NovixLink Terms of Service
Last Updated: August 8, 2026
1. Agreement and Scope
1.1 These Terms of Service form a legally binding agreement between you and the owner and operator of NovixLink.com and its related services. By registering an account, submitting an order, making a payment, renewing, or using any Service, you confirm that you have read, understood, and agreed to these Terms, the Acceptable Use Policy and Fair Use Policy, and any applicable product-page or written terms.
1.2 Special terms expressly stated on a product page, order page, Client Portal, or written quotation take priority over the general provisions of these Terms only for the Service to which those special terms apply.
1.3 The Acceptable Use Policy and Fair Use Policy primarily govern permitted use, resource usage, network restrictions, complaints, and enforcement. These Terms primarily govern accounts, product delivery, payment, refunds, support, data responsibility, and limitations of liability.
1.4 Nothing in these Terms excludes or limits any right that cannot legally be excluded or limited. If any provision is invalid or unenforceable, the remaining provisions will continue in effect.
2. Account and Service Responsibility
2.1 You must provide true, accurate, complete, and current account, contact, identity, and payment information. False, misleading, impersonated, or unverifiable information may result in order rejection, account restriction, or termination.
2.2 Each natural person may register, control, or actually use only one NovixLink account. Multiple accounts created or controlled through different email addresses, names, payment methods, devices, networks, contact details, business names, related persons, or other methods may be treated as related accounts belonging to the same natural person.
2.3 All related accounts belonging to the same natural person are combined for refund limits, promotional eligibility, IP replacements, risk controls, and other account policies. Creating another account does not restore eligibility that has already been used or restricted.
2.4 We may require verification of identity, contact information, payment methods, business relationships, or intended use. Failure to complete verification within a reasonable period may result in delayed delivery, order cancellation, or account restriction.
2.5 You must protect account passwords, server passwords, keys, and other credentials and are responsible for all activity under your account and Services, including activity by employees, partners, customers, end users, and authorized or unauthorized users.
2.6 Attacks, spam, scanning, complaints, or other external effects caused by weak passwords, software vulnerabilities, compromised panels, malware, leaked credentials, public proxies, or unauthorized third-party use remain your responsibility.
2.7 Unless expressly stated otherwise on a product page or in a written agreement, NovixLink VPS products are unmanaged Services. Our technical support is primarily limited to host hardware, node networking, virtualization platforms, and Client Portal functions.
2.8 You are responsible for the operating system, software, websites, code, panels, proxy applications, databases, security configuration, account permissions, and maintenance inside your VPS.
2.9 We may reasonably change nodes, hardware, IP addresses, routes, virtualization platforms, or technical implementation for maintenance, upgrades, incident response, capacity adjustments, network security, upstream changes, or compliance requirements.
3. Ticket Support and Communication Standards
3.1 NovixLink is headquartered in Toronto, Canada. Regular support hours are from 9:00 a.m. to 6:00 p.m. Toronto local time each day. Toronto observes EDT during daylight saving time and EST otherwise.
3.2 Formal tickets submitted during regular support hours will generally be handled within 24 hours.
3.3 Support staff are available on a rotating basis outside regular support hours. No specific response time is guaranteed for tickets submitted during these periods. Tickets will be handled based on their submission order, urgency, and the availability of the on-duty support team, and we will generally make reasonable efforts to respond within 24 hours.
3.4 The processing time stated above does not guarantee that the issue will be fully resolved within that period. Complex technical incidents, upstream investigations, hardware replacements, payment disputes, security incidents, abuse complaints, and other matters requiring further investigation may take longer to resolve.
3.5 These response and processing timeframes apply only to formal tickets submitted through the NovixLink Client Portal. Website live chat, social media, instant-messaging platforms, groups, and other third-party channels do not have guaranteed response times. Customers requiring consistent follow-up should submit a support ticket.
3.6 Website live chat and third-party support channels generally handle only pre-sales and sales-related inquiries. To prevent impersonation, account takeover, and information disclosure, technical issues, financial matters, billing issues, refund requests, server operations, IP replacements, and account changes must be submitted through a ticket after logging in to the Client Portal.
3.7 You must communicate with NovixLink, our support staff, technical staff, upstream providers, and partners in a reasonable, truthful, and respectful manner.
3.8 Insults, threats, harassment, discriminatory language, malicious message flooding, repeated meaningless tickets, false information, malicious complaints, threats against the platform or staff, and the use of chargeback, public-attack, or false-publicity threats as pressure are prohibited.
3.9 Serious or repeated communication misconduct may result in ticket closure, restricted support, suspension, termination, or refusal to continue providing Service. Services restricted or terminated for such misconduct are not eligible for refund.
4. IP Products and Delivery Standards
4.1 NovixLink IP products may include Datacenter IP, ISP Residential IP, ISP Broadband IP, and other network products expressly described on the applicable product page.
4.2 The delivery standard for ISP Residential IP is that the AS Type or as.type field shown by IPinfo.io at the time of first delivery is ISP or isp.
4.3 The delivery standard for ISP Broadband IP is that the AS Type or as.type field shown by IPinfo.io at the time of first delivery is ISP or isp, and the organization associated with the ASN actually operates fixed broadband, home internet, or a similar residential broadband service for residential customers in the relevant country or market.
4.4 A test IP shown on a product page is provided only to demonstrate the applicable product’s ASN, operating organization, IP classification, and general network characteristics. Unless the product page expressly states otherwise, we do not guarantee that the assigned IP will be in the same subnet, prefix, /24, adjacent address range, or have an identical third-party database record as the test IP.
4.5 For a product with a published test IP, unless the product page expressly states otherwise, we guarantee that the IP assigned at first delivery will belong to the same ASN and be operated by the same operating organization as the test IP and will satisfy the applicable IP delivery standard. Within the same ASN, operating organization, and delivery standard, the test IP and assigned IP are treated as equivalent in product classification and resource grade. A different subnet does not establish a material difference between them.
4.6 Different IPs within the same ASN and operating organization may show different IP labels, risk scores, city-level locations, Proxy, VPN, Hosting, IDC, or other results because third-party databases use different sources, update times, historical records, samples, and classification logic. Such differences show only that the third-party records differ. They do not establish a material difference in carrier ownership, product classification, or product quality between the test IP and assigned IP and are not a basis for claiming delivery failure, requesting an IP replacement or refund, or seeking compensation.
4.7 For ISP Residential IP and ISP Broadband IP, country, region, city, organization name, and other database geolocation information are determined using the IPinfo.io result at the time of first delivery. We will make reasonable efforts to maintain database information so that it reflects the actual service location, but we do not control third-party database update times.
4.8 Results from other IP lookup websites, databases, and risk platforms are for reference only and are not a basis for claiming product mismatch, requesting a refund, or seeking compensation.
4.9 Under no circumstances does NovixLink guarantee any fraud value, risk value, trust score, abuse score, platform account approval rate, unlocking result, or similar third-party result.
4.10 For Datacenter IP, we do not guarantee IP classification, database geolocation, historical records, risk scores, blacklist status, or third-party platform classification.
4.11 Whether a product meets its delivery standard is determined using the first-delivery lookup result, system records, and other verifiable information. NovixLink will make a reasonable determination using those records, which will be used for product classification and internal dispute review.
4.12 A database update, reclassification, or data change occurring after delivery is not an initial delivery failure and does not automatically create a refund, replacement, or compensation right.
4.13 Access quality may be affected by your location, local carrier, cross-border routing, regional network policies, congestion, real-time traffic engineering, and third-party network conditions. Different IPs within the same ASN and operating organization may show temporary latency, routing, or speed-test differences. Unless expressly promised on a product page, we do not guarantee long-term access quality in a particular region, carrier, website, or platform.
4.14 If a product page expressly promises access from a particular region at first delivery, but the IP is already blocked by that region’s firewall when first delivered, you must submit a ticket within 24 hours of purchase and before substantial use. We may first repair the issue, replace the IP, or provide an equivalent resource. If no reasonable solution is available, Section 6 may apply.
4.15 If an IP was accessible at first delivery but is later newly blocked, restricted, or blacklisted after delivery or use, the event is not an initial delivery failure and is not eligible for refund.
5. Payment, Renewal, Upgrades, Downgrades, Cancellation, and Service Push
5.1 You must pay all fees by the dates stated on your order and invoice. Taxes, payment-channel charges, exchange-rate differences, banking charges, and special-service fees may be listed separately at checkout or on the invoice.
5.2 Except for Managed Setup, IP replacements, and other one-time Services, all recurring Services have automatic renewal enabled by default. For Alipay, cryptocurrency, and other payment methods that do not support automatic charges, the system will generally generate a renewal invoice three days before expiration but will not collect payment automatically. For supported credit or debit cards, the system may attempt to charge the original payment method after the renewal invoice is generated. You may disable automatic renewal in the Client Portal or submit end-of-term cancellation before expiration. A failed automatic charge, failure to cancel on time, or failure to pay a renewal invoice does not remove your responsibility to renew on time.
5.3 A Service may be suspended after expiration. If payment is not completed after suspension, the server, IP address, data, and other resources may be deleted, released, or reassigned and may not be recoverable. Any grace period or deletion schedule is subject to the Client Portal, product page, or system notice.
5.4 You may request end-of-term cancellation or immediate cancellation through the Client Portal. Immediate cancellation immediately deletes the VPS, data, IP address, and related resources, and the control panel provides notice that the action does not result in a refund. Once confirmed, the action is treated as voluntary abandonment of the remaining Service and data.
5.5 You are responsible for creating backups and completing migration before cancellation, expiration, suspension, or termination.
5.6 If there is a chargeback, payment dispute, fraudulent payment, unauthorized payment method, false identity, refund abuse, account-credit abuse, or invoice circumvention risk, we may suspend the Service, freeze the account, require verification, recover unpaid amounts, terminate the account, or refuse a refund.
5.7 Where permitted by the Client Portal or applicable product rules, you may upgrade or request a downgrade only within the same product group. A change between different product groups, network routes, or product lines is not a direct upgrade or downgrade unless expressly permitted by the applicable product page or NovixLink. Upgrade and downgrade orders, including related billing adjustments, are not eligible for a refund, price-difference refund, or account-credit compensation.
5.8 An upgrade will generally take effect immediately after payment. It does not change the existing IP address or reset traffic already used during the current billing period. The upgraded resource and traffic limits apply after the configuration change is completed.
5.9 If an upgrade includes additional disk capacity, the additional capacity will generally be provided as a separate data disk. If you require the additional capacity to be applied to the system disk, or require a larger system disk to install Windows or for another reason, you must submit a ticket and expressly consent to an operating-system reinstallation. This process may require existing data disks to be deleted and the system disk to be rebuilt, and existing data cannot be preserved. You must complete any necessary backup in advance.
5.10 A downgrade should be requested by ticket approximately three days before the current Service expiration date so that the target configuration and price can apply to the next billing period. A request submitted materially earlier may be deferred or may need to be resubmitted at the appropriate time. Because the configuration change may take effect when processed, confirming a downgrade means that you agree to give up the remaining use of the higher configuration during the current period. No remaining term, configuration difference, or unused value will be refunded, credited, or converted to account credit.
5.11 If a renewal invoice has already been generated but has not been paid when a downgrade is requested, NovixLink may cancel the original renewal invoice and require you to generate and pay a new renewal invoice through the Client Portal based on the adjusted configuration and billing cycle. You remain responsible for completing payment before expiration. Failure to generate or pay the replacement invoice may result in suspension or deletion under Section 5.3. If the billing cycle is changed, the invoice will be recalculated using the pricing and discount applicable to that cycle.
5.12 If a renewal invoice has already been paid, the Service has already been renewed, or the expiration date has passed, a downgrade will not apply retroactively and no paid renewal fee or configuration difference will be refunded. You must wait until approximately three days before the next expiration date to submit another request, and NovixLink may reject a request that cannot reasonably be processed for the next billing period.
5.13 If a downgrade includes a reduction in disk capacity, NovixLink may allow a small capacity difference to remain without additional charge. A substantial reduction of the system disk generally cannot be completed without data loss and may require your express consent to an operating-system reinstallation before the downgrade can be completed. Reinstallation deletes existing data, and you must complete any necessary backup in advance.
5.14 The Push feature in the Client Portal is provided only to transfer an eligible VPS Service from one NovixLink account to another NovixLink account. A Push transfers only control of the Service, its remaining term, IP address, configuration, and existing data. It does not transfer the sender’s account, account credit, payment method, invoice information, rights associated with the original payment method, refund eligibility, promotional eligibility, or other rights and obligations between the parties. A Push does not restart the purchase date, first-delivery date, billing cycle, refund period, or other Service period.
5.15 NovixLink does not encourage the purchase, sale, resale, exchange, or other trading of Services and is not a seller, buyer, broker, escrow provider, guarantor, or dispute-resolution provider for any third-party transaction. The parties are solely responsible for the transaction price, payment method, identity verification, Service condition, fraud, breach, refunds, and all other transaction risks. NovixLink is not responsible for the authenticity, legality, completion, or outcome of a third-party transaction or any resulting loss and will not intervene in payment or transaction disputes between the parties.
5.16 Before initiating a Push, the sender must create any necessary backups, remove data that the sender does not wish to transfer, revoke access that should not remain active, and confirm that the sender has authority to transfer the Service. The recipient must independently review the Service status, remaining term, IP address, configuration, data, history, and applicable restrictions and must immediately change server passwords, keys, and other access credentials after receiving the Service. Any data disclosure, continuing access, or other dispute caused by a failure to remove data, revoke credentials, or comply with a private agreement remains the responsibility of the parties.
5.17 A Push does not remove prior usage records, complaint history, abuse records, blacklist status, IP history, payment risk, or other restrictions associated with the Service. The sender remains responsible for use and obligations arising before completion of the Push, and the recipient is responsible for use and obligations arising after completion. By confirming receipt, the recipient accepts the Service in its current condition and agrees to these Terms, the Acceptable Use Policy, and the Fair Use Policy as they apply to the Service.
5.18 A Push may only be initiated for a Service that is Active, is not subject to suspension, cancellation, a refund request, a payment dispute, or a security review, and has at least seven days remaining before expiration. If fewer than seven days remain, the sender must first renew the Service and wait until payment is posted and the expiration date has been updated. Eligibility remains subject to the Client Portal, applicable product rules, and NovixLink’s risk review.
5.19 The sender must wait at least three full days after first enabling the Push feature or after changing the account email address, password, or other login credentials before initiating a Push. We may require additional verification, extend the waiting period, or temporarily restrict the Push feature where there is unusual login activity, possible account takeover, fraud, or another security risk.
5.20 The recipient must confirm a Push request within 24 hours after it is issued. If confirmation is not completed within that period, the request will automatically expire and the Service will not be transferred. A CAD $1 fee is charged upon submission of each Push request and deducted from the sender’s NovixLink account credit. If the available credit is insufficient, the sender must first add sufficient account credit. The fee covers the processing of the applicable Push request and is not conditional upon successful completion of the transfer. Except where applicable law requires otherwise, the fee remains non-refundable whether the recipient fails to confirm, the request expires, the parties cancel the transaction, the account or Service is found ineligible, a risk or security review or system restriction prevents completion, or the Push is unsuccessful for any other reason. A new Push request and a new fee are required to attempt the transfer again.
5.21 Account-credit top-ups and account credit already posted to an account are non-refundable and may not be withdrawn, transferred, sold, exchanged for cash, or returned to an original payment method.
5.22 A Push does not remove the payment status or payment risk attached to the original order. If the former holder, original payer, or a related party initiates a refund, payment reversal, chargeback, payment dispute, or fraud claim concerning the Service or original order after the Push and successfully recovers funds or otherwise causes NovixLink to lose previously received funds, the affected Service will be treated as unpaid.
5.23 In the circumstances described in Section 5.22, NovixLink may recover the amount from the former holder or original payer and may also reasonably reduce the remaining term of the recipient’s Service based on the refunded, reversed, or charged-back amount, suspend the affected Service, or require the recipient to pay the outstanding amount as a condition of continued use. If the recipient does not pay within the required period, we may terminate and delete the affected Service. The recipient may not require NovixLink to absorb the loss, restore the reduced Service term, or waive the outstanding amount on the basis that the recipient already paid the former holder, was unaware of the payment dispute, the Push had already been completed, or the parties had a separate private agreement.
5.24 NovixLink may reject, delay, or cancel a Push, or suspend an already transferred Service for investigation, where account takeover, fraudulent payment, chargebacks, payment disputes, complaints, abuse, non-payment, security review, or another risk is involved.
6. Refund Policy
6.1 Unless expressly marked non-refundable, the general 24-hour refund policy applies only to newly purchased Datacenter IP and ISP Residential IP Services. Refund requests must be submitted through a formal ticket after logging in to the Client Portal.
6.2 A general 24-hour refund request must satisfy all of the following conditions:
6.2.1 The refund ticket is submitted within 24 hours from the order payment time and total traffic usage does not exceed 10GB;
6.2.2 The Service has not been involved in unlawful activity, abuse, policy violations, a server-security incident, a complaint, a copyright complaint, an upstream notice, a law-enforcement notice, or a regulatory notice;
6.2.3 The assigned IP has not been newly blocked or newly added to a public or commercial blacklist after delivery;
6.2.4 You have not requested an IP replacement, IP-range replacement, resource redelivery, or material order adjustment; and
6.2.5 You have not selected immediate cancellation, initiated a chargeback or payment dispute, or otherwise bypassed the ticket-based refund process, and you stop using the Service after submitting the refund request.
6.3 Each natural person and all related accounts belonging to that person may receive only one lifetime refund to the original payment method. This eligibility is not restored by changing accounts, email addresses, payment methods, or purchasing another Service.
6.4 Each natural person and all related accounts may receive no more than one refund as NovixLink account credit during each calendar month. Calendar months are calculated using Toronto local time, and unused eligibility does not carry forward.
6.5 After the single original-payment-method refund has been used, a later eligible order may only be refunded as account credit if the monthly account-credit refund eligibility has not already been used.
6.6 Account credit may be used to provision new VPS Services, pay NovixLink invoices, or pay fees expressly supported by the Client Portal, including Push fees. Account-credit top-ups and account credit already posted to an account cannot be withdrawn, refunded, transferred, sold, exchanged for cash, or later returned to an original payment method.
6.7 These limits are intended to prevent IP resources from being repeatedly provisioned, tested, abused, contaminated, or blacklisted before a refund is requested.
6.8 Except for an initial delivery issue described in Section 6.11 and confirmed by NovixLink, every refund approved under the general 24-hour refund policy, whether returned to the original payment method or issued as account credit, is subject to a one-time CAD $1 refund processing fee. Depending on the original payment method and payment gateway, we also reserve the right to deduct a payment-gateway fee equal to 5% of the original payment amount. Total deductions will not exceed the otherwise refundable amount.
6.9 The following Services and fees are not generally refundable:
6.9.1 ISP Broadband IP, except for the limited account-credit exception expressly stated in Sections 6.14 through 6.18;
6.9.2 Renewal invoices, upgrade or downgrade orders and related billing adjustments, account-credit top-ups, Push fees, delivered software licences, dedicated servers, custom services, special resource reservations, and Services expressly marked non-refundable;
6.9.3 Managed Setup, one-time setup, migration, installation, environment deployment, system configuration, and other manual services after processing has started;
6.9.4 Services restricted, suspended, or terminated because of violations, abuse, complaints, blacklisting, fraudulent payment, chargebacks, account risk, or communication misconduct; and
6.9.5 Services deleted after immediate cancellation.
6.10 Managed Setup, one-time setup, migration, installation, environment deployment, system configuration, and other manual services may be refunded if our staff have not started processing the request. Once a staff member begins procurement, configuration, installation, migration, deployment, system access, or related work, the fee becomes non-refundable whether or not the work has been fully completed.
6.11 For an otherwise eligible Service, if one of the following initial delivery issues is reported within 24 hours of purchase, we may first repair the issue, replace the IP, or provide an equivalent resource. If the issue cannot reasonably be resolved through those measures and a refund is approved, the refundable amount actually paid for the affected Service will be returned in full without the refund processing fee or payment-gateway fee described in Section 6.8:
6.11.1 A NovixLink-side host, node network, virtualization platform, or Client Portal failure makes the Service completely unusable;
6.11.2 The AS Type or as.type field shown by IPinfo.io for ISP Residential IP is not ISP or isp at first delivery;
6.11.3 A database country or region expressly promised on the product page does not match the IPinfo.io result at first delivery; or
6.11.4 A product page expressly promises access from a particular region, but the IP is already blocked by that region’s firewall at first delivery and the issue cannot reasonably be resolved.
6.12 An assigned IP being in a different subnet from the test IP, city-level geolocation, postal codes, results from other lookup platforms, fraud values, risk scores, third-party platform classification, local speed tests, cross-border network performance, and business results are not product-delivery failures. Where the assigned IP satisfies the ASN, operating-organization, and product-delivery standards in Section 4, a third-party result that differs from the test IP is not a basis for refund, replacement, or compensation. An otherwise eligible order may still use the general 24-hour refund policy if all conditions and frequency limits are satisfied, and the standard refund fees described in Section 6.8 will apply.
6.13 Payments made using cryptocurrency, on-chain digital assets, account credit, or another method that cannot be reversed to the original source may only be refunded as NovixLink account credit.
6.14 ISP Broadband IP is a limited and specialized resource. Payment immediately uses or reserves the applicable IP, bandwidth, and upstream resources. ISP Broadband IP VPS is non-refundable after provisioning or delivery and is not eligible for a refund to the original payment method.
6.15 NovixLink may refund the remaining unused Service value as account credit only if all of the following conditions are satisfied:
6.15.1 The machine is completely unavailable for at least 24 consecutive hours because of a NovixLink-side issue;
6.15.2 The issue was not caused by the customer’s system configuration, installed software, firewall rules, actions, server compromise, or a third-party service; and
6.15.3 NovixLink cannot repair the issue within a reasonable period and cannot provide an equivalent replacement Service.
6.16 In the circumstances described in Section 6.15, NovixLink may first repair, migrate, replace the IP, or provide an equivalent resource. Account credit will be considered only when no reasonable solution is available.
6.17 The remaining unused value of an ISP Broadband IP Service is calculated as follows:
6.17.1 A monthly Service is calculated using the applicable monthly price divided by 30 days and multiplied by the remaining Service days;
6.17.2 A quarterly Service is calculated using the applicable quarterly price divided by 90 days and multiplied by the remaining Service days; and
6.17.3 An annual Service is calculated using the applicable annual price divided by 360 days and multiplied by the remaining Service days.
6.18 Remaining value under Section 6.17 excludes the used Service period, manual-service fees that have started or been completed, one-time setup fees, IP replacement fees, software-licence fees, and other costs already incurred. Every approved account-credit refund is subject to a one-time CAD $1 refund processing fee. Depending on the original payment method and payment gateway, we also reserve the right to deduct a payment-gateway fee equal to 5% of the original payment amount. The monthly account-credit refund limit in Section 6.4 and the account-credit restrictions in Section 6.6 also apply.
6.19 A refund request does not become a refund commitment until reviewed and approved by NovixLink. Posting time after issuance is controlled by the applicable bank, card issuer, or payment provider.
6.20 This Refund Policy does not limit any refund, cancellation, or other statutory right that cannot be excluded under applicable law.
7. Data, Suspension, and Termination
7.1 You are responsible for maintaining and verifying independent backups of important data. NovixLink may use basic storage protection, snapshots, or disaster-recovery measures, but these measures do not constitute a recovery guarantee unless you purchase a Service expressly described as a backup service.
7.2 If you violate these Terms or the Acceptable Use Policy and Fair Use Policy, we may require remediation, rate limit, restrict connections, block ports, suspend networking, suspend or terminate the Service, release IP addresses, remove violating content, delete servers, or freeze the account.
7.3 For serious, urgent, or continuing violations involving attacks, fraud, phishing, malware, spam, botnets, major complaints, or network-security risk, we may take immediate action without prior notice.
7.4 If a Service, IP address, or related traffic is subject to, or is reasonably suspected of being subject to, a DDoS, DoS, reflection or amplification attack, scan flood, or other network attack, we may, without prior notice, switch routes, modify routing, apply traffic scrubbing, rate limits, connection restrictions, port blocks, network suspension, or a null route to protect the NovixLink network, other customers, and upstream resources.
7.5 Any route switch or null route applied because of an attack will remain in place for at least one hour and may be extended for any reasonable period, without a fixed maximum, based on the attack duration, scale, recurrence, network stability, upstream policy, and requirements for safe restoration. NovixLink will determine whether to restore the original route, remove the null route, or continue another mitigation measure based on monitoring results and upstream requirements.
7.6 A replacement route may have different latency, routing paths, bandwidth capacity, packet-loss characteristics, or regional accessibility. An interruption, performance change, or access difference caused by route switching, scrubbing, rate limiting, network suspension, or null routing during an attack is not a product-delivery failure and does not automatically create a refund, compensation, or Service-extension right unless the applicable product page or a written SLA expressly states otherwise.
7.7 Services restricted, suspended, or terminated because of user conduct, account risk, server-security issues, complaints, abuse, fraud, chargebacks, non-payment, or communication misconduct are not eligible for refund.
7.8 If NovixLink terminates an otherwise refundable recurring Service solely because of our own business or resource adjustment, and not because of user conduct, risk, regulatory requirements, or upstream requirements, we may refund the unused prepaid value. Non-refundable products, manual-service fees, and one-time fees are excluded.
7.9 We have no obligation to retain user data, IP addresses, or other resources after a Service is deleted, cancelled, or terminated.
7.10 We may retain records reasonably necessary for complaints, payment disputes, security incidents, and violations and may provide relevant information to upstream providers, data centres, payment institutions, dispute-resolution bodies, law-enforcement authorities, or regulators to the extent permitted by law.
8. Disclaimers, Limitation of Liability, and Indemnification
8.1 The Service is provided on an “as is” and “as available” basis. Except for commitments expressly stated on a product page or in a written agreement, we do not guarantee continuous availability, error-free operation, or fitness for a particular purpose.
8.2 Internet Services may be affected by maintenance, network attacks, hardware failures, power failures, routing changes, data-centre events, upstream providers, and other third parties. We will make reasonable efforts to maintain and restore the Service but do not guarantee that every issue can be prevented or immediately resolved.
8.3 You are responsible for determining whether the Service is suitable for your business, technical, security, and compliance requirements. NovixLink does not guarantee business revenue, third-party platform results, account status, data value, or commercial outcomes.
8.4 To the maximum extent permitted by law, NovixLink is not liable for loss of profit, revenue, business, customers, data, goodwill, replacement-service costs, or other indirect, incidental, special, or consequential loss.
8.5 To the maximum extent permitted by law, NovixLink’s total aggregate liability for any event, order, or claim will not exceed the amount actually paid for the affected Service during the three months immediately before the event. For a Service used for less than three months, liability will not exceed the amount actually paid for that Service.
8.6 You are responsible for your account, servers, content, software, business, data processing, end users, and traffic originating from the Service.
8.7 To the extent permitted by law, you agree to compensate and hold harmless NovixLink, its affiliates, employees, contractors, and upstream providers from reasonable losses, claims, investigations, penalties, and legal costs arising from your use of the Service, your content, your violation of these Terms or applicable law, your infringement of third-party rights, or the conduct of your end users.
8.8 If your conduct causes a data centre, carrier, IP provider, payment institution, complainant, or other third party to charge NovixLink a fee, penalty, or remediation cost, we may recover reasonably supported related costs from you.
8.9 We are not liable for delay, interruption, or inability to perform caused by events outside NovixLink’s reasonable control, including natural disasters, war, civil events, government action, power or internet failures, data-centre incidents, network attacks, legal changes, and upstream-provider actions.
9. Governing Law and Amendments
9.1 These Terms are governed by the laws of Canada and the Province of Ontario. Unless applicable law requires another jurisdiction, disputes will be submitted to a court with jurisdiction in Toronto, Ontario, Canada.
9.2 You may not transfer an account, Service, or rights under this Agreement except through the official Push feature provided in the NovixLink Client Portal or with NovixLink’s prior written consent. Any Service transferred through Push remains subject to Sections 5.14 through 5.24 and all other applicable provisions.
9.3 We may update these Terms for business, compliance, risk-control, technical, security, or service-related reasons and may provide notice through the Last Updated date, a website announcement, Client Portal notice, or email.
9.4 Continued purchase, renewal, or use of the Service after an update becomes effective constitutes acceptance of the updated Terms.
9.5 For a matter not expressly addressed by these Terms, NovixLink may make a reasonable interpretation based on the purpose of the Terms, the product description, delivery records, and reasonable industry practice, without limiting any right that cannot be excluded under applicable law.
9.6 These Terms, the Acceptable Use Policy and Fair Use Policy, applicable product pages, and any special written agreement between the parties constitute the complete agreement concerning the Service.
9.7 A failure by NovixLink to immediately enforce a right under these Terms does not waive that right.