Terms of Service

Performance

eVPS agrees to provide and customer agrees to purchase the services requested by customer from the website, in email or in writing. Customer may add services via any of the methods and agrees to pay in advance for them whether they be one time charges or recurring monthly fees.

Payments

eVPS will invoice Customer for Fees and Expenses monthly, quarterly, semi-annually or annually. Payment shall be due immediately upon the invoice date for recurring services. Invoices which remain unpaid two days after they are due, shall be suspended and after 5 days, terminated and any data stored on the service, completely wiped. Unless otherwise agreed in writing by the Parties, the failure of eVPS to include earned or incurred Fees or Expenses on a given invoice shall not relieve Customer of its obligation to pay such Fees or Expenses.

Chargebacks and disputes will lead to suspension of the whole account, including all services that are active under the account. We may choose to cancel the account completely without any refunds, at our sole discretion in these cases.

Refund Policy

Our virtual private servers (VPS) carry a 7-day money back guarantee with a valid reason requirement. Valid reasons include issues which are caused directly due to the fault of eVPS. Issues outside our control or network do not qualify for a refund.

You may be charged for the resources you have used including but not limited to bandwidth, RAM and storage space. Upgrades, one-time fees, setup fees and licensing fees whatsoever are non-refundable.

All other services except VPS are non-refundable.

A refund must be requested by opening a ticket with our billing department and providing an overview of the issue you had with the service, along with the appropriate evidence/logs providing it to be an issue caused due to the fault of eVPS. A cancellation request is equivalent to deleting your server and does not warrant a refund request.

Prohibited Usage

A list of prohibited content can be found below, which includes but not limited to the following:

• All kinds of cryptocurrency mining (e.g Bitcoin/Ethereum mining, Chia plotting etc)
• Child pornography
• Malware/virus/security exploit activities
• Terrorist activities
• Email spam
• Phishing
• Port scanning, brute forcing or any other hacking attempts
• DDoS/DoS/booters/network floods or similar network attacks activities
• Any CPU, disk or network abusing software. Including but not limited to card sharing (MultiCS etc), Folding@Home, Traffic Exchange and other similar software. Exceptions can be made for plans with dedicated CPU if we are notified in advance.
• Any illegal activity by law
• Outbound TCP port 25 (SMTP) is blocked by default in all locations. This restriction can be removed with a valid justification. Contact us for more information.

Any of the above being detected will result in an immediate suspension with no prior warning. It may lead to a termination. No refund shall be granted in these cases.

If you would like to install an application on your service with eVPS that may be deemed abusive, or if your application must use outbound TCP port 25, please contact us beforehand.

Port Speed and Bandwidth

On our website, port speed means the speed of the network interface that has been given to your server. This is usually 1 Gbps, 10 Gbps or 40 Gbps. Bandwidth means the amount of data transfer you are allowed to transfer on the network, both going out of your server, and coming in to your server. This means both incoming and outgoing traffic is counted. Unmetered means that we will not monitor your bandwidth usage and you can use your port fully, all the time, without any limitations. If there is a bandwidth limit, it means that you are not allowed to use more bandwidth than the limit in one month. Your server will be rate-limited to 5 Mbps if you reach your bandwidth limit. Additional bandwidth can be added for €4 per TB by contacting our support. Bandwidth limit is reset on the 1st of every month, regardless of your service due date.

Security Interest

Customer grants eVPS a blanket security interest in the customer’s contract with their customers who are renting servers from eVPS in one of eVPS’s used facilities and any equipment which they have colocated in one of eVPS’s used facilities on behalf of eVPS in the event of non-payment by customer – customer agrees that eVPS may take these customer contracts direct and or sell the equipment without a tortious interference claim or unlawful conversion claim to protect the credit balance owed to eVPS by the customer and full ownership of the contracts shall transfer as well if balance is more than 60 days old.

Term

The term of this Agreement shall begin upon the date the server is installed and made available to customer and shall be for 1 month (or any other billing period selected by the customer) and shall renew for the same successive terms until terminated by either Party upon the sooner of (i) thirty (30) days prior written notice to the other Party, or (ii) the expiration or termination of all Service(s) set forth in the Statement of Work and all Work Order(s).

Termination Due to Breach

In the event that Customer commits a material breach of any of its obligations hereunder, eVPS may terminate this Agreement or (at eVPS’s sole option) suspend, interrupt or terminate one or more Service(s) without any notice provided to the customer. In case of such a breach, the account, including any and all services may be removed including the data on these services.

Effects of Termination

Unless the Parties agree otherwise in writing, termination of the Agreement shall also serve to terminate all Service(s) and Statements of Work and to cancel all Work Orders, and Customer shall pay eVPS all Fees and Expenses earned or incurred by eVPS pursuant to such Service(s), Statements of Work and Work Orders through the date of termination, less any payments made hereunder by Customer prior to said termination. In the event one or more Service(s) is terminated prior to the expiration of the Term for such Service(s) (other than due to a material breach of this Agreement by eVPS.

Warranties of eVPS

eVPS warrants that the Service(s) shall be provided in a workmanlike and professional manner. Upon eVPS breach of the foregoing warranty, Customer’s sole and exclusive remedy shall be to require eVPS to exercise commercially reasonable efforts to repair or replace the nonconforming Service(s); provided, however, that, with respect to any Service(s) which are interrupted or rendered inoperable due solely to eVPS breach of the foregoing warranty for any time period, Customer shall also be entitled to a pro-rata refund of any Fees attributable to the interrupted or inoperable Service(s) in an amount determined by multiplying the fixed monthly, recurring Fees (if any) for the interrupted or inoperable Service(s) by the ratio that the number of consecutive hours of inoperability bears to 720 hours (for the purpose of this computation, each month is deemed to have 720 hours). eVPS will not be liable to any extent whatsoever for interruption, restriction, inoperability or malfunction of any Service(s) which is not caused solely by a breach of the warranty set forth in this Section. eVPS expressly reserves the right to suspend, interfere with, impair or terminate Service(s) as necessary for purposes of maintenance, upgrades or repair (either by eVPS or by any supplier, partner or independent contractor of eVPS) or in the event of any circumstance which eVPS, in its sole discretion, deems necessary or desirable to prevent or remedy an impairment of, or harm to, the integrity or functionality of any Service(s) or any plant, services or facilities of any Indemnitees or of any third party, and neither the exercise nor the non-exercise of the foregoing rights or discretion shall constitute a breach of any provision of this Agreement.

Warranties of Customer

Customer hereby covenants, represents and warrants that:

• Customer will not, and will not permit others to, use any Service(s) (i) for any unlawful or illegal purpose or in connection with or in furtherance of any unlawful or illegal activity, (ii) in violation of any applicable law or regulation, (iii) in a manner that will, or is likely to, infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the right of privacy, publicity or other personal rights of others, or (iv) in connection with any conduct or activity that is, in the sole opinion of eVPS, defamatory, indecent, obscene, offensive, threatening, abusive, hateful, tortious or violative of the rights of any other person or entity;
• Customer will not, and will not permit others to, do any act which may interfere with or compromise the security or functionality of any Service(s), including without limitation attempting to probe or test the vulnerability of any system or network connected to or accessible by the Service(s);
• No equipment owned, leased, maintained by or controlled by Customer or by any third party which is connected to or utilized the Service(s) with the consent of Customer will (i) interfere with or impair any Service(s) or any plant, services or facilities of any Indemnitees or of any third party, (ii) unlawfully interfere with or impair the transmission of privacy of any data or communications transmitted over the Service(s) or over any plant, services or facilities of any Indemnitees or of any third party, or (iii) create, cause or contribute to the creation or causing of a hazard to any Indemnitees or to any third party;

Indemnification

eVPS reserves the right to suspend, interrupt or terminate any Service(s) or this Agreement immediately without further notice in the event of a breach. eVPS reserves the right to remove, delete, disable or block transmission of any data or materials which eVPS reasonably believes constitute, either alone or in conjunction with other acts, omissions or data or materials, a breach or potential breach by Customer. Customer agrees to defend, indemnify and hold harmless eVPS, its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors, suppliers and customers (excluding Customer) (collectively “Indemnitees”) against any and all claims, liability, loss, damage, or harm (including without limitation reasonable legal and accounting fees) suffered by such Indemnitees (including without limitation claims, liability, loss, damage, or harm in connection with death, bodily injury or injury to real or personal property) arising from or in connection with (i) Customer’s purchase or use of any Service(s), including without limitation any claims, liability, loss, damage, harm suffered by such Indemnitees arising from or in connection with the use by any third party of any Service(s) purchased by Customer regardless of whether such use was authorized by Customer, or (ii) Customer’s breach of any provision of this Agreement.

Limitation of Liability

Any other provision of this Agreement to the contrary notwithstanding, the aggregate liability of all Indemnitees for any losses or damage, whether direct or indirect, arising out of or in connection with the Service(s), including without limitation any cause of action sounding in contract, tort or strict liability, shall be limited to actual, direct damages incurred but in no event shall exceed the greater of (i) Five hundred pounds, or (ii) the Fees paid by Customer to eVPS during the two (2) months preceding the month in which liability arose for the Service(s) in connection with which such liability arose. eVPS shall not be liable for lost profits or other consequential damages, cover damages, or for any claims against Customer by any third party, even if eVPS was advised of the possibility of same. Under no circumstances shall eVPS be liable hereunder for special damages, consequential damages, general damages, incidental damages, indirect damages, or exemplary or punitive damages. No action arising out of this Agreement, regardless of form, may be brought by Customer against eVPS more than one (1) year after the cause of action arose. Without limiting the foregoing:

Customer acknowledges that eVPS is not responsible for controlling or monitoring any content, information, data or other materials stored on, transmitted via, or accessible through use of, the Service(s), and eVPS will have no liability to Customer whatsoever in connection with such content, information, data or other materials (including without limitation the accuracy or suitability thereof or unauthorized access or damage to, alteration, theft, corruption destruction or loss of, Customer’s data or other materials); eVPS will have no liability to Customer whatsoever in connection with any harm or loss arising from or in connection with unauthorized access to the Service(s); and all Indemnitees are expressly made third party beneficiaries of this Section 5.

This Section 5 shall survive expiration or termination of this Agreement for any reason whatsoever

eVPS and Customer acknowledge that proprietary and confidential information (including without limitation trade secrets) (collectively “Proprietary Information”) of each Party may be disclosed to the other Party throughout the term of this Agreement. Each Party agrees to not reverse engineer, decompile, disclose to any third party, or to use for any purpose not strictly required for such Party’s performance hereunder, such Proprietary Information except to the extent that such Proprietary Information was: (i) made publicly available by the owner of the Proprietary Information or lawfully disclosed by a non-party to this Agreement; (ii) lawfully obtained from any source other than the owner of the Proprietary Information; (iii) independently developed by personnel of the receiving Party to whom Proprietary Information had not been previously disclosed and not based on or derived from such Proprietary Information; or (iv) previously known to the receiving Party without an obligation to keep it confidential. Customer will not contract directly with any subcontractor relationships that eVPS has under this agreement or are connected to future services related to this agreement or that are of the same nature. Anything to the contrary herein notwithstanding, eVPS may disclose such information to its successors or assigns, subsidiaries, officers, directors, employees, agents, independent contractors, licensees, licensors and suppliers which have signed and are bound by a suitable non-disclosure agreement with eVPS in order for eVPS to perform the service in this contract.

Force Majeure

If either Party shall be prevented from performing any portion of this Agreement (except the payment of money) by causes beyond its control, including labor disputes, civil commotion, war, governmental regulations or controls, casualty, inability to obtain materials or Service(s) or acts of God, such Party shall be excused from performance for the period of the delay and the time for such Party’s performance shall be extended for a period of time equal to the duration of such delay.

Jurisdiction

This Agreement and any claim, action, suit, proceeding or dispute arising out of or in connection with this Agreement shall in all respects be governed by, and interpreted in accordance with, the substantive laws of Ukraine. Venue for any actions arising under this Agreement shall vest exclusively in courts located in Ukraine, to be decided at our discretion. Customer hereby submits to the jurisdiction of the aforementioned courts, and agrees that it will not assert lack of personal jurisdiction as a defense to any such action. Customer acknowledges that their attorney has reviewed and participated in the construction of this document and nothing herein shall be viewed as to have favorable construction.

Waiver

No waiver of any right or remedy shall be valid unless in writing and delivered to the other Party, and waiver of a right or remedy on one occasion by a Party shall not be deemed a waiver of such right or remedy on any other occasion.

Integration

This Agreement, including all referenced or attached exhibits, schedules, attachments or documents, sets forth the entire agreement and understanding between the Parties pertaining to their subject matter and supersedes all prior or contemporaneous discussions, agreements, promises or understandings between the Parties. Neither Party shall be bound by any conditions, definitions, warranties, understandings or representations with respect to such subject matter other than as expressly provided in this Agreement.

Superior Agreement

This Agreement shall not be supplemented or modified by any course of dealing or trade usage. Addition to or variance from the terms and conditions of the Agreement by Customer, including without limitation any additional or varying terms contained in Customer’s preprinted forms, correspondence or other documents transmitted to eVPS, shall be of no effect, unless otherwise expressly provided in the Agreement.

Assignment

This Agreement is not assignable by Customer, in whole or in part, voluntarily or involuntarily, including by operation of law or by merger in which Customer does not survive, without eVPS prior written consent. Any attempted assignment without eVPS’s written consent shall be null and void.

Notice

Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be delivered in writing, addressed and sent to the address provided herein and to the attention of the Party executing the Agreement or the person’s successor, by either (i) registered mail, (ii) certified mail, return receipt requested, or (iii) overnight mail, or (iv) by telephone facsimile transfer (v) email that is replied to as accepted – appropriately directed to the attention of the Party executing the Agreement or that person’s successor. Unless otherwise agreed to by the Parties, all notices required under the Agreement shall be deemed effective when received and acknowledged by signature of receipt.

Severability

If any provision of the Agreement is held invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.

Conclusion

If you are terminated due to a violation of our terms of service you agree that you will not receive any partial refunds and that this shall be considered a reasonable estimate of the liquidated damage and not a penalty.