Terms of Service
Throughout this document the company "VPS-Forge" may be referred to as "we", "our", or "the company". The customer/client shall either be referred to as such or as "the account holder". Any product or service we sell shall be herein referred to as "product", "service", or "billable item". By signing up to our services the client agrees to abide by all of these terms and conditions. VPS-Forge reserves the right to terminate any account we deem to be in breach of these terms and conditions.
The client assumes responsibility for all actions performed by their account whether done by them or not. It is the client's responsibility to ensure their services remain secure.
VPS-Forge will continue to provide a service, which is paid for in advance by the client, for the client as long as the client abides by the terms of service.
VPS-Forge reserves the right to change these terms at any time and agrees to inform all current users of the change in these terms by the email used to sign-up to our service. It is the client's responsibility to check their email for this update and is also the client's responsibility to keep us informed of their current email address. VPS-Forge will not be held liable for clients not fully understanding the terms of service and any issues that arise from that lack of understanding.
DATA
VPS-Forge will not be held responsible for the loss of data. Clients have sole responsibility of the data they store on our servers and are encouraged to perform regular backups. We do provide a backup service to clients that request it. However we can not guarantee the storage of data and will not be held liable for any loss of data that we have backed up for a client. We do use RAID 1 configurations for our servers but this does not guarantee the safety of all data. Although we will endeavour to protect the data stored on our servers; the ultimate responsibility of a client's data lies with the client.
CANCELLATIONS
To request a service cancellation, a support ticket must be submitted to the billing department 5 days prior to the next invoice due-date. The same applies for downgrading - a period of 5 days prior to invoicing is required to downgrade. Otherwise we cannot guarantee the client will not be billed for their current product. Once a cancellation has been approved all of the client's data on the specified product to be cancelled will be permanently erased within 24 hours of successful cancellation.
REFUNDS
All of our services come with a 5 day 'no questions asked' money back guarantee (within the terms of service). The client must submit a support ticket to our billing department within 5 days of receiving their order if they wish to cancel and be refunded. No refunds will be given after 5 days of product activation. Submitting a fraudulent claim to a payment gateway or attempting a charge-back will result in the client being permanently blacklisted from our services. These terms of service will also be used to fight the charge-back. Refunds will be denied if the client has:
• Used the product to perform illegal activities
• Used the product as a method to spam
• Excessively used server resources (Bandwidth/CPU time)
• Broken any part of the terms of service
VPS-Forge reserves the right to judge all refunds on a case-by-case basis and if we deem the client has breached our terms of service during the time of using our service, we may deny a refund.
NON-PAYMENT
Clients will be suspended after 5 days of non-payment except in special circumstances which will be reviewed on a case by case basis by our billing department. Any suspended service will remain suspended until the invoice has been paid in full. Services that have been suspended for 14 days will be terminated and all data on said service will be permanently lost.
AUP (Acceptable Use Policy)
The acceptable use policy can be found here.
DISCLAIMER
All services that are provided by VPS-Forge are provided as-is and VPS-Forge shall not be held liable for any of the following:
• Economic loss of any kind whatsoever
• Loss of data
• Damage to reputation
• Loss of client contracts
• Loss of anticipated earnings
• Loss resulting in any third party claims
• Special, indirect or consequential loss or damage of any nature whatsoever.
The client (by agreeing to this entire terms of service) agrees to indemnify VPS-Forge from and against any claim which may be made against VPS-Forge in respect thereof.
SERVICE PROVISION
VPS-Forge will attempt to provide a service to all clients that request one. However, we cannot guarantee to provide such a service and therefore reserve the right to reject any orders that we deem necessary.