This terms of service is provided for you (the customer) in connection with FX VPS which is owned by Korabay LLC (a Wyoming, USA Corporation) and Trader Tools OÜ(Estonian entity).
Services may be renewed at any time, at the discretion of the customer, by accessing the Customer Portal’s “My Invoices” section. Invoices for services will be generated and delivered to customers via email approximately 14 days before renewal payments are due, and may be paid at any time convenient for the customer. Payment of automatically-generated invoices for future services will automatically extend the related services. Customer must inform us ahead of renewal date if they wish to not continue with their services in order to avoid their renewal charge. Renewals are not refundable.
FXVPS may provide trial (demo) systems to new customers. These systems are governed by all if the terms and conditions described in this ToS. Availability of trial systems is not guaranteed, and access to trial systems may be restricted at any time.
If you are not satisfied within your first week of signing up we would be happy to provide you with a full refund – that applies to fully paid VPS products. Dedicated Servers, trials and discounted products are nonrefundable. No pro-rated refunds are offered. There are no refunds on renewals.
You can cancel your services anytime during your term either by creating a Cancellation Request in your back office or emailing us at [email protected] and requesting your services be Cancelled.
You agree to use all FXVPS services and facilities at your own risk. FXVPS specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall FXVPS be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages. Customer agrees that it shall defend, indemnify, save and hold FXVPS harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against FXVPS, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, it’s agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless FXVPS against liabilities arising out of Any injury to person or property caused by any products sold or otherwise distributed in connection with FXVPS’s server.
FXVPS reserves the right to intervene with any of the sites hosted on its servers in the interest of its customers. Any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party Copyright infringement any defective products sold to customer from FXVPS’s server. FXVPS shall be the sole judge of what violates this Policy.
We accept PayPal, Stripe (Debit/Credit Card) and bitcoin payments. At this time we bill monthly.
There are no contract periods but for each successive period, your contract is automatically renewed unless cancelled (cancellation can be done at any time during valid billing period).
All accounts/servers are billed according to the dates they were first activated on. If you will not pay for service renew in a day after deactivation, your server will be suspended. If you will not pay for service renew in 1 day after deactivation, your server will be terminated.
All services provided by FXVPS may be used for lawful purposes only. Transmission, storage, or presentation of any information, data or material in violation of any United States law is prohibited. This includes, but is not limited to: copyrighted material, material we judge to be threatening or obscene, or material protected by trade secret and other statute. The subscriber agrees to indemnify and hold harmless FXVPS and its employees from any claims resulting from the use of the service which damages the subscriber or any other party. Our acceptable use policy is actively and strictly enforced. Offending content or users are suspended from our network, usually as soon as they are discovered, although we will always inform you when and why any action has been taken. Pornography is prohibited on all FXVPS servers. This includes sites that include sexually explicit or hardcore images and/or advertising.
Subscriber acknowledges that the service provided is of such a nature that service can be interrupted for many reasons other than the negligence of the company and that damages resulting from any interruption of service are difficult to ascertain. Therefore, subscriber agrees that the company shall not be liable for any damages arising from such causes beyond the direct and exclusive control of the company.
Subscriber further acknowledges that the company’s liability for its own negligence may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall the company be liable for any special or consequential damages, loss or injury.
Illegality In any form, including but not limited to the unauthorized distribution or copying of copyrighted software or other data, harassment, fraud, trafficking in obscene material. Undesirable Content Certain types of content are not allowed on our network. We do not host adult content of any description. Content relating to Hacking, Cracking, Warez and IRC is not allowed. Software, audio and video downloads may only be hosted if you are the writer and copyright owner of the resources or you have a right to distribute the materials. Accounts suspended due to content or AUP violation are not refunded under any circumstances.
The following scripts are banned from use on our servers and may not be uploaded or run. Reasons for banning them include adverse effects on server load, invitations to hackers/spammers/criminal activity, etc.
FXVPS shall not be responsible for any claimed damages, including incidental and consequential damages, which may arise from FXVPS servers going off-line or being unavailable for any reason whatsoever. Furthermore, FXVPS shall not be responsible for any claimed damages, including incidental or consequential damages, resulting from the corruption or deletion of any web site from one of FXVPS servers. All damages shall be limited to the immediate termination of service.
FXVPS cannot be held liable for system downtime, crashes, or data loss. We cannot be held liable for any predicted estimate of profits in which a client would have gained if their site was functioning. Certain services provided by FXVPS are resold. Thus, certain equipment, routing, software, and programming used by FXVPS are not directly owned or written by FXVPS. Moreover, FXVPS holds no responsibility for the use of our clients accounts. If any terms or conditions are failed to be followed, the account in question will be automatically deactivated. We reserve the right to remove any account without advanced notice for any reason without restitution as FXVPS sees fit. FURTHERMORE, FXVPS retains the right to change any or all of the above Policies, Guidelines, and Disclaimer without notification.
We guarantee that our network, data centre, and power will be functioning 99.9% of the time on any given month, with the following exceptions:
If we fail to meet the guarantee stated above you can claim for a credit of the following value:
|Uptime Guarantee||SLA Credit|
|Less than 99.0%||100%|
In the unlikely event of unfixable server hardware failure, we guarantee that hardware will be replaced within 24 hours of the problem’s diagnosis.
Hardware is defined as the processor(s), RAM, hard disk(s), motherboard, NIC card and other related hardware included with the server. This guarantee excludes the time required to rebuild a RAID array and the reload of certain operating systems, processors and applications. It does not include any bespoke server hosting solutions.
Our parts and labour warranty covers all parts and labour costs involved in the event of a related parts failure. We replace all failed component at no cost to the customer.