Terms of Service

PLEASE READ THESE CUSTOMER TERMS OF SERVICE CAREFULLY.

Last Modified: 18-9-2016

Euclid Services Limited (also referred to as 'the Company', ‘EuroVPS’, in the proceeding text) agrees to furnish services to the Subscriber, subject to the following TOS (Terms of Service). Use of Euclid Services Ltd. Service constitutes acceptance and agreement to Euclid Services Ltd. AUP as well as Euclid Services Ltd. TOS policy (Terms of Service).

Our Obligations

Dependent on subscribers’ fulfilment of fee obligations for their subscribed services, EuroVPS will provide Hosting Services and Support Services subject to the standards outlined in the Service Level Agreement(s) for the term of the agreement.

Your Obligations

Subscriber must use reasonable security precautions during use of their services. This includes but is not limited to, proper updating and security patching of web applications installed and running within our datacenter; comply with EuroVPS Acceptable Usage Policy; cooperate with EuroVPS staff in case of required investigation of security service outage, due to security breaches within your hosting; ensure that billing and other account information remains up to date; pay service fees before due date specified on invoice.

Account Ownership

You are responsible for any activity or actions performed through this provided account, subject to the terms of services outlined on this page. By subscribing to our services, you are agreeing that the services rendered are solely for your use and not any third party. Euclid Services holds no discrimination towards any groups, whether it be nationality, gender, or age. You are however responsible to ensure that the rules and regulations applied by these terms and conditions comply with your local laws, in the case the two conflict,

Account Information Integrity

To use EuroVPS services, you are required to provide the full and valid account information as requested in the signup process. Should there be any changes during the subscription period in respect to your account and/or company information, you are responsible to make the required adjustments in the 'Client Area' portal. As a client of EuroVPS, you are required to provide only accurate information regarding your identity. In the case of suspected false representation EuroVPS reserves the right to request proof of identity prior to delivering services in the form of legal documentation i.e. Scanned ID, Passport, and/or Credit Card used in the purchase to ensure the safety of the existing client base and infrastructure of EuroVPS. Failure to provide legal documentation upon request within 48 hours will result in the cancellation of the Account.

Resellers

EuroVPS also is aware that many of its subscribers are, themselves, providers of Internet services, and that information reaching EuroVPS's facilities from those subscribers may have originated from a customer of the subscriber or from another third-party. EuroVPS does not require its subscribers who offer Internet services to monitor or censor transmissions or web sites created by customers of its subscribers. EuroVPS has the right to directly take action against a customer of a subscriber. Also, EuroVPS may take action against the EuroVPS subscriber because of activities of a customer of the subscriber, even though the action may affect other customers of the subscriber. Similarly, EuroVPS anticipates that subscribers who offer Internet services will cooperate with EuroVPS in any corrective or preventive action that EuroVPS deems necessary. Failure to cooperate with such corrective or preventive measures is a violation of EuroVPS policy.

Refusal of Service

EuroVPS holds the right to restrict use of services. We reserve the right to refuse service to anyone at any time for any reason.

Acceptable Usage Policy (AUP)

EuroVPS has developed an Acceptable Use Policy ("AUP"), which is hereby incorporated by reference in this agreement, supplements and explains certain terms of each customer's respective service agreement and is intended as a guide to the customer's rights and obligations when utilizing EuroVPS's services. This AUP will be revised from time to time. A customer's use of EuroVPS's services after changes to the AUP are posted on EuroVPS's web site, will constitute the customer's acceptance of any new or additional terms of the AUP that result from those changes. In the event of a dispute between EuroVPS and Customer regarding the interpretation of the AUP, EuroVPS commercially reasonable interpretation of the AUP shall govern.

SLA Credit Terms

Part of EuroVPS obligations includes maintaining availability subject to the service level agreement guarantee promised. To claim compensation for network downtime at EuroVPS, subscribers agree that they must open a ticket requesting SLA compensation within five days of the purported outage. The ticket will be investigated by administration and the outage will be crosschecked against our corporate monitoring system. SLA payments are issued as credit notes to be used against future invoices with a maximum processing time of 30 days. Clients are required to include a full description of the purported outage including the following client details, hosting plan, IP address, and Logs where applicable.

IP Allocations

All IP addresses which are assigned to subscriber must be justified per RIPE Guidelines. If it is determined that IP addresses which have been assigned to subscriber are not being used in accordance with these guidelines, they may be revoked. Purchase of additional IP addresses, is possible, only with explicit justification of the reason IP address is required. We reserve the right to deny requests for IP addresses, under our sole discretion.

Customer Backups

Subscriber agrees to maintain a current copy of all content hosted by EuroVPS notwithstanding any agreement by EuroVPS to provide back up services. EuroVPS is not responsible for the completeness, integrity, or freshness of your account(s) backup. EuroVPS recommends you have your own backup system in place as a secondary measure of precaution.

Access to Equipment

EuroVPS is the sole owner of the equipment used by the subscriber. The subscriber has no rights on the equipment used, and physical access to equipment, and datacenter, by customer is strictly prohibited.

Harassment and Abuse

Subscriber agrees to engage EuroVPS staff in a professional manner. This includes all communication mediums, such as email, helpdesk tickets, live chat, and telephone communication. EuroVPS does not tolerate abuse of any kind towards it's employees. This includes all verbal harassment, yelling, swearing, rudeness, threats to sue, threats to publicly post, threats to initiate chargeback, and any intentionally disruptive behaviour directed at EuroVPS staff. Any abuse will be construed as a violation of this Terms of Service agreement, and a single warning will be issued in case of violation. If abusive communication continues after aforementioned single warning, we reserve the right to suspend or terminate your account without refund.

Resource Usage

Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all EuroVPS customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. EuroVPS reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason.

Payments

Subscriber agrees that payments for services incurred at EuroVPS, shall be paid by valid payment method. Payment methods accepted by EuroVPS include Credit Card (MasterCard and Visa), PayPal, and Wire Transfer. Payments via any other payment method beyond the aforementioned, will not be accepted. Subscribers’ first payment for ordered services, upon subscribing for the first time, will only be accepted upon completion of a security check to protect against fraudulent orders. Subscriber agrees that EuroVPS is authorised to proactively charge any subsequent renewals, monthly, annual, or other, using payment method on file.

7 Day Money Back Guarantee

All new EuroVPS subscribers are eligible for a 7 day money back guarantee on Shared Hosting, Reseller Hosting, and Cloud Servers. For all other products without exception, there are strictly no refunds. This includes, but is not limited to, domain registrations, SSL certificates, 3rd party software licensing, managed support plans, Dedicated Servers, Custom Cloud products. The definition of a new customer is one who has never purchased services from EuroVPS in the past. Money Back Guarantee is applicable only for single purchases. If subscriber purchases a 2nd, 3rd, etc. hosting package, and wishes to cancel the first hosting package, they are not eligible for a refund. If the TOS/AUP agreed upon when ordering is violated in any way, this retracts eligibility for the 7 Day Money Back Guarantee. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process. Wire Transfers are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services. It is up to our sole discretion to reserve the right to deny any refund request if we feel abuse of services has occurred in any way.

Term

The term of service is selectable by subscriber during the ordering process on our publicly accessible shopping cart. Term can also be adjusted post-signup via subscriber request to EuroVPS for term adjustment. The term begins upon the processing of subscribers order. Successful order processing is subject to payment of referenced order invoice. Unless subscriber specifies otherwise through either (i) cancellation notice within acceptable notice period; (ii) request for term augmentation; the term, in length equal to its prior term, will renew automatically.

Service downgrades and upgrades

Service downgrades (for instance, when changing to a hosting package that offers fewer options) will take effect at the account's anniversary date only (an account anniversary date corresponds to the day of the month at which an account was opened. For instance, if an account was opened on October 31st, this account may be modified on the 31st of each month once the original commitment is over). Service upgrades, however, may take effect at any time.

Chargebacks

Subscribers that wish to dispute a payment, must send an email directly to administration@eurovps.com whereby issue will be researched, and investigated by account managers. If this step is skipped, and payment dispute and/or chargeback is executed with his/her credit card issuing bank and/or PayPal (“Dispute”), said subscribers account will be immediately suspended pending investigation of the issue. EuroVPS has a zero tolerance policy for chargebacks. Any customer who disputes a credit card or PayPal payment, agrees to pay a “Reactivation Fee” of 75 EUR for services to be unsuspended, regardless of the outcome of dispute. We reserve the right to deny renewal of our services to any subscriber who issues a chargeback.

Fee Increases

EuroVPS reserve the right to increase its fees for services effective the first day of a renewal term. EuroVPS will give customers at least a thirty (30) day notice of impending price increases prior to the issuance of their terms’ renewal.

Late payment

Invoices must be paid by their respective due date. All invoices have clearly defined due dates which are visible on said invoices. Subscribers that have not paid their fees by notated due date as specified on the invoice, understand that they are in breach of this agreement; accounts that are in arrears for 3 or more days will be subject to automatic service suspension. Reactivation of services that have been suspended due to late payment, is possible, only after full settlement of past due invoices, and the payment of a 10 EUR reactivation fee. Accounts that are over 14 days, are subject to immediate termination. Backups will be held for 14 further days, pending total deletion. Account restoration from archived backups are subject to a 175 EUR restoration fee.

Taxes

Subscribers whom are residents of the European Union must pay applicable VAT (19%). Those subscribers that purchasing on behalf of a registered company, are excluded from VAT charges, granted that a valid Europa VAT number is provisioned to our accounts team during signup.

Suspension of Services

You agree that EuroVPS may suspend your services without liability if (i) we reasonably believe that the services you have subscribed to are being used in violation of our AUP (Acceptable Usage Policy); (ii) you have unpaid, overdue invoices within your client area portal; (iii) your services are being used to carry out attacks on other servers, or your services are under attack, or your services are in any way, wilful or not, affecting the quality of service of other customers.

Cancellations

Subscriber acknowledges that a minimum of 14 days (30 Days Notice required for Dedicated Servers) cancellation notice prior to the renewal of subscribed term must be made. Notice of cancellation can be made subject to the following guidelines:

Cancellation Request can be submitted to the billing department by emailing administration@eurovps.com

Cancellation Request can be submitted to the billing department by clicking the “Request Cancellation” button within the specific service page of subscribed service, that subscriber wishes to cancel.

Subscribers that pay EuroVPS via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. EuroVPS (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.

Disclaimer of Warranties

EUROVPS DOES NOT WARRANT OR REPRESENT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE EXTENT PERMITTED BY APPLICABLE LAW EuroVPS DISCLAIMS ANY AND ALL WARRANTIES INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY APPLICABLE LAW, ALL SERVICES ARE PROVIDED ON AN "AS IS" BASIS.

Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS, OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE LOSS OR DAMAGE OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED BY THE USE OF REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THE AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THE AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIABILITY OF EUROVPS AND ANY OF ITS EMPLOYEES, AGENTS OR AFFILIATES, UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, AND INFRINGEMENT) SHALL BE A PAYMENT OF MONEY NOT TO EXCEED THE AMOUNT PAYABLE BY CUSTOMER FOR ONE MONTH OF SERVICE.

Indemnification

Customer agrees to indemnify and hold harmless EuroVPS, EuroVPS affiliates, and each of their respective officers, directors, agents, and employees from and against any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, amounts in interest, expenses and disbursements of any kind and nature whatsoever (including reasonable attorneys fees) brought by a third party under any theory of legal liability arising out of or related to the actual or alleged use of Customer's services in violation of applicable law or the AUP by Customer or any person using Customer's log on information, regardless of whether such person has been authorized to use the services by Customer.

Force Majeure

EuroVPS shall not be in default of any obligation under the Agreement if the failure to perform the obligation is due to any event beyond EuroVPS control, including, without limitation, significant failure of a portion of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorist activity, or other events of a magnitude or type for which precautions are not generally taken in the industry.

Terms of Use Change

EuroVPS reserves the right to augment the above terms of service at any time. Such changes will become effective and binding after their posting on The Company's website. By continuing to use EuroVPS services after any posted revision, all subscribers agree to abide by it.

Governing Law

The subscriber agrees that this Agreement shall be governed in all respects by the laws and courts of Cyprus. Subscriber agrees that any claim or dispute that may arise against Euclid Services Ltd., must be resolved by a court located in Cyprus.