Please read the following terms of service carefully before signing up
TERMS AND DEFINITIONS
BuyCheapVPS.Com (the Service Provider) means ServerClub LLC.
Customer means a natural or legal person that orders and uses
the Services of BuyCheapVPS.Com. A natural person who orders and uses the Services
for any purposes not relating to his/her business, trade, craft, or profession
(orders and uses them for consumption purposes) may also be referred to as the
Customer Consumer in these General Terms and Conditions.
Parties means BuyCheapVPS.Com and the Customer. Each of them
individually shall be referred to as a/the Party.
Services means the internet services provided by
BuyCheapVPS.Com to Customers, such as Virtual Private Servers and other similar
and/or related services and solutions. Detailed information on the services provided
by BuyCheapVPS.Com is available on the Website.
General Terms and Conditions means these General Terms and
Conditions of Provision of Services of BuyCheapVPS.Com, which lay down the main
conditions and procedure of provision and use of the services and the rights and
obligations of the Parties. The General Terms and Conditions are published on the
Website.
Special Terms and Conditions means the Services provision
plans and parameters as well as the Services provision pricing conditions, which in
combination with the General Terms and Conditions shall constitute the Agreement.
The Services provision parameters and pricing are published on the Website:
www.buycheapvps.com. The Special Terms and Conditions shall also include information
relating to the Services that is provided in the Account in the Customers System.
Agreement means the agreement of provision of the Services
concluded between the Customer and BuyCheapVPS.Com according to the procedure laid
down in these General Terms and Conditions, which Agreement consists of the General
Terms and Conditions and the Special Terms and Conditions and under which the
Parties assume, with regard to each other, certain obligations relating to ordering,
provision, receipt, and use of the Services.
Customers System means the Customers self-service system
available at https://www.buycheapvps.com/ by
means of which Customers can place, and agree on Services orders, manage the
Services, receive, view and pay invoices for the provided Services, and receive and
exchange information with BuyCheapVPS.Com.
Account means the Customer’s account in the Customers
System, which the Customer can create by filling out the registration form and by
means of which the Customer can access and use the Customers System.
Privacy Policy means the Privacy Policy of BuyCheapVPS.Com
that is published on the Website at Link.
Service Reservation Expenses means the expenses that
BuyCheapVPS.Com sustains for the reservation of the Services resources, e.g.
reservation of server space, as well as the expenses sustained by BuyCheapVPS.Com in
connection with employee time costs, and which BuyCheapVPS.Com is unable to regain.
When the Customer concludes the Agreement for a fixed Service term and in each
subsequent extension of the Service term, the reservation expenses shall be included
in the Service fee. The amount of the Service fee set for the Service term shall
cover and compensate for the expenses of BuyCheapVPS.Com referred to above.
GENERAL PROVISIONS
The General Terms and Conditions are legally binding upon the Parties. The General
Terms and Conditions must be abided by each Customer, regardless of whether or not
the Customer registers with the Customers System and whether or not the Customer has
an Account in the Customers System. The Services may only be ordered and used
following familiarisation with the General Terms and Conditions and acceptance to be
bound by them. Where the Customer does not agree to the General Terms and Conditions
(or part thereof), the Customer may not order or use the Services and register with,
or use the Customers System. The General Terms and Conditions shall not replace or
annul any rights of Customers Consumers that are guaranteed by legal acts or any
duties of BuyCheapVPS.Com in respect of Customers Consumers that are provided for by
legal acts.
BuyCheapVPS.Com may amend both the General Terms and Conditions and the Special
Terms and Conditions, if the Services or the particularities of their provision
change, if the business model of BuyCheapVPS.Com or the model of provision of the
Services (e.g. operating conditions, territory, pricing) change, and if the General
Terms and Conditions or the Special Terms and Conditions must be amended due to the
change of legal acts or any instructions given by state authorities.
Customers shall be notified about the amended General Terms and Conditions by e-mail
or in the Customers System. The amended General Terms and Conditions shall become
effective after they are published on the Website and shall only apply to Service
orders, use and provision of the Services implemented after amendment of the General
Terms and Conditions. Where the Customer does not agree to any amendments to the
General Terms and Conditions, the Customer may not order the Services or extend the
term of use of the ordered Services. Where the Customer orders any Services or
extends the term of use of the Services after publication of the respective
amendments to the General Terms and Conditions, it shall be deemed that the Customer
agrees to the amendments of the General Terms and Conditions in full and without any
reservations.
BuyCheapVPS.Com shall not be liable and shall not assume any risk, if the Customer
fails to familiarise himself with the General Terms and Conditions and/or the
Special Terms and Conditions. With consideration of the fact that the Customer has
been provided with an opportunity to familiarise himself with the General Terms and
Conditions and the Special Terms and Conditions, it shall be deemed that
BuyCheapVPS.Com has appropriately fulfilled its obligations relating to provision of
information.
THE AGREEMENT AND SUBJECT MATTER THEREOF
The Customer that wishes to conclude the Agreement must place with BuyCheapVPS.Com a
Service order accompanied by all required information, read and agree to the General
Terms and Conditions and the Special Terms and Conditions, and pay for the Services
in accordance with the procedure laid down in the General Terms and Conditions. The
Agreement shall be deemed concluded and shall become effective from the moment the
Customer performs all the actions listed in this clause.
BuyCheapVPS.Com hereby undertakes, either independently and/or by hiring
subcontractors, to provide quality Services to the Customer in accordance with these
General Terms and Conditions and the applicable Special Terms and Conditions, and
the Customer hereby undertakes to accept the provided Services and use them
according to the provisions of these General Terms and Conditions and the Special
Terms and Conditions and pay the agreed Service price to BuyCheapVPS.Com.
ORDERING OF THE SERVICES AND EXTENSION OF THE TERM OF PROVISION OF THE SERVICES
The Customer may order the Services on the Website and/or in the Customers System by
filing out the order form and/or providing the information required for ordering the
Services. Successful placement of an order shall be confirmed by notifications sent
by e-mail. After the Customer pays the proforma invoice for the Services provided to
the Customer by BuyCheapVPS.Com by e-mail and/or in the Customers System, it shall
be deemed that the Agreement has been concluded and BuyCheapVPS.Com shall commence
implementation of the Service order.
For execution of a placed order to be commenced, the Customer must pay the proforma
invoice issued by BuyCheapVPS.Com within the time-limit indicated in the
invoice. Where the Customer fails to pay the invoice or pays it with a delay, the
order shall be cancelled, unless BuyCheapVPS.Com provides the Customer with an
opportunity to pay for the Services later by extending the payment deadline
BuyCheapVPS.Com shall not commence execution of an order until the Customer has paid
for the Services.
Following placement of an order, the Customer may only adjust and/or cancel the
order if the Customer registers with the Customers System. In the Customers System,
the Customer can also manage the ordered Services and order new Services. Where the
Customer does not register with the Customers System, the Customer may not adjust or
cancel an order but may place a new order. Only an order paid by the Customer shall
be executed.
The Parties hereby agree that at least 14 (seven) days before expiry of the term of
provision of an ordered Service, BuyCheapVPS.Com shall issue to the Customer a
proforma invoice for the Services for the same term for which the Services were last
ordered. Following payment by the Customer of the proforma invoice, the provision of
the Services shall be extended for the said term.
THE CUSTOMERS SYSTEM, REGISTRATION AND ORDER INFORMATION
The Customer hereby undertakes to provide BuyCheapVPS.Com with accurate, correct,
and complete information relating to registration with the Customers System and
Service order. Where the Customer provides any inaccurate, incomplete, or incorrect
data, it may be impossible to register with the Customers System and/or order the
Services. Furthermore, in this case BuyCheapVPS.Com shall acquire the right to
cancel the already created Account, restrict or suspend the use thereof, and/or
refuse to accept a Service order.
Following provision and entry of all information required for registration by the
Customer, the Customer shall be registered, and an Account shall be created for the
Customer in the Customers System. An automatically generated password intended to
protect the Account shall also be sent to the Customer. The Customer may change this
password to a password of his choice.
Where BuyCheapVPS.Com has any doubts as to the Customer’s identity, then,
prior to activating the Account for the Customer and/or providing all
functionalities of the Account, BuyCheapVPS.Com shall be entitled to request from
the Customer additional information and/or documents proving the Customer’s
identity or other relevant circumstances. Successful registration of the Customer
shall be confirmed by notifications sent by e-mail. Where the conditions and
requirements specified at the time of registration are not satisfied, e.g. any of
the requested information is not provided, the Account will not be approved.
The Account in the Customers System shall be created for the Customer automatically,
and the Customer may not transfer the Account or provide any other rights to use the
Account to third persons, except in cases where the Customer, in the process of
using the functionalities available in the Customers System, grants access and/or
use rights to other users related to the Customer (employees, representatives,
etc.). Such users shall act on behalf of the Customer, and the Customer shall assume
all liability for any actions performed by such users in the Customers System and
for any obligations they assume.
The Customer shall be responsible for the accuracy, correctness, and completeness of
any data provided in the Account at the time of registration and/or ordering of the
Services or later. It is prohibited to use any data of other persons at the time of
registration and/or when ordering the Services.
The Customer must store his login data in such a manner as to protect them from
unauthorised access by third parties, and immediately notify BuyCheapVPS.Com about
any changes in the information and/or data provided by the Customer by adjusting the
respective information in his Account. BuyCheapVPS.Com will always deem that the
data provided by the Customer are accurate and complete. BuyCheapVPS.Com will not be
liable for any damages sustained by the Customer and/or third parties as a result of
the Customer indicating any inaccurate and/or incomplete data or not adjusting or
supplementing any data in case of their changes, except in cases where such data
inaccuracies appear as a result of an inappropriate operation of the Website and/or
the Customers System.
Where the Customer provides any inaccurate, incomplete or incorrect data,
BuyCheapVPS.Com shall be entitled to immediately and without notifying the Customer
implement all or any of the following measures: (i) not register the
Customer’s Account; (ii) deactivate the Customer’s Account; (iii)
restrict or suspend the possibility to use the Account and/or the Services; (iv)
delete any data of the Customer that are processed by BuyCheapVPS.Com; (v) refuse to
accept a Service order. Notification about the implemented measures and the reasons
for their implementation shall be provided to the Customer immediately after their
implementation by e-mail or telephone.
The Customer may freely adjust and/or supplement registration data at any time. The
Customer may only delete the Account in case it does not have any active Services;
therefore, in order to delete the Account, the Customer must first of all cancel
and/or terminate the Agreement. Following deletion of the Account, the Customer
shall be deprived of the opportunity to use the Customers System. Following deletion
of the Account by the Customer, BuyCheapVPS.Com may, with consideration of legal
requirements, continue to store certain data of the Account in accordance with the
procedure and time-limits laid down in the Privacy Policy.
BuyCheapVPS.Com shall be entitled to create and develop the Customers System and/or
the Services and adjust their functionalities and properties as it deems fit. Where
any modifications are material, BuyCheapVPS.Com shall notify Customers of this in
the Customers System and/or on the Website or by sending an e-mail notification.
BuyCheapVPS.Com shall not provide any guarantees as to the quality, uninterrupted
operation, or absence of faults or errors of the Customers System and shall not
assume any liability for its temporary and/or ongoing non-operation and/or
inappropriate operation or temporary unavailability, if this occurs for objective
reasons, or for any loss of, or damage to the Customer’s data, if this occurs
in the absence of any fault or gross negligence on the part of BuyCheapVPS.Com, or
for storage of any information or data transferred to the server by the Customer
using the Customers System upon termination of use of the Customers System. However,
BuyCheapVPS.Com shall in all cases be liable for execution of paid Service orders.
BuyCheapVPS.Com shall be entitled to suspend the operation of the Customers System
for a necessary and reasonable term, if this is required to carry out implementation
of new functionalities, modifications, or technical maintenance. BuyCheapVPS.Com
shall also be entitled to suspend the operation of the Customers System due to data
security breach risks or if required by legal acts or an administrative act.
The Customers System may not be used for any purposes other than its intended
purpose, or for any illegal or incompatible purposes. BuyCheapVPS.Com may at its own
discretion discontinue or suspend the Customer’s access to all or some of the
services or functionalities of the Customers System, if it has any justified
suspicions that the Customers System is used for a purpose other than the intended
purpose or in case where the Customer encumbers or uses the Customers System in
violation of these General Terms and Conditions, requirements laws or other legal
acts in a manner that poses a threat to the functioning of the Customers System or
its availability for other Customers.
In the process of implementing any improvements, modifications, or fault elimination
of the Customers System, BuyCheapVPS.Com shall ensure that the quality of the
Services provided to the Customer does not decrease and that the other obligations
relating to the Agreement are performed.
When the Customer orders the Services and/or registers with the Customers System,
the Customer may be requested to agree and/or disagree to processing of personal
data and profiling for the purposes of sending informational and/or advertising
messages. The Customer can manage his consents in the Customers System. Further
information about personal data processing is provided in the Privacy Policy.
PROVISION OF THE SERVICES AND OBLIGATIONS OF THE PARTIES
The parameters of provision of specific Services are indicated in the Special Terms
and Conditions.
BuyCheapVPS.Com hereby undertakes to:
Provide to the Customer the Services ordered by the Customer in accordance
with the Services quality parameters;
Ensure that the professional hosting and/or server renting service is
available 99.98% (ninety-nine and ninety-five hundredth of a per cent) of
any calendar month time (from the first to the last day) (hereinafter the
Service Level), except the service unavailability due to scheduled technical
maintenance;
Emergency technical maintenance, or a force majeure event. The Service Level
will not apply (and any Service compensation will therefore not be provided
either), if the Service Level is not ensured as a result of any of the
following: (i) the Customer carries out any testing of the Services without
first reaching agreement with BuyCheapVPS.Com; (ii) the Customer fails to
follow any specific instructions given by BuyCheapVPS.Com; (iii) the
Customer fails to perform any obligations under the Agreement, any rules
laid down in the General Terms and Conditions, or any parameters or
conditions laid out in the Special Terms and Conditions;
Compensate to the Customer for every hour of the unachieved Service Level
10% (ten per cent) of the monthly fee payable under the Agreement for the
Services listed in clause 6.2.2, but in any case no more than 100% of the
monthly fee payable under the Agreement for the said Services, or provide
the Services free of charge for the respective period when the Service Level
is not achieved;
Not later than within 3 (three) business days from conclusion of the
Agreement, grant to the Customer the right to use the Services for the term
that was paid, except in cases where provision of the Services is subject to
satisfaction of additional conditions as provided for in clauses 6.2.6 and
6.2.7;
At least 14 (fourteen) days before expiry of the term of provision of a
Service, send to the Customer an invoice for payment for extension of the
term of provision of the Service to the e-mail address indicated by the
Customer;
Assign Linux system administrators for continuous maintenance of a
professional hosting server;
Unilaterally increase the Service plan of the professional hosting, if it is
necessary for the reliable and continuous operation of the Client’s
server;
Not later than within 24 (twenty-four) hours, take measures and put effort
to eliminate any Service provision faults that occur due to failure of any
hardware or software of BuyCheapVPS.Com. Where it is impossible to eliminate
a Service provision fault within the said time-limit, BuyCheapVPS.Com shall
notify the Customer about the envisaged time-limit for elimination of the
Service provision fault;
Where provision of a Service fails by reason of failure of any services
provided by partners (subcontractors) hired by BuyCheapVPS.Com or by reason
of any other circumstances beyond BuyCheapVPS.Com’s control,
BuyCheapVPS.Com may be unable to indicate and ensure a specific term of
elimination of the failure of the Service;
Implement necessary measures to ensure the security of hardware and software
of BuyCheapVPS.Com and of data of the Customer;
Immediately notify the Customer by phone, Support Ticket or e-mail on any
issues relating to provision of the Services, e.g. if, in the opinion of
BuyCheapVPS.Com, there is a threat or there are grounds to believe that
there is a threat to the security of the Customer’s website and/or
data, the limit of the data repository is about to be reached, the term of
provision of a Service is about to expire, etc.
The Customer hereby undertakes to:
Provide accurate information that identifies the Customer and contact
information and timely notify about any changes in this information. At the
request of BuyCheapVPS.Com, provide documents confirming the accuracy of the
information referred to above;
Comply with the conditions of provision of the Services, pay for the
Services, use the Services for their intended purpose and in accordance with
their technical and quality parameters, and follow BuyCheapVPS.Com’s
instructions required for the appropriate provision of the Services and
performance of the Agreement;
Not use the Services, either directly or indirectly, for any unlawful
activities or in violation of enforced legal acts of the United Kingdom or
any rights of BuyCheapVPS.Com and/or third parties;
Pay for the ordered Services by the deadline indicated in the respective
proforma invoice;
Not adjust and/or modify the Services or their technical parameters
independently, if such a possibility is not provided for or granted in the
case of provision of specific Services;
Not use the Services for any illegal purposes, including, without
limitation, bulk e-mail sending, causing of harm to the operation or
security of computer systems and networks, or in violation of enforced legal
acts of the United Kingdom and/or other countries or rights of the Service
Provider or third parties;
Immediately notify BuyCheapVPS.Com about any Service provision faults;
Protect login and other information, ensure security of the software code of
websites, and timely update software and plug-ins;
Agree to the resource accounting data provided by BuyCheapVPS.Com and pay
for the used server and/or other resources in accordance with the respective
invoice issued to the Customer;
Perform BuyCheapVPS.Com’s requests and instructions relating to
assurance of the appropriate provision and security of the Services and take
all necessary steps and cooperate in the process of resolving any matters
relating to provision of the Services and elimination of any faults of
provision of the Services;
Use services of a competent system administrator for the purpose of ongoing
maintenance of the rented server (https://www.buycheapvps.com/)
and
assurance of timely update and security of software, or implement this
independently.
BuyCheapVPS.Com shall be entitled, without the Customer’s consent, to hire
third parties (subcontractors) for the purpose of performance of obligations under
the Agreement. Implementation of this right shall not qualify as assignment of any
rights or obligations.
BuyCheapVPS.Com shall be entitled to immediately and without prior notice suspend,
deactivate and/or discontinue provision of the Services to the Customer, if, by
reason of the Customer’s actions and/or inaction: (i) there is a threat to
provision of the Services, the quality, security, integrity and/or reliability of
the Services; (ii) damage is caused to BuyCheapVPS.Com and/or third parties and/or
their reputation; (iii) the Services are used illegally and/or for any purposes that
are incompatible with democratic values and/or good morals; (iv) the Customer and/or
his representatives communicate in a rude, insulting or disrespectful manner, or any
other recipients of the Services are prevented from using the Services. In these
instances, provision of the Services may, by decision of BuyCheapVPS.Com, be
suspended until the violations have been eliminated or provision of the Services
shall be discontinued.
BuyCheapVPS.Com shall also be entitled, subject to giving notice to the Customer 1
(one) business day in advance, to suspend provision of the Services, if this is
required for carrying out implementation of new Service functionalities, upgrades,
modifications, migrations, or technical maintenance.
To ensure security of the Services and/or security of the Customer’s website,
BuyCheapVPS.Com shall be entitled, without giving prior notice, to suspend provision
of the Services, if there is a security threat to the Customer’s website, e.g.
a DDoS (distributed denial of service) attack, or the Customer’s message flow
creates problems for BuyCheapVPS.Com’s technical platform. Following
suspension of provision of the Services, BuyCheapVPS.Com shall notify the Customer
about the reasons for the suspension and the planned resuming of provision of the
Services.
PAYMENT FOR THE SERVICES
The use of the Services by Customers is normally subject to a fee. In certain cases,
BuyCheapVPS.Com may offer trying its Services free of charge. In this case, the Customer shall
be separately notified about the conditions of provision of such Services.
Specific rates of the fee payable for the Services shall be indicated in the Special Terms and
Conditions, and they are also indicated on the Website and/the in the Customers System when a
specific Service is selected. At the time of ordering of the Services, the rates of the fee for
the Services enforced at the time the order is placed shall apply.
The fee payable for the Services shall be indicated in the proforma invoice issued to the
Customer. The fee payable for the Services shall include the Service Reservation fees, including
value added tax (VAT), if VAT applies according to enforced legal acts.
The Customer must pay the fee to BuyCheapVPS.Com by the payment deadline indicated in the
proforma invoice. Methods of payment for the Services shall be indicated in the proforma invoice
issued to the Customer.
Unless the Parties otherwise agree in writing, an invoice for the Services shall be issued to
the Customer in advance for the fixed term of use of the Services indicated in the Special Terms
and Conditions and/or at the time of placement of the order. This term and the Services fee
payable for this term shall be set with consideration of the Service Reservation Expenses;
consequently, if the Customer terminates the Agreement or discontinues using the Services before
this term expires, the paid amount shall not be refunded to the Customer, except in the instance
indicated in clause 8.1 of these General Terms and Conditions.
Invoices shall be sent to Customers at the time an order is placed and/or to the e-mail
addressed provided in the Customers System. Invoices shall also be provided in the Customers
System.
BuyCheapVPS.Com may adjust the rates of fees payable for the Services by giving the Customer
notice to that effect at least 60 (sixty) days in advance. Any adjustments shall not affect the
fees payable for the periods that commenced before the date the adjustment become effective. In
case of adjustment of the fee rate, the Customer shall be entitled to terminate the Agreement
with BuyCheapVPS.Com from the adjustment effective date by giving notice to BuyCheapVPS.Com to
that effect using the contact information available on the Website, by cancelling the Services
in the Customers System, or by not paying an invoice for the Services for which the fee rate was
adjusted.
Where the Customer fails to timely pay for the Services, the delayed payment administration fee
indicated in the Special Terms and Conditions may be imposed on the Customer. BuyCheapVPS.Com
reserves the right to suspend the Customer’s opportunity to use the Services for the
period of the delay or discontinue provision of the Services, if it is not the first instance of
the Customer’s failure to pay timely. BuyCheapVPS.Com shall be entitled to charge an
additional fee for resuming of provision of a suspended or discontinued Service.
Where BuyCheapVPS.Com restricts provision of the Services, suspends, or discontinues it by
reason of the Customer breaching any provisions of these General Terms and Conditions and/or the
Special Terms and Conditions, then the fee for the Services that have not been used shall not be
refunded. The fee shall not be refunded or compensated to the Customer in any other manners,
e.g. by extending the Services, either. BuyCheapVPS.Com shall not assume, or compensate for any
direct or indirect damages sustained by the Customer as a result of such restriction,
suspension, or discontinuation.
By agreeing to the General Terms and Conditions, the Customer expressly agrees to receive
electronic invoices. Electronic invoices shall be issued and received in any electronic format,
including e-mailed links to invoices uploaded in BuyCheapVPS.Com’s system.
WAIVER AND TERMINATION OF THE SERVICES AGREEMENT; REFUNDS
The Customer shall be in any case entitled, without indicating a reason, to waive the Agreement
that was concluded with BuyCheapVPS.Com remotely within 7 (seven) days from conclusion of the
Agreement and regain the funds paid for the Services.
The right to waive the Services Agreement and regain the funds shall not apply to any Agreements
under which provision of the Services to the Customer has commenced or has been completed in
full and which provide for the Customer’s duty to pay the price of the Services. By
agreeing to these General Terms and Conditions, the Customer confirms his understanding and
expressly confirms that he shall not be entitled to waive the Services Agreement when
BuyCheapVPS.Com has performed the Services Agreement in full and/or has provided the specific
Services in full.
Where the Customer waives the Services Agreement in accordance with the procedure laid down in
clause 8.1, all the funds paid for the Services shall be refunded. BuyCheapVPS.Com shall refund
all the funds paid by the Customer Consumer for the Services within 14 (fourteen) days from the
date of receipt of notice of waiver of the Services Agreement.
Funds shall be refunded to the Customer Consumer in the same manner in which they were paid for
the Services.
Fees paid shall only be refunded to the Customer if the Agreement is terminated on the
initiative of the Customer within 7 (seven) calendar days from its effective date. In case where
the Customer terminates the Agreement upon expiry of the said term, any funds paid by the
Customer as a Service fee shall not be refunded and it shall be deemed as compensation to
BuyCheapVPS.Com for the Service Reservation Expenses.
BuyCheapVPS.Com shall be entitled, at its discretion, to terminate the Agreement and/or suspend
provision of the Services, if the Customer breaches any provisions of these General Terms and
Conditions and/or any of his obligations as well as in other instances provided for in the
General Terms and Conditions.
Prior to terminating the Agreement and/or suspending or discontinuing provision of the Services,
BuyCheapVPS.Com shall notify the Customer (except in instances listed in these General Terms and
Conditions) about the breach being committed by the Customer and about the fact that, if the
breach is not eliminated and/or discontinued within the time-limit set by BuyCheapVPS.Com, the
Agreement will be terminated or provision of the Services will be suspended and/or discontinued.
Upon termination of the Agreement and/or discontinuation of provision of the Services in
accordance with the procedure laid down in these General Terms and Conditions, Buy Cheap VPS
shall not
guarantee the subsequent storage of the Customer’s data or an opportunity for the Customer
to transfer the data from BuyCheapVPS.Com to any other servers, repositories and/or
environments.
INTELLECTUAL PROPERTY
All intellectual property rights to the Services, the Website, the Customers System, the data
stored in the Customers System, names, logos, Service names, descriptions, trademarks, software,
designs, as well as all of their updates, modifications, improvements, supplementations,
corrections and new versions and other property attributes, including all and any intellectual
property rights attributed to them, shall be owned by BuyCheapVPS.Com, and these rights shall
not be transferred or assigned to the Customer. All the rights to the Services and
BuyCheapVPS.Com’s works shall be reserved. No content or other information of
BuyCheapVPS.Com may be reproduced, made available publicly, or distributed without
BuyCheapVPS.Com’s prior written consent.
The Customer hereby grants to BuyCheapVPS.Com the right to use free of charge, for an unlimited
time and in an unlimited territory, the Customer’s name and logo in
BuyCheapVPS.Com’s customer lists, on the Website, in advertising, and in commercial
offers. The Customer may object to such use of its data at any time.
The Customer shall not be entitled to make any changes or modifications to the software code or
other constituent parts of the Website, the Customers System, or specific Services, use reverse
engineering, or perform any other actions that may affect the operation or integrity of the
Website, the Customers System and/or the Services.
PERSONAL DATA
BuyCheapVPS.Com shall process personal data relating to provision of the Services as indicated
in the Privacy Policy, with which the Customer must familiarise himself. The data processing
agreement is also published on the Website for instances where BuyCheapVPS.Com acts as a
processor of personal data controlled by the Customer. A separate personal data processing
agreement shall not be concluded between the Parties.
LIABILITY OF THE PARTIES
Where a Party sustains any damages by reason of any unlawful actions of the other Party, the
guilty Party must compensate for the direct damages sustained by the aggrieved Party, except in
cases where legal acts obligate the guilty Party to compensate for all the damages sustained by
the aggrieved Party.
BuyCheapVPS.Com shall not be liable for any consequences appearing to the Customer, if the
Agreement is terminated and/or provision of a Service to the Customer is suspended and/or
discontinued in accordance with the procedure laid down in these General Terms and Conditions.
BuyCheapVPS.Com shall not be liable for any of the following: (i) errors and failures of any
communication systems used by the Customer; (ii) Service use faults resulting from
cyber-attacks, viruses, or other third-party actions, except in cases where BuyCheapVPS.Com has
failed to implement at least minimum security measures; (iii) failures or loss of any device
used by the Customer; (iv) inappropriate operation of an operating system used by the Customer;
(v) failures of operation of any other programmes; (vi) inappropriate operation of the Services
as a result of the Customer failing to abide by the conditions of use of the Services; (vii)
inappropriate operation of the Services resulting from the Customer’s intent or gross
negligence, bad faith or illegal actions, or inaccurate or incorrect data provided by the
Customer; (viii) any content uploaded by the Customer or compliance of any such content with
legal acts, because BuyCheapVPS.Com does not control and does not affect any information that is
transmitted, received and/or stored (if any such information can be transmitted, received and
stored) using the Services.
The Services shall be provided in accordance with the principles “as is” and
“as available.” BuyCheapVPS.Com shall not guarantee that access to the Services will
be uninterrupted or error-free. Upon occurrence of any Service provisions failures,
BuyCheapVPS.Com will seek to eliminate them as soon as possible. BuyCheapVPS.Com shall not
assume or compensate for any damages sustained as a result of Service operation faults or
failures, except in cases where BuyCheapVPS.Com must assume liability for such damages according
to applicable legal acts.
BuyCheapVPS.Com shall not guarantee that the Customer will be always able to avail of the
Services at the desired place and time because provision of the Services also depends on other
factors that are beyond the control of BuyCheapVPS.Com, e.g. unstable or unavailable internet
connection, a faulty device of the Customer or the Customer’s service user, failure to
provide data required for provision of the Services, etc.
The Customer shall be liable in full for the following: (i) the content of any information that
he sends, receives and stores using the Services (including any violations of legal acts of the
United Kingdom that regulate intellectual property, protection of personal data, provision of
advertising services, etc.); (ii) any damage and inconvenience that arises to the
Customer’s end users as well as any damage caused by the end users to BuyCheapVPS.Com
and/or third parties (including any violations of legal acts of the United Kingdom that regulate
intellectual property, protection of personal data, provision of advertising services, etc.);
and (iii) in case of failure of the Services, the Customer shall be liable for prompt provision
of information to BuyCheapVPS.Com. The Customer must also take all steps to prevent any damage
relating to Service failures or minimise the consequences of any damage that occurs.
The Parties shall not be liable for failure to fulfil their obligations, if the failure results
from any circumstances that the Parties could not have controlled or reasonably foreseen at the
time of conclusion of the Agreement and where the Parties could not have prevented the
appearance of these circumstances or consequences thereof (force majeure circumstances, e.g.
fire, actions of state authorities, announcement of an emergency situation and/or lockdown,
military actions or civil unrest, attack against electronic systems used by BuyCheapVPS.Com,
including any systems managed by BuyCheapVPS.Com’s service providers, etc.). Where the
said circumstances last for more than 1 (one) month, the Parties may terminate the Agreement.
INFORMATION EXCHANGE
All and any notices, requests, and other documents relating to these General Terms and
Conditions and provision of the Services shall be sent to the Customer to his Account and/or to
the e-mail address indicated by the Customer at the time of registration with the Customers
System or placement of an order for the Services.
For the purposes of performance of the Agreement and provision of the Services and to ensure the
prompt problem and issue solving, the Parties hereby agree that they shall give priority to
communication by phone, except in cases where, to resolve an issue or situation, the Customer
must be accurately identified and/or there is a need to communicate via the Customers System.
The Customer must immediately notify BuyCheapVPS.Com about any changes in his contact
information by adjusting the information in the Account or notifying BuyCheapVPS.Com in another
manner. Sending of notices or calling using the e-mail address or telephone number last known by
BuyCheapVPS.Com shall qualify as proper provision of information.
The Customer must send notices to BuyCheapVPS.Com to the contact e-mail address indicated on the
Website.
All and any information that BuyCheapVPS.Com provides to the Customer in the system as well as
all and any information provided to the Customer individually by e-mail, including, without
limitation, these General Terms and Conditions, shall be deemed to have been provided to the
Customer in writing.
FINAL PROVISIONS
The Agreement, the General Terms and Conditions, and the Special Terms and Conditions shall be
governed by the law.
BuyCheapVPS.Com may at any time assign its rights and obligations under the Agreement, the
General Terms and Conditions, and the Special Terms and Conditions to third parties without
obtaining the Customer’s consent, but in this case BuyCheapVPS.Com must ensure that, as a
result of such assignment to third parties, the Customer’s position will not worsen, and
the scope of the Customer’s rights and obligations will not change.
All and any disputes of the Parties relating to the Agreement, the General Terms and Conditions,
and the Special Terms and Conditions shall be resolved by method of negotiations. Where the
Parties are unable to resolve a dispute by method of negotiations within 30 (thirty) days, the
dispute shall be finally resolved in court with consideration of the registered address of
BuyCheapVPS.Com, except in cases where laws of provide for a different jurisdiction.
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