- 1.1Services offered on this site by the representatives of the XServer trademark, hereinafter referred to as Contractor, hereinafter referred to as Services.
- 1.2Individuals and legal entities to whom the above Services are provided, hereinafter referred to as Customers.
- 1.3This agreement (hereinafter the Agreement) is in the nature of a public offer, that is the equivalent of a General agreement and has legal force in accordance with the current legislation of Ukraine.
- 1.4Services provision is carried out using the technical means of the Contractor, namely the my.xserver.cloud website, hereinafter referred to as the Personal Cabinet.
- 1.5By registering in the Personal Cabinet, a Customer confirms its full familiarization and acceptance of the terms of this Agreement.
Terms used in this agreement
- 2.1Services is a provision by Contractor a Server for use by the Customer in accordance with the tariffs applicable at the time of placing the Order.
- 2.2Server is a physical or virtual server provided for use by the Customer from the moment of the Order until the end of its Validity Period.
- 2.3Validity Period is the end date for the Services provision related to the Server.
- 2.4Order is a payment made by the Customer to the Contractor as a prepayment for Services for a period from 1 to 12 months.
- 2.5Payment is a payment for the Validity Period extension of the Server for a period from 1 day to 12 months.
- 2.6Suspension is the disconnection of the Server from the Internet due to the lack of Payment during the Grace Period.
- 2.7Grace Period is a period of 2 days after the end of the Server Validity Period, during which Servers are not Suspended.
- 2.8Payment Deferral is an extension of Grace Period at the initiative of the Customer for up to 7 days after the end of the Server Validity Period.
- 2.9Cancellation is a power outage of the Server due to the lack of Payment within 5 days after the end of the Validity Period, as well as the transfer of the Server to the Archive. Cancellation can also be carried out at the initiative of the Customer at any time starting from the 31st day from the date of Order of the Server. In case of such Cancellation, if Validity Period of the Server has not expired, funds for the unused period are credited to the Balance of the Customer in the Personal Cabinet.
- 2.10Archive is a status of a Server, which means that data is stored on the Server for 7 days after its Cancellation. At the same time, Server cannot be Managed by the Customer from the Personal Cabinet. When Customer contacts the Finance Department within 7 days after Cancellation, Server may be Restored from the Archive.
- 2.11Restoration is a provision to the Customer an ability to Pay for the Server, which was previously Canceled, within 3 days after the Customer contacted the Finance Department.
- 2.12Management is a Customer's action carried out to the Server using the Personal Cabinet, for example, access to the virtual console, managing the status of the network connection port, power management, Payment, ordering Additional Services. The list of possible actions may vary depending on the technical capabilities of the Server and the Personal Cabinet.
- 2.13Additional Services are optional services related to the Server, which the Contractor can provide to a Customer, for example, additional IP addresses, increasing the speed of the Internet connection port, electronic licenses for third-party developers' software, and more. The cost of additional services may be changed by the Contractor at any time without prior notice to the Customer. The actual cost of additional services is available in the Personal Cabinet. The Customer may order and refuse any additional services at any time during the paid period. Payment of additional services is carried out from the moment of ordering until the expiration of the Server. Unused funds are not returned on additional services cancellation.
- 2.14Blocking of the Servers is a disable of the network port and restrictions in Management of the Server for the Customer. Blocking is carried out by the Contractor either on the basis of Complaints or as a result of the detection by the Contractor of prohibited actions described in clause 6 of this Agreement by using the Server.
- 2.15Blocking of the Customer's account is a complete restriction of an access to the Customer in the Personal Account. It is carried out in case of significant or repeated violations of the terms of this Agreement.
- 2.16Complaint is an email message received by the Complaints Department of the Contractor sent by third parties or automated systems, which contains the IP address of the Server, as well as a description of the violation with relevant evidence. Depending on the nature of the violations, based on the Complaint(s) Server and / or the Customer's account may be Blocked.
- 2.17Complaints Department is the structural unit of the Contractor, which handles complaints received by email@example.com and firstname.lastname@example.org mailboxes.
- 2.18Finance Department is a structural unit of the Contractor, which deals with the financial relations between the Customer and the Contractor.
- 2.19Support Department is a structural unit of the Contractor that deals with technical issues regarding the Servers of the Customer.
- 2.20Refund of Funds is a refund of the full amount paid for an Order of the Server. Customer has the right to request a refund within the first 7 days of using the first ordered Server. Funds are not returned for the Order of subsequent Servers or after 7 days after payment of the Order. To initiate a Refund, a Customer must contact the Finance Department.
- 2.21Balance is the amount of funds contributed by a Customer as a prepayment, which can be spent for the Payment of the Servers and Additional Services. In addition, unspent funds are credited to the balance when the Server is Canceled at the initiative of a Customer, if Validity Period of the Server isn't expired yet.
- 2.22Administration is a configuration and maintenance of software on the Server, which is carried out directly by the Customer, or by other persons, based on separate agreements of the latter with the Customer. The Contractor provides automated tools in the Personal Cabinet for initial setup, in particular, installation of the operating system and optional additional software.
Subject of the agreement
- 3.1Based on this Agreement, a Customer instructs, and the Contractor undertakes to provide Services to a Customer.
- 3.2A Customer undertakes to accept and Pay for the Services provided by the Contractor in the manner and on the terms and conditions established by this Agreement at the rates applicable at the time of payment specified in the Personal Cabinet.
Procedure for the provision and payment of services
- 4.1During the registration process a Customer is obliged to indicate his actual data by filling in all required fields. If false information is provided, Customer account may be suspended.
- 4.2Services Paid by the Customer in the Personal Cabinet using payment systems through which the Contractor accepts payments from Customers.
- 4.3All services are provided on the basis of 100% prepayment. No free trial period is provided.
- 4.4A Server disconnects from the Internet (Suspends) after the Grace Period (2 days after the end of an expiration date) in the absence of Payment for the next period.
- 4.5A Server can be Paid within 5 days after Suspension. After this period, the power of the Server is turned off (Cancellation occurs) and the Server is transferred to the Archive.
- 4.6A Server is stored in the Archive for 7 days. During this period, the Server can be Restored for the subsequent Payment by contacting Customer with the Finance Department. After the above period, all the data stored on the Server is completely deleted.
- 4.7In the case of Server Cancellation, Payment for which was overdue, the cost of unpaid days is deducted from the Customer's Balance (except for the Grace Period for 2 days).
- 4.8The Return of Funds will be refused if the termination of Service is caused by a violation by the Customer of the rules set forth in this Agreement.
- 4.9Contractor is not responsible for the content of information posted by Customer on the Internet through the Services provided by Contractor.
- 4.10Contractor is not responsible for the quality of public communication channels that are not managed by Contractor and through which access to Servers is made.
Administration and technical support
- 5.1Unless otherwise specified in a separate agreement with the Customer, all servers supplied by the Contractor are provided without the Administration services.
- 5.2Contractor must provide the Customer the ability to access the server via SSH with root privileges (for Linux OS) or through RDP (remote desktop) with Administrator privileges (for Windows OS). After the first successful connection of the Customer, all obligations of the Contractor for Administration of the server software are considered to be fully implemented. The Customer carries out all further Administration of the Server independently. In case the Customer did not select any OS for installation on the Server while Ordering the Server, these obligations are not applied on the Contractor.
- 5.3The area of responsibility of the Contractor is limited to resolving issues with the operation of physical Servers components, the hardware and software platform, on the basis of which virtual Servers are provided, and solving network problems (not related to a software configuration on the Server) within the Datacenter.
- 5.4Customer is entitled to contact the Support Service for assistance in Administration. Contractor has the right to request data for access to the Server from the Customer to provide such an assistance. At the same time, Contractor is not responsible for possible risks, such as data loss or software inoperability on the Server of the Customer.
Blocking of the servers
Contractor has the right to Block the Server or the Customer's account if the latter violates the following rules:
- 6.1.1 Debt on Payment of services for more than 2 days.
- 6.1.2 Spam in any form.
- 6.1.3 Entering the IP address of the Server in third-party black lists.
- 6.1.4 Participation in outgoing DoS / DDoS attacks.
- 6.1.5 Hosting publicly accessible proxy, VPN, and other services.
- 6.1.6 Spread of viruses or malicious code.
- 6.1.7 Phishing.
- 6.1.8 Deliberate actions of the Customer, which interfere with the normal functioning of other Servers and other network equipment, the work of other Customers.
- 6.1.9 Allocation of resources with constant high traffic consumption.
- 6.1.10 Intensive incoming DDoS attack on the Customer's Server, which interferes with the normal operation of the network.
- 6.1.11 Use of the Services provided by the Contractor for any illegal purpose.
- 6.1.12 Incorrect communication with employees of the Contractor, including rudeness, using profanity, threats.
- 6.1.13 Complaints on the content from copyright organizations.
- 6.2In the case of Blocking due to violation of the above rules, payment for an unused period is not refunded. Request for a Refund will be refused.
Duration and conditions of the agreement termination
- 7.1The Agreement shall enter into force upon registration of a Customer in the Personal Cabinet.
- 7.2Termination of the Agreement shall mean the termination by the Customer of the use of the Services provided by the Contractor or the failure to comply with the terms of this Agreement by any of the parties.
- 8.1Personal information is used only for placing an order.
- 8.2Information received by Contractor from a Customer automatically: IP address, date and time of visit, browser type, information about the operating system, information about visited pages.
- 8.3Information transmitted by the Customer voluntarily: Name, surname, phone number, E-mail address, country and address of residence.
- 8.4The website of the Contractor uses the "Cookies" technology to ensure the authorization of a Customer in the Personal Cabinet, as well as for the statistics and the number of visitors to the website and Personal Cabinet.
Personal data of a Customer is used by the Contractor for the following purposes:
- 8.5.1 providing access to the Servers that Ordered by the Customer;
- 8.5.2 providing technical support to the Customer;
- 8.5.3 informing about promotions and special offers;
- 8.5.4 making a Paymentfor the Services by the Customer.
- 8.6Contractor does not transfer or sell personal data of a Customer to third parties or private individuals.
- 8.7Contractor reserves the right to disclose the personal data of Customer for the needs of law enforcement agencies having the appropriate authority to do so under the laws of Ukraine.
- 8.8A Customer, registering in the Personal Cabinet, confirms his consent to the processing of personal data in any way convenient for the Contractor.
- 8.9Residents of European countries are subject to all additional rights in accordance with the General Data Protection Regulation. If the Customer wants to access, update, correct or delete his personal data, he may make this request to the Contractor at any time.
- 9.1If you are not 100% satisfied with your purchase, you may contact us within 120 days from the purchase date and we will provide a full refund of your purchase.
- 9.2For the first ordered Server the Customer has right to demand a full refund during the first 7 days of use without explaining the reason of refusing the Service.
- 9.3In all other cases, a Refund is possible after 31 days from the date of the Order of the Server. In this case, funds for the unused period are credited to the Balance of the Customer in the Personal Cabinet.
- 9.4The Contractor has the right to refuse the Customer in a Refund, in accordance with the clause 6.2 of these rules.
- 9.5Funds paid for Additional Services (such as third-party software licenses, channel extension, additional IP addresses) are non-refundable.