Terms of Service

1. The agreement

These Terms work together with our Acceptable Use Policy and our Privacy Policy, which form part of this agreement. The details of each Service you order, such as its resources, location and price, as shown at checkout and in your dashboard, also form part of it.

If these documents conflict, the order details apply first, then these Terms, then the other policies.

2. Who can use the Services

• You must be at least 18 years old and able to enter into a binding contract.
• If you use the Services for a company or other organisation, you confirm that you are allowed to accept these Terms on its behalf; “you” then means that organisation.
• You may not use the Services if you are subject to sanctions, or if the law of Canada or of the country where you are forbids you to use them, or to send the Services or technology to a sanctioned country or person.
• We may refuse or cancel an order, or ask you to verify your identity or payment, when needed to prevent fraud or comply with the law.

3. Your account

• Give us accurate information and keep it up to date, especially your email address: we send invoices, renewal reminders, suspension and deletion notices there.
• Keep your password secret and use a strong, unique password. You are responsible for everything done through your account.
• Tell us at once at [email protected] if you think someone has accessed your account without permission.
• One person or organisation owns each account. You may not sell or transfer your account without our written agreement.

4. The Services

We provide virtual private servers (VPS), cloud servers, domain registration and related add-ons. Each Service has the resources, location and features described on our website and at checkout when you order it.

Servers are self-managed: you choose and run the operating system and software, and you are responsible for configuring, updating and securing them. Our support helps with the Services we deliver, such as access, network, billing and the platform, but does not manage the software you install.

Each server includes the public IPv4 address shown at checkout. IP addresses stay ours; they are assigned to you only while your Service is active, and we may need to change them for technical or legal reasons, with notice where possible.

Features we label as beta or preview are offered as they are and may change or end at any time.

5. Orders, prices and payment

• Prepaid: Services are paid in advance for the billing period you choose. A Service starts after its invoice is paid.
• Currency: all prices and payments are in United States dollars (USD). If you pay in another currency, your bank or payment method may charge conversion fees.
• What you pay: the price shown at checkout, including the server, its IPv4 address and any add-ons you select. Taxes are added where the law requires.
• Payment fees: paying by card or digital wallet adds a 3% processing fee, and paying by PayPal adds 5%. Paying from your account balance, by cryptocurrency or by bank transfer has no fee. Any fee is shown before you pay.
• Cryptocurrency: send the exact amount, on the network shown, before the payment window closes. Network fees are yours, and a payment sent to the wrong network or address may be lost.
• Invoices: are available in your dashboard and sent by email.

6. Renewals, suspension and deletion

• Renewal price: each renewal is charged at the price of the Service in our catalog on the renewal date, which may be higher or lower than what you paid before. We tell you the amount on the renewal invoice.
• Reminders: we email the renewal invoice 10 days before your Service expires and a reminder 3 days before.
• Automatic payment: if automatic payment is on for a Service, we charge the renewal to your account balance or saved payment method. You can turn it off for each Service in your dashboard at any time before the renewal date.
• Suspension: if the renewal is not paid by the expiry date, the Service is suspended: the server is stopped but its data is kept.
• Deletion: 3 days after the expiry date, an unpaid server is permanently deleted with all its data and IP addresses. We email you a warning the day before. Paying the renewal invoice before then reactivates the Service.

Deleted servers and their data cannot be recovered. Domains follow the rules of their registry, and a domain that is not renewed in time may become unavailable or cost more to restore.

7. Account balance

You can add funds to your account balance and use them to pay for any of our Services. Balance is prepaid credit, not a bank deposit: it earns no interest, cannot be transferred to another account and is used only for our Services.

8. Refunds and disputes

• Long-term plans: our long-term service agreements include a discounted rate and cannot be cancelled early.
• Licences and domains: software licences (such as Windows Server licences) and domain registrations cannot be refunded once activated.

If you believe a charge is wrong, please contact us first at [email protected] and we will look into it quickly. If you open a chargeback or payment dispute, we may suspend the related Services while it is open, and recover any amount found to be owed.

9. Acceptable use

You must use the Services lawfully and follow our Acceptable Use Policy. In particular, you may not use them for:

• attacks of any kind, including denial-of-service (DDoS) attacks, unauthorised scanning, intrusion attempts and IP spoofing;
• spam, phishing, or running open mail relays or open proxies that others can abuse;
• malware, botnets, command-and-control servers or ransomware;
• child sexual abuse material, content that promotes terrorism or violence, or any other illegal content;
• infringing copyright, trademarks or other rights of others;
• cryptocurrency mining on plans with shared CPU, or any use that seriously degrades the Services for other customers.

When we receive an abuse complaint about your Service, we forward it to you by email and may ask you to resolve it within 48 hours. If you do not, or if the activity is serious, we may suspend the Service. We may report illegal activity to the authorities.

You are responsible for what you and your users do on your Services, including software you run and content you host. Abuse reports go to [email protected].

10. Your content and data

You keep all rights in the data, software and content you put on the Services (“Your Content”). You give us only the permission needed to host, store, transmit and back it up as part of running the Services. We do not access Your Content except as described in our Privacy Policy.

You confirm that you have the rights needed for Your Content and that it does not break the law or these Terms.

You are responsible for backing up Your Content. Unless you buy a backup or snapshot add-on, we do not keep copies of your data, and even then you should keep your own backups.

Backups and snapshots offered with our Services are a convenience, not a guarantee. We are not responsible for data lost because a backup was not taken, failed or could not be restored.

11. Suspension and termination

You may stop a Service at any time: delete the server from your dashboard, or turn off automatic payment and let it expire. You may close your account from your dashboard once it has no active servers. Refunds are covered in “Refunds and disputes”.

We may suspend or end a Service, or your account, if:

• you do not pay an invoice when due;
• you break these Terms or the Acceptable Use Policy, or your use creates a risk to our network, other customers or third parties;
• we reasonably suspect fraud or a compromised account or server;
• the law, a court or an authority requires it.

Where we can, we warn you first and give you a reasonable time to fix the problem. We may act without notice in urgent cases, such as an attack in progress or illegal content. If we end a Service for serious or repeated breaches, no refund is due.

12. Availability and changes to the Services

We work to keep the Services available at all times, but they may sometimes be interrupted for maintenance, upgrades, network problems or events outside our control. We announce planned maintenance in advance when it is likely to affect you.

We may improve or change the Services, plans and prices. Price changes do not affect a period you have already paid; they apply from your next renewal. If we stop offering a Service you use, we will give you at least 30 days’ notice and help you move to a similar one where possible.

13. Domain names

When you register, transfer or renew a domain through us, you also agree to the rules of the registry for that domain extension. You must give accurate owner contact details and keep them current; registries may suspend domains with false details.

Domain registrations are not reserved until they are paid and confirmed by the registry. Registry fees are not refundable once a domain is registered, renewed or transferred.

14. Our intellectual property

Our website, dashboard, software, brand and content belong to NodexVPS or our licensors. These Terms give you the right to use them only to use the Services. You may not copy, resell or reverse-engineer them, except where the law allows it.

If you send us suggestions or feedback, we may use them freely and without obligation to you.

15. Disclaimer

Apart from the commitments in these Terms, the Services are provided “as is” and “as available”. To the extent the law allows, we make no other promises, for example that the Services will be uninterrupted or error-free, or suitable for a particular purpose.

16. Limitation of liability

To the extent the law allows:

• we are not liable for indirect or consequential losses, such as loss of profits, revenue, business, goodwill or data;
• our total liability for all claims relating to the Services is limited to the amount you paid us for the affected Service in the 12 months before the event that caused the claim.

Nothing in these Terms limits liability that cannot be limited by law, such as liability for fraud, or for death or personal injury caused by negligence, or your statutory rights as a consumer.

17. Indemnity

You agree to compensate us for claims, losses and reasonable costs, including legal fees, that third parties bring against us because of Your Content or your breach of these Terms or the law. We will tell you about such a claim promptly and let you take part in the response.

18. Governing law and disputes

These Terms are governed by the laws of the Province of Ontario and the federal laws of Canada that apply there. The courts of Toronto, Ontario have jurisdiction over any dispute.

Before going to court, please contact us at [email protected] so that we can try to settle the matter in good faith within 30 days.

If you are a consumer, you also keep the protection of the mandatory laws of the country where you live, and you may bring a claim in its courts.

19. Events outside our control

Neither of us is responsible for a delay or failure caused by events outside reasonable control, such as natural disasters, war, terrorism, large-scale network attacks, failures of power or internet backbones, or actions of governments, as long as we take reasonable steps to limit the impact. This does not excuse paying for Services already delivered.

20. Changes to these Terms

We may update these Terms. We will publish the new version on this page with a new date. For significant changes, we will tell you by email or in your dashboard at least 30 days before they take effect, unless the change is required by law sooner. If you do not agree, you may cancel your Services before the changes take effect; continuing to use them afterwards means you accept the new Terms.

21. General

• These Terms, with the documents listed in “The agreement”, are the whole agreement between you and us about the Services.
• If any part of these Terms is found invalid, the rest stays in force.
• If we do not enforce a right straight away, we do not give it up.
• You may not transfer your rights under these Terms without our consent. We may transfer them to a company that takes over our business, under the same Terms.
• We send notices to the email address on your account; you send them to [email protected].
• These Terms may be translated. If a translation differs from the English version, the English version applies, unless the law where you live requires otherwise.

22. Contact us

Questions about these Terms: [email protected]. Abuse reports: [email protected].

By post: NodexVPS Cloud Infrastructure Ltd., 18 King Street East, Unit 1400, Toronto, Ontario M5C 1C4, Canada.