes the provision of a firewall and network-level protection only and does not constitute a complete guarantee of protection against all security threats or attacks.
    2. The Service does not cover application security vulnerabilities, improperly configured systems, management of the server operating system firewall, or insider threats.
    3. The Service does not include threat detection or security incident response.
    4. The Service is available only for servers hosted in NashirNet's data center.
    5. All requests to change firewall configurations, including requests to add or modify rules, must be submitted through NashirNet's official Technical Support system.
    6. Firewall configuration change requests are processed and fulfilled from Sunday to Thursday, between 9:00 a.m. and 5:00 p.m., according to the time of the Kingdom of Saudi Arabia (UTC+3). Requests are not processed or fulfilled outside the specified business days and hours.
    7. The request fulfillment period begins after the Invoice has been paid. If payment is made outside the specified business days or hours, the period begins at the start of the next business day.
    8. Requests are fulfilled within a maximum of two business days.
    9. Firewall logs are retained for a limited period of seven (7) days unless expressly agreed otherwise.
  8. Other Services:
    Any other Services provided by NashirNet that are not expressly addressed in this document, or that may be added in the future, are subject to the general provisions stated in the Provision of Services section and to the billing, delivery, cancellation, Technical Support, and Limitation of Liability provisions of these Terms and Conditions, unless expressly stated otherwise when the Service is ordered or in a separate agreement.
  9. Add-ons:
    1. An Add-on cannot be ordered independently and must be linked to an active primary Service.
    2. An Add-on cannot be ordered if the primary Service is suspended or has outstanding amounts due.
    3. The Second Party must pay the full price of the Add-ons in advance.
    4. Payments for Add-ons are non-refundable under any circumstances, whether or not they have been used.
  10. Third-Party Products and Services:
    1. Third-Party Products and Services are provided according to the terms and conditions of their providers. NashirNet's responsibility is limited to its role as an authorized reseller or intermediary.
    2. The Service is provided when it becomes available from the Third Party. NashirNet is not responsible for any delay or failure caused by the Third Party.
    3. The Second Party may not cancel the order or request a refund of any amount paid for Third-Party Products or Services.

Server Security:

  1. NashirNet must apply appropriate security measures to protect its data center infrastructure and network, including power systems, connectivity, and physical access controls, according to the standards applied in data centers.
  2. The Second Party acknowledges that it bears full responsibility for securing the server internally, including the operating system, applications, software, and data stored on it. This includes, without limitation:
    • Selecting strong and secure passwords and maintaining their confidentiality.
    • Updating the operating system and applications regularly.
    • Using appropriate protection tools, such as firewalls and anti-malware software.
    • Securing access details and backing up data.
  3. The Second Party bears all risks and consequences resulting from weak security settings, lost passwords, or failure to apply security updates. NashirNet is not responsible for any resulting damage or loss.
  4. NashirNet is not responsible for any security breach, data loss, or damage resulting from settings, applications, or software installed or managed within the server by the Second Party or any Third Party.
  5. If the Second Party subscribes to Advanced Technical Support, NashirNet's security responsibility is limited to the scope of the services included in that Service and as expressly stated in the Technical Support section. This does not constitute a complete guarantee of server security or that the server is free from vulnerabilities.
  6. NashirNet makes no absolute or final guarantee that servers will not be exposed to security breaches or attacks. The Second Party acknowledges that security risks are an inherent part of using hosting and server Services.
  7. NashirNet may take immediate action, including suspending the server or disconnecting it from the internet without prior notice, in the following cases:
    • Operating or providing services used to bypass restrictions or conceal identity, such as Proxy, VPN, or TOR services.
    • Detecting any activity that creates a security threat to the network, data center, or other customers.
  8. NashirNet reserves the right, without obligation, to notify the Second Party when security updates are available for operating systems or major applications running on the server. If these updates are not applied within a reasonable period after notification, NashirNet may disconnect the server from the internet until the security issue is resolved.
  9. The Second Party must cooperate with NashirNet if any security incident occurs and provide the information required for investigation and resolution when requested.
  10. With regard to the protection of data and personal information, this section is subject to the Privacy Policy and all applicable laws and regulatory requirements in the Kingdom of Saudi Arabia.

Resale:

The Second Party may resell the Services, in whole or in part, to its customers (the Second Party's Customers), provided that the Second Party remains solely and primarily responsible to NashirNet for any use, activity, or content carried out through those Services.

Resale does not, under any circumstances, create any direct or indirect contractual relationship between NashirNet and any of the Second Party's Customers. NashirNet is not a party to any agreement, obligation, or dispute arising between the Second Party and its Customers.

If the Second Party resells the Services, it expressly and fully acknowledges and agrees, without any restriction or condition, to the following:

  1. Full Responsibility:
    The Second Party bears full responsibility for all acts, conduct, and activities of its Customers and for any violation of this Agreement, any supplementary policies or agreements, or any applicable laws and regulations in the Kingdom of Saudi Arabia.
  2. Customer Verification and Record Retention:
    The Second Party must verify the identity and contact information of its Customers and the purpose for which the Services will be used before activating any Service for them. The Second Party must retain records and data relating to the Services provided to its Customers and provide them to NashirNet or any competent governmental or regulatory authority upon request.
  3. Lawful Use and Regulatory Compliance:
    The Second Party must ensure that all of its Customers comply with all applicable laws and regulations in the Kingdom of Saudi Arabia, all provisions of this Agreement and its supplementary policies, including laws and regulations relating to information security, data protection, combating cybercrime, and the Cloud Computing Regulatory Framework.
  4. Sources of Payments:
    The Second Party must ensure that all amounts paid to NashirNet come from lawful, legitimate, and traceable sources. NashirNet reserves the right to request supporting documents or reject any payment if there is any suspicion regarding its source.
  5. Cooperation with NashirNet and Competent Authorities:
    The Second Party must fully cooperate with NashirNet and any competent regulatory or governmental authority and must take immediate action to suspend or disable any non-compliant Service upon request.
  6. Indemnification:
    The Second Party must indemnify and protect NashirNet against any claims, damages, losses, fines, or liabilities arising from:
    1. Resale.
    2. The use of the Services by the Second Party's Customers.
    3. Any breach of this Agreement or its supplementary policies.
  7. Right to Suspend or Terminate:
    NashirNet reserves the right to suspend, disable, or terminate any Service, in whole or in part and without prior notice, if NashirNet reasonably considers that the resale or the use of the Services by the Second Party's Customers constitutes a violation or creates a security, legal, or regulatory risk, or in response to a request issued by a competent authority.

Service Cancellation and Termination:

  1. NashirNet's Services are billed periodically and automatically to ensure Service continuity and prevent interruption. Accordingly, the Second Party must cancel any Service it no longer needs by using the cancellation request form available on the Service details page in the Client Area.
  2. The cancellation request form allows the Second Party to select one of the following options:
    1. Immediate Service Cancellation: 
      The Service is terminated immediately when the cancellation request is submitted. Termination is carried out automatically through the system or manually by the support team if automatic termination is not possible.
    2. Cancellation at the End of the Subscription Period: 
      The Service remains active until the end of the current billing cycle and is then terminated automatically. No new renewal Invoice is issued for the Service.
  3. The cancellation request becomes effective and binding from the date it is submitted through the system. Cancellation is carried out according to the option selected by the Second Party in the cancellation request form.
  4. Cancellation of the Service, whether immediate or at the end of the subscription period, does not result in a refund of any amount paid in advance, including renewal payments, without affecting any express provision to the contrary in this Agreement.
  5. The Second Party must transfer all of its data and content from the Service to be canceled before submitting the cancellation request and bears full responsibility for any data loss resulting from failure to do so.
  6. Termination of the Service results in the permanent and irreversible deletion of all data and content associated with it. NashirNet is not responsible for such deletion.

Internet Protocol (IP) Addresses:

  1. Certain Services, including, without limitation, Cloud Servers and Dedicated Servers, include at least one IP address as a primary address and may include additional IP addresses depending on the nature of the Service.
  2. All IP addresses provided with the Services are the exclusive property of NashirNet. Their provision does not grant the Customer any ownership, transfer, or disposal rights in any manner.
  3. The Second Party may request additional IP addresses for an additional fee, provided that a clear and acceptable justification for their use is submitted.
  4. NashirNet reserves the full right to reject any request for additional IP addresses without being required to provide reasons. This includes, without limitation, failure to comply with the contractual terms, insufficient justification for use, or misuse of existing IP addresses.
  5. All practices relating to the allocation and justification of IP addresses are subject to change to ensure compliance with the policies of the RIPE Network Coordination Centre (RIPE NCC) and any relevant regulatory authority.
  6. NashirNet reserves the right to change any IP address provided to the Customer when necessary for technical, regulatory, or security reasons, provided that the Second Party is notified through email or the electronic ticketing system.
  7. The Second Party bears full responsibility for all uses of the IP addresses provided to it and is prohibited from using them for any unlawful, fraudulent, or prohibited activity under this Agreement or applicable laws and regulations.
  8. IP addresses provided by NashirNet may not be used to send spam, conduct any unlawful bulk-email activity, or engage in any use that damages the reputation of an address or causes it to be placed on blocklists.
  9. The Second Party may not request a change of an IP address because of its misuse or because the address was placed on a blocklist during its period of use. The Second Party must take all necessary measures, at its own expense, to correct the use, restore the reputation of the address, and remove it from blocklists.
  10. NashirNet reserves the right to withdraw any or all IP addresses provided to the Second Party if it fails to comply with this Agreement or misuses them. NashirNet is not responsible for any resulting damage or consequences.
  11. The Second Party may cancel additional IP addresses through the Client Area. However, NashirNet reserves the right to continue issuing Invoices for those addresses if they developed a negative reputation or were placed on blocklists during their period of use in a way that prevents or restricts their reallocation, until the addresses are removed from those lists and their reputation is restored sufficiently to allow reallocation.
  12. If the Second Party refuses or fails to take the measures required to correct the reputation of the IP addresses provided to it, NashirNet may take any technical or regulatory measures it considers appropriate to remove the addresses from blocklists. NashirNet reserves the right to impose fees or penalties for those measures and to continue issuing Invoices until the issue has been resolved and the reputation restored.

Allocated Bandwidth:

Certain Services provided by NashirNet, including Cloud Servers, Dedicated Servers, and Colocation Services, include a specified amount of monthly data transfer (Allocated Bandwidth), according to the package selected by the Second Party when ordering the Service. This amount is subject to the following provisions:

  1. Allocated Bandwidth: The total amount of all data sent and received to and from the Service during the calendar month. It includes all types of data traffic without exception, including, without limitation, website browsing, file downloading and uploading, operating system updates, backups, and direct data transfers.
  2. A monthly data transfer allowance is allocated to each server according to the selected package stated in the order form and Service details.
  3. The selected package represents the maximum amount of data transfer allowed during one calendar month.
  4. Data transfer usage is calculated from the beginning to the end of the calendar month, regardless of the subscription start date or Service activation date.
  5. The allocated data transfer allowance is automatically reset at the beginning of each new calendar month. Unused amounts are not carried forward.
  6. The Second Party bears full responsibility for monitoring the server's data transfer usage and taking the necessary action before reaching the maximum allowed limit. NashirNet is not responsible for any suspension or interruption of the Service resulting from exceeding this limit.
  7. If the full allocated data transfer allowance is used before the end of the month, the server is automatically suspended until the beginning of the following month, unless the Second Party takes one of the following actions, before or after the suspension:
    1. Upgrade the monthly data transfer package to a higher package.
    2. Purchase a one-time additional data transfer package, according to the published terms of the Service.
  8. Upgrading the monthly data transfer package requires the fees for the remaining period of the current billing cycle to be recalculated. The new specifications are applied immediately after the outstanding Invoice is paid, and later billing cycles are calculated according to the new package.
  9. One-time additional data transfer packages are used only during the current month. Any unused amount is not carried forward to the following month and is not treated as future credit under any circumstances.
  10. The Second Party is not entitled to claim compensation for any unused data transfer allowance, whether included in the main package or in additional packages.
  11. Without affecting the above, NashirNet may, as a discretionary and non-binding measure, notify the Second Party when data transfer usage approaches the maximum allowed limit. This notification does not constitute a contractual obligation or a guarantee that the Service will continue. NashirNet is not responsible if the notification is not provided or is delayed.
  12. If the maximum data transfer allowance is repeatedly used in a way that affects network stability, Service quality, or infrastructure safety, NashirNet reserves the right to take any technical action it considers appropriate, including limiting the connection speed, suspending the Service, or terminating it, at its sole discretion.

Data Migration:

  1. Migration to NashirNet:
    1. NashirNet provides, as a free assistance measure, a data migration Service from the previous service provider to its servers to make it easier for the Second Party to move to its Services.
    2. The Second Party must provide NashirNet with all access details and information required to complete the migration process. The Second Party must also ensure that the data is ready and can be transferred from the previous provider before the migration process begins.
    3. The data migration process is performed as is, without any express or implied warranties regarding the completeness of the migration, the integrity of the data, or its compatibility with the new operating environment.
    4. The Second Party alone bears full responsibility for verifying the integrity of the data, the compatibility of the server with the applications to be operated, and the readiness of the Services after the migration process is completed.
    5. NashirNet is not responsible for any loss, damage, or issue affecting the data as a result of the migration process, whether caused by previous issues with the former provider or by the nature, applications, or settings of the data.
  2. Migration from NashirNet:
    1. NashirNet does not provide any data migration Services or processes from its servers to another service provider.
    2. The Second Party must begin the process of transferring its data before the Service subscription period ends.
    3. Data cannot be accessed or transferred if the Service is inactive, suspended, or terminated.
  3. General Provisions:
    1. NashirNet is not responsible, under any circumstances, for any missing or damaged data or files resulting from data migration to or from NashirNet.
    2. The Second Party bears full responsibility for maintaining backups of its data at all times, whether before, during, or after any data migration process.
    3. Data migration does not, under any circumstances, replace a Backup Service. NashirNet is not required to create or provide any backups of the data before, during, or after the migration process unless expressly agreed as part of a separate paid Service.

Billing and Payment:

This section governs the issuance of Invoices, payment methods, due dates, renewal provisions, late payment, refunds, and any other financial matters relating to the use of the Products and Services provided by NashirNet. The Second Party's compliance with these provisions is an essential condition for the continued provision of the Services.

Advance Payment:

The Second Party must keep its payment information updated and pay all Invoices issued by NashirNet by their specified due dates.

All Services are provided on an advance-payment basis for the period during which the Service is provided. In accordance with applicable laws and regulations, any payments received are first applied to the oldest outstanding and unpaid Invoice in the Second Party's Account.

If payment is made by bank transfer, the Second Party must send a payment notice or bank transfer receipt to NashirNet's Accounting Department through an electronic ticket in the Client Area and include the relevant Invoice number.

Automatic Renewal:

Unless expressly stated otherwise, the Second Party agrees that recurring Services are renewed automatically to prevent any interruption of the Service. Renewal Invoices are issued according to the applicable billing cycle using the payment method registered in its Account.

Automatic renewal continues until the Second Party requests cancellation of the Service in accordance with the procedures described in the Service Cancellation and Termination section.

Taxes:

Displayed prices do not include any applicable taxes, including sales tax, use tax, value-added tax, or any other governmental fees or taxes. If any statutory taxes apply, they are added to the Invoice as separate charges that the Second Party must pay.

All fees paid are non-refundable unless expressly stated otherwise in these Terms and Conditions.

Late Payment:

The Second Party must pay all Invoices within no more than three (3) days from the Invoice due date.

If payment is not made after this period has passed, NashirNet reserves the right to suspend or terminate the Service, in whole or in part and without any liability. A suspended Service is not reactivated until all outstanding amounts have been paid.

The Second Party acknowledges that the period during which the Service is suspended due to late payment forms part of the subscription period and does not result in any discount or extension.

The Second Party must contact NashirNet after paying any overdue Invoice to request reactivation of the Service, as reactivation does not occur automatically.

Domain Name Payments:

The Second Party must monitor and renew its domain names by their specified renewal dates. Domain renewal notices are provided as reminders only. NashirNet is not responsible for the failure to renew or loss of a domain name for any reason.

Domain name renewal Invoices are issued fifteen (15) days before the domain expiration date. Domain name fees are non-refundable under all circumstances.

Invoice Disputes:

The Second Party may dispute any Invoice or charge within no more than thirty (30) days from the Invoice issuance date. After this period has passed, the Invoice is considered final and cannot be disputed.

Refunds:

Unless expressly stated otherwise, all Products and Services are non-refundable, including, without limitation, Cloud Servers, Dedicated Servers, domain names, administrative fees, installation or setup fees, Add-ons, and Third-Party fees.

In exceptional cases and at NashirNet's sole discretion, a refund may be granted for a canceled Service, provided that the cancellation did not result from a violation of any term and after deducting all of the following costs, if applicable:

  • The value of the period of use from the Service start date until the date it was stopped.
  • All taxes for the full period.
  • Domain name fees.
  • Licenses associated with the Service.
  • Add-ons associated with the primary Service.
  • Installation or setup fees.
  • Third-Party fees for the full period.
  • Administrative and cancellation fees equal to ten percent (10%) of the value of the Service, with a minimum of one hundred United States dollars (USD 100) or its equivalent.

Amounts transferred to NashirNet's accounts by mistake may be refunded, provided that the refund request is submitted within no more than three (3) months from the transfer date and supporting evidence is provided.

Currency Differences and Bank Charges:

NashirNet is not responsible for exchange-rate differences or any commissions or charges imposed by banks or payment service providers.

Fraud:

Any fraudulent or unauthorized use of a payment method, including credit cards, electronic transfers, or any other payment method, constitutes a material violation of these Terms and Conditions.

NashirNet reserves the right to report any activity suspected of being fraudulent to the competent governmental authorities, law enforcement authorities, financial institutions, and payment card companies, without any liability.

Coupons and Promotional Offers:

From time to time, NashirNet may issue coupons and promotional offers as part of marketing campaigns that are limited in duration or scope, for new or existing Customers. The use of these coupons and offers is subject to the following conditions:

  1. The Customer may not sell, purchase, or trade discount codes or coupons in any manner. They may only be obtained free of charge through NashirNet's approved channels.
  2. The Customer may not exchange any discount code or coupon for cash or Account credit.
  3. The Customer must use discount codes and coupons only through NashirNet's official website.
  4. The Customer may not use more than one discount code or promotional offer for one order.
  5. Existing Customers may not use coupons or offers intended for new Customers.
  6. New Customers may not use coupons or offers intended for existing Customers.
  7. All coupons and offers intended for an initial subscription or purchase may be used only once. They do not affect renewal prices or later billing under any circumstances and may not be reused when renewing Services or placing another subscription.
  8. A discount code or coupon may not be used after its specified expiration date.
  9. NashirNet's decision regarding any dispute, interpretation, or misuse of discount codes or promotional offers is final and binding.
  10. NashirNet reserves the right to have the relevant department review any Account suspected of violating these policies and to add the appropriate charges or cancel granted discounts when applicable.
  11. Any misuse of coupons or promotional offers is not tolerated. NashirNet may suspend or terminate the Account at its sole discretion.

Price Changes:

  1. NashirNet reserves the right to amend or change the prices of any Product, Service, or related fee, in whole or in part and at any time, due to several factors including, without limitation, changes in operating costs, licenses, infrastructure, governmental fees, taxes, or any changes to the prices, terms, or policies of Third-Party Product or Service providers, including providers of licenses or technical services associated with the Service provided to the Second Party.
  2. NashirNet must notify the Second Party of any material price change at least thirty (30) days before the change becomes effective, through the website, Client Area, or any other approved means of communication.
  3. The Second Party's continued use of the Service after the effective date of the change constitutes acknowledgment and acceptance of the new prices. The Second Party is responsible for regularly reviewing Invoice details and amounts due through the Client Area or through notices issued by NashirNet.

Disclaimer:

  1. All Services and Products provided by NashirNet under this Agreement are provided as is and according to their availability, without any express or implied representation or warranty of any kind, to the maximum extent permitted by the applicable laws of the Kingdom of Saudi Arabia.
  2. NashirNet is not responsible for:
    • Any sudden or unexpected failure of operating systems, servers, or networks that is beyond its control.
    • Any technical or operational faults or Service interruptions, including emergency maintenance or failure of Third-Party services.
    • Any loss or damage to data or failure to store, transfer, or process data.
    • Any direct, indirect, consequential, incidental, or special losses, including loss of expected profits, revenue, reputation, or business opportunities, even if NashirNet has been informed that such losses may occur.
  3. NashirNet is not responsible for the content of any data, information, files, websites, or applications stored, operated, or published through the Services by the Customer, any of its Users or customers, or any party associated with it. Full statutory and legal responsibility for such content rests solely with the Customer.
  4. NashirNet is not responsible for any Third-Party links, content, Services, or websites accessed through its Services or included within the Customer's systems. The Customer or website owner bears full responsibility for the content and activity of its website and for its use of those links or Services.
  5. The Customer acknowledges and agrees that any use of the Services, including any information, content, or results obtained through them, is entirely at its own risk and that NashirNet does not guarantee that any specific results will be achieved through the use of the Services.
  6. No information, guidance, or technical, operational, administrative, or advisory assistance provided by NashirNet or its employees or representatives, through any method, constitutes a warranty or undertaking of any kind or creates any additional obligation on NashirNet beyond what is expressly stated in this Agreement or in a separate written agreement.
  7. NashirNet reserves the right to suspend, disable, or terminate any Service or Account, without any liability or obligation to pay compensation, if any provision of this Agreement or any related document or policy is violated, or if regulatory or security requirements or orders issued by competent authorities require such action.