Terms of use
Version 3.0 – Updated May 25th, 2018
By using the nextcore.co web site (“Service”) or the associated subdomains, or any services of Nextcore (“Nextcore”), you are agreeing to be bound by the following terms and conditions (“Terms of Service”).
IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY, ITS AFFILIATES AND ALL USERS WHO ACCESS OUR SERVICES THROUGH YOUR ACCOUNT TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” SHALL REFER TO SUCH ENTITY, ITS AFFILIATES AND USERS ASSOCIATED WITH IT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT ACCEPT THIS AGREEMENT AND MAY NOT USE THE SERVICES.
“Nextcore” is a service of Nextcore Group plc, registered at 10 John Street, London, United Kingdom WC1N 2EB, which is the legal entity representing the Nextcore group. Those Terms of Use are specific to the use of nextcore.co, sme.nextcore.co and get.nextcore.co and are not related to the use of any other service provided by Nextcore Group plc.
Nextcore reserves the right to update and change the Terms of Service at any time without notice. Any new features that augment or enhance the current Service, including the release of new tools and resources, shall be subject to the Terms of Service. Continued use of the Service after any such changes shall constitute your consent to such changes. You can review the most current version of the Terms of Service at any time at: http://nextcore.co/terms
Violation of any of the terms below will result in the termination of your Account. While Nextcore prohibits such conduct and Content on the Service, you understand and agree that Nextcore cannot be responsible for the Content posted on the Service. You agree to use the Service at your own risk.
A. Account terms
You must be 18 years or older to use this Service.
You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
You must provide your legal full name, a valid email address, and any other information requested in order to complete the signup process.
Your login may only be used by one person – a single login shared by multiple people is not permitted. You may create separate logins for as many people as your plan allows.
You are responsible for maintaining the security of your account and password. Nextcore cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
You are responsible for all Content posted and activity that occurs under your account (even when Content is posted by others who have accounts under your account).
You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
B. Use of application software products
Nextcore provides the use of various application software products that are the property of their respective owners.
By using an application software product on Nextcore, you agree to be bound by the terms of service and/or license of the relevant product owner and/or product. The terms of service and/or license of the owner(s) of the application software products provided on Nextcore can be read in Annexure A to these Terms of Use.
C. Api terms
Customers may access their Nextcore account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Nextcore, is bound by these Terms of Service plus the following specific terms:
You expressly understand and agree that Nextcore shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nextcore has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
Abuse or excessively frequent requests to Nextcore via the API may result in the temporary or permanent suspension of your account’s access to the API. Nextcore, in its sole discretion, will determine abuse or excessive usage of the API. Nextcore will make a reasonable attempt via email to warn the account owner prior to suspension.
Nextcore reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
D. Payment, refunds, upgrading and downgrading terms
All paid plans must enter a valid credit card.
An upgrade between plans for applications provided by Nextcore will bill you in accordance with the conditions of the newly selected plan. Change of plans are effective immediately and the billing of the current invoicing period is calculated with a pro-rata of the old plan and the new plan. For applications provided by third party providers, please refer to their respective terms and conditions.
The Service is billed on a monthly basis, in accordance with the conditions of the contracted plan and the value used on the Service and is non-refundable. There will be no upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
Nextcore’s billing period runs from the 25th of each calendar month until the 24th of the following calendar month. Invoices will be sent to customers within 5 days following the monthly closure (24th). All credit cards will be invoiced on the 2nd of each calendar month following the elapsed billing period.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
Late payments may bear interest at the rate of 1.5% per month (or the highest rate permitted by law, if less)
For any upgrade or downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
Downgrading your Service may cause the loss of content, features, or capacity of your Account albeit Nextcore will endeavor to apply best practices to prevent such an event. Nextcore does not accept any liability for such loss.
E. Cancellation and termination
You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not considered cancelation. You can cancel your account at any time by clicking on the Account link in the menu “My Apps” at the top of the screen. The Account screen provides a simple no questions asked cancelation process.
All of your Content will be immediately deleted from the Service upon cancelation. This information cannot be recovered once your account is canceled.
At termination of your account, Nextcore will charge your credit card with any outstanding amount left unpaid on your account. All clauses of this contractual agreement remain valid and active until all due amounts have been paid.
Nextcore, in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of the Service, or any other Nextcore service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. Nextcore reserves the right to refuse service to anyone for any reason at any time. Nextcore will make a reasonable attempt via email to warn the account owner prior to suspension.
F. Modifications to the service and prices
Nextcore reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with notice provided by email in a reasonable timeframe preceding the discontinuation.
Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Nextcore Site (nextcore.co) or the Service itself.
Nextcore shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
G. Copyright and content ownership
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded remain yours. However, if you set your pages to be viewed publicly or give right to third parties to access your Content, you agree to allow others to view your Content.
You shall defend Nextcore against any claim, demand, suit or proceeding made or brought against Nextcore by a third party alleging that Your Content, or Your use of the Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third party or violates applicable law, and shall indemnify Nextcore for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Nextcore in connection with any such claim, demand, suit or proceeding; provided, that Nextcore
promptly gives You written notice of the claim, demand, suit or proceeding;
gives You sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that You may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Nextcore of all liability) and
provides to You all reasonable assistance, at Your expense.
The look and feel of the Service is copyright ©2018 Nextcore Group plc. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Nextcore and Nextcore Group plc.
H. General conditions
Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
Technical support is only provided to paying account holders and is only available via email. Support is only available in English.
You understand that Nextcore uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Service.
You must not modify, adapt or hack the Service or modify another website so as to falsely imply that it is associated with the Service, Nextcore, or any other Nextcore service.
You may use Nextcore subdomains (e.g., yourname.nextcore.co) solely as permitted and intended by the Nextcore Pages tool to host your company pages, personal pages, or open source project pages, and for no other purpose. You may not use Nextcore subdomains in violation of Nextcore’s trademark or other rights or in violation of applicable law. Nextcore reserves the right at all times to reclaim any Nextcore subdomain without liability to you.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by Nextcore.
We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Nextcore customer, employee, member, or officer will result in immediate account termination.
You understand that the technical processing and transmission of the Service, including your Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
You must not transmit any worms or viruses or any code of a destructive nature.
If your bandwidth usage significantly exceeds the average bandwidth usage (as determined solely by Nextcore) of other Nextcore customers, we reserve the right to immediately disable your account or throttle your file hosting until you can reduce your bandwidth consumption. Nextcore will make a reasonable attempt via email to warn the account owner prior to engaging such actions.
Nextcore does not warrant that
the service will meet your specific requirements
the service will be uninterrupted or error-free
the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your expectations, and
any errors in the Service will be corrected.
You expressly understand and agree that Nextcore, its subsidiaries, affiliates, officers, agents, representatives, members, principals, employees and partners shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Nextcore has been advised of the possibility of such damages), resulting from:
the use or the inability to use the service
the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service
unauthorized access to or alteration of your transmissions or data
statements or conduct of any third party on the service;
or any other matter relating to the service.
The failure of Nextcore to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Nextcore and govern your use of the Service, superseding any prior agreements between you and Nextcore (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under Australian law.
Fair usage policy applies to Nextcore’s service, including any free trial; any improper usage of the free trials may lead to the suspension of your account at Nextcore’s sole discretion.
The information and tools provided on Nextcore should not be your only source of information when you are making business decisions. We rely on other people and companies to provide us with information, which may not be accurate or reliable. In particular, business performance feedback provided on Nextcore is generated through Customer feedback. Other benchmarks, like financial information, are based on information that other companies give to us. This information should only be treated as a guide.
We do not warrant the accuracy of any feedback or benchmarks provided on Nextcore. Use Nextcore as a starting point and then seek independent professional advice.
Questions about the Terms of Service should be sent to support@abovedigital.agency
I. Special offers, promo codes and starter packs
Nextcore may issue from time to time promotional offers and promotional codes. The issue of such codes and offers is at the sole discretion of Nextcore.
The offers and codes are valid from a limited period of time only and for specific locations, as specified in the offer’s description and/or advertisement.
Nextcore reserves the right to modify the content of promotional offers at any time without notice.
All promotional offers come with applicable conditions. If not directly described in the offer, the conditions are as follows:
The offer is unique for each company.
Offers are not cumulative and cannot be applied simultaneously on a given company.
Offers related to services (Such as “data upload” for instance) are limited to services requiring less than 2 hours of involvement of a Nextcore’s support staff member. Services exceeding this duration are considered out of the scope of any promotional offer.
Nextcore starter packs are for new customers only, only one starter pack can be applied per company.
Starter packs are only applicable to the following applications:
Allocpsa
Bugzilla
Collabtive
Dolibarr
Drupal
Egroupware
Feng Office
Front Accounting
Group Office
Interleave
Jenkins
Joomla
eEasySurvey
MantisBT
Moodle
Opendocman
OpenERP
Openx
OrangeHRM
Pentaho BI
Phreedom
Plandora
Prestashop
ProcessMaker
Projectpier
SimpleInvoices
SO Planning
SugarCRM
TikiWiki
TimeTrex
TWiki
vTiger
WordPress
Any promotional offers are conditioned by the current Terms of Use of the Nextcore service. Nextcore reserves the right not to implement a commercial offer, should it be assessed as its sole discretion that implementing the offer will go against any point of the present Terms of Use.
When contacted by a customer wanting to benefit from a promotional offer, Nextcore will inform whether the service required fits within the promotional offer, in regards with points 4 and 5 above and may at its sole discretion elect not to provide the service proposed in the promotional offer.
J. Intellectual property
All Intellectual Property Rights in the Services, the Website and any documentation relating to the Services remain the property of Nextcore.
All Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of Services rendered on Nextcore when due. You grant Nextcore a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to the provision of services to You.
You must maintain copies of all Data inputted into the Service. Nextcore adheres to its best practice policies and procedures to prevent data loss, including at minimum a system data back-up regime, but does not make any guarantees that there will be no loss of Data. Nextcore expressly excludes liability for any loss of Data no matter how caused.
Nextcore can attempt to restore Your Data if there is any loss or damage but does not guarantee successful restoration of all Your data or in its most recent state. This process will take at minimum one business day to complete. If the loss or damage of Your Data has been caused by You, there will be a cost associated with this service.
If You decide to terminate your Service with Nextcore you will be able to take Your Data with You. You can either export Your Data directly from the application(s) or ask our support team to assist you. Assistance provided by our support team may incur a cost depending on the amount of Data and hours required to complete the export of Your Data.
When closing your account on Nextcore, You data and all copies of it will be deleted. This is an irreversible action.
K. Partner commission agreement
After execution of this agreement, Nextcore will provide Partner with a unique partner code (a short alphanumeric string) that will be attached to their partner account
When advocating Nextcore’s service, Partner will provide this unique code to their client when they sign up for the Nextcore service. This link will automatically be attached to the partners account when sent via the Nextcore partner platform. For every customer registration received by Nextcore which includes the partner code of Partner, Nextcore will pay a commission fee to Partner on all revenue which Nextcore receives from that customer for the duration of that customer’s relationship with Nextcore, or for a period of three (3) years from the date of execution of this agreement, whichever is the lesser. Partner commissions will be due according to the following commission schedules
Nextcore will provide a monthly statement to Partner itemizing the clients who registered using Partner’s partner code, and the revenues received by Nextcore from them during the previous month. Nextcore will pay the commission fee to Partner on or before the fifteenth (15th) day of the following month. For the avoidance of doubt, Nextcore will not pay the commission fee on unpaid obligations of customers. Revenue received by Nextcore is the only basis for the calculation of commission fee.
Schedule 1: Rate of commission for standard applications (expressed as a percentage of revenue received by Nextcore from customers who initially registered on the Nextcore website using the partner code of Partner): Fifty percent (50%) in Year One; Fifteen percent (15%) thereafter
Schedule 2:Rate of commission for premium applications (expressed as a percentage of next revenue {gross revenue less payment to the application provider} received by Nextcore from customers who initially registered on the Nextcore website using the partner code of Partner. Fifty percent (50%) in Year One; Fifteen percent (15%) thereafter.
For the avoidance of doubt, Nextcore will not pay commission fee on revenue from customers who did not enter the partner code at the time of their registration with Nextcore. Partner will only receive commission based on Nextcore’s revenue from customers who correctly entered Partner’s partner code during their on-line registration or if they follow the link provided by their Partner, sent via the Nextcore partner portal.
L. GDPR
Nextcore is also committed to maintaining compliance with the General Data Protection Regulation (‘GDPR’) and is mindful of your compliance efforts. To learn more about this regulation, you can go on Nextcore GDPR statement page.