Terms of Service

Introduction

The following terms and conditions of service regulates and define the relationship between ServerScale hereby referred to as the “Provider” and or “Company” and Clients, customers and or users such as guests. By using our services, you automatically agree to all conditions mentioned within the following agreement, ensure you read and understand this carefully.

Since our services are so diverse, additional terms will be mentioned by various “checkpoints” throughout the Platforms You as the user, must abide by these terms and services, be sure to keep them in mind when Accessing this service, we acknowledge, you understand and agree to the following terms and conditions as stated within this agreement. along with the terms and conditions stated in our Privacy Policy.

ServerScale will ensure any and written information will be easy to understand in the event any doubt and or questions arise contact support immediately. ServerScale values all our clients, and as such your security safety and accountability is exceptionally important to us. All services provided and supported to clients must be lawful, as such clients, customers and or one-time users such as guests will have access to multiple forms of information, communication with the company and or posted material known as “Content” and or enough information to provide adequate sales and optimization for all needs of said clients.

We take security serious. When registering an account, you automatically agree to this here terms of service and the privacy policy to gain access. You as the user agree to the following.

You:
1. Will not share your account credentials with anyone.
2. Will take responsibility for the actions of your account.
3. Will be responsible for the security of your account.
4. Will not exploit any flaws in hardware or software of ServerScale, for any reason.
5. Will not attempt to circumvent any security features, for any reason.
6. Will report exploits and security flaws to us in a private ticket, upon discovering them.
7. Will not perform any attack on any network, host or server, including but not limited to (Distributed) Denial of Service Attacks.
8. Will not engage in activities that interrupt or interfere with ServerScale Services.
9. Will not engage in illegal activities.

Eligibility of Use

ServerScale cannot by law allow the following users and viewers to use the platform in the following cases:

a) You are not able to form legally binding contracts;
b) You are under the age of 13; without parental/legal guardian consent
c) a person barred from receiving and rendering services under the laws of the United Kingdom or another applicable jurisdiction;
d) are suspended from using the Website or any of the Services; or
e) do not hold any valid form of communication between you and the website.
f) Your details are flagged by our Anti-Fraud system as carrying a high risk.

We may, at our absolute discretion, refuse to register any person or entity as a User. You cannot transfer or assign any rights or obligations you have under this agreement without prior written consent.

Changes to the Terms

ServerScale reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Site following the posting of any changes to this Agreement constitutes acceptance of those changes. ServerScale may also, in the future, offer new services and/or features through the Site (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms & conditions. We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, although we will be sorry to see you go. we may also stop providing Services to you or add new limits to our services. We may modify these terms or any additional terms that apply to a Service to, for example, reflect changes to the law or changes to our Services.

You should look at the terms of service regularly to ensure that you are up to date.

Idemnification / Refusal of Service

You the consumer agrees that you will hold ServerScale free from all stipulations, liability and or losses such as expenses and claims suffered either but not limited to the negligence of the consumer and or indirect cause of ServerScale. In the event any loss is suffered you the consumer agrees to hold but not limited to the following free from liability such as; Employees, all other consumers, directors, suppliers, claimants and or anyone associated with ServerScale unless stipulated by the governing law and direct cause is proven within a Court of Law.

ServerScale holds at its pure digression the sole right to refuse, cancel and or terminate all services of consumers in the event of a violation of unlawful activities, violation of the terms and conditions of service, privacy policy or and the discretion of ServerScale Management. In such a case, your accounts are terminated and your services will not be refunded.

Consumers may also not be notified in the event of termination of accounts, as policy violations result in immediate termination.

Policy Violations do not result in full or partial refunds.

Furthermore, the consumer acknowledges and agrees that the consideration which ServerScale is charging hereunder does not include any consideration for assumption of the risk of customer’s consequential, punitive, special or incidental damages which may arise in connection with customer’s use of the software and documentation. Accordingly, the customer agrees that ServerScale shall not be responsible to the consumer for any loss-of profit, indirect, incidental, special, or consequential punitive damages arising out of the use of the service or documentation.

Refunds & Cancellations

We at ServerScale understant that sometimes a service just isn’t for you. Therefore, in the event an order is made, you the consumer is granted with a Twenty-Four-hour (24h) timeframe from the time of the order being placed to request a refund for any reason whatsoever, with no questions asked.

However, as such some limitations do however apply,
1. Addons (IPs, etc.) are non-refundable
2. Dedicated Servers are non-refundable
3. A Cancellation request has been processed or submitted on the exact product
4. A refund has been processed on the account within the last three (3) months
5. The order is an upgrade to an existing service
6. The order/invoice has been paid using a payment method supported via FastSpring or paid for using any form of cryptocurrency or gift cards.
7. If a backup restore has been processed on a service, it is no longer eligible for a refund.

You will not be offered a refund or receive a refund after twenty-four-hours (24h) when:
1. You caused downtime.
2. You purposely bought maxed out services/servers to stress test.
3. You did receive support but were not transparent regarding any issues.

In the event, of the consumer paying for a service in advance and then deciding to cancel at any point in the future, it will only be canceled at the end of the appointed billing period.

Advanced payments and or prepaid advanced packages are eligible for refunds, within 24 hours of payment.

Dedicated servers are not eligible for refunds regardless of the 24 hour timeframe.

Renewals

On all Game and VPS hosting plans we enforce the following renewal, suspension and termination policy.

You will be sent an invoice 7 days before the service is due, once invoiced a service can not be upgraded, downgraded or otherwise adjusted.

If unpaid the invoice will be marked as overdue at 11AM CEST, the day after the services due date, the service will also be suspended. You will be sent a first overdue notice.

24 hours after the invoice was marked as overdue, you will be sent a second overdue notice.

48 hours after the invoice was marked as overdue, you will be sent a third overdue notice.

72 hours after the invoice was marked as overdue your server will be terminated and your data will be removed.

For dedicated servers the following policy is enforced.

You will be sent an invoice 14 days before the service is due. If unpaid the invoice will be marked as overdue and the service will be suspended. Your server will be turned off. 72 hours after the invoice was marked overdue if the invoice is still not paid, your server will be terminated.

Depending on the case, we may be able to reinstate servers after they have been terminated if the data has not yet been wiped. Please open a ticket to enquire about this.

Terminated Virtual or Game servers may be recoverable after termination, although this will require a paid service for the backup to be restored onto and there is a €10 administration fee to be paid beforehand. Please open a ticket to enquire about this.

ServerScale Cloud

You agree to not engage in any illegal activities on any Bare-Metal, Cloud or Web Server or the ISP Network.

You take full responsibility that if your data is lost due to improper management or backup procedures we are not responsible. Processes such as OS reinstalls totally wipe the disk on your server therefore removing all previous data on the server.

Whilst we try to ensure every configuration of every server is in stock, this can not always be guaranteed therefore some models marked as "In Stock", could take longer to provision. In this case, we may offer you alternative configurations which we do have in stock, or alternatively we will attempt to build the originally ordered configuration within 7 days. If this 7 day setup period is not met by us, the customer reserves the right to request a full refund of the ordered dedicated server via a ticket, if no refund request is received we will continue to build the system until further notice from the customer. Once the system is "Active" on the billing panel, no refunds will be provided.

In the case a custom agreement is reached with the ServerScale Support Team via a ticket, this overrides any of the aforementioned refund / provisioning terms.

Abuse

Services found to be abusing, may be suspended or terminated without prior warning and refund. Services may be suspended or terminated due to the following reasons (but not limited to):

Using DDoS / DoS scripts or programs and packet flooding, hosting or distributing torrents or pirated content, attempts to gain unauthorized access to any service other than your own, sending spam or unsolicited emails, port scanning, hosting TOR endpoints, pen testing, sharing pirated content, torrenting.

In addition we do not permit heavy data processing such as AI training, machine learning or crypto currency mining. Other actions deemed unauthorized by ServerScale may be investigated and may result in a suspension. If you are unsure if something is permitted, please contact us first.

Support

We aim to provider a response within 60 minutes for all tickets, although depending on the complexity of the request or time of day, this may be longer.

Bumping the tickets will further delay a response, as we answer tickets based on their oldest reply.

Spamming our ticket system may result in you being banned from our support system and thus not being able to get support in the future. We reserve the right to not provide support due to, but not limited to, abusive comments such as swearing, or tagging. If this is a continued problem your services may be terminated without refund. If you have any technical queries or billing issues please create a ticket.

All our services are unmanaged unless specified elsewhere, due to this we are unable to provide extended support for configuration issues.

Enquiries

All enquiries, including those of a legal nature, should be directed to: legal@serverscale.net

By using our services you agree with our Terms Of Serice & Privacy Policy Agreements