Terms of Use

January 2025

These Terms of Service ("Terms") govern the use of services provided by Xurver Hosting ("we", "us", "our"), including web hosting, VPS hosting, dedicated servers, Discord bots, game servers, and custom services (collectively referred to as "services"). By purchasing or using our services, you agree to these Terms.

1. General Provisions

• By using our services, you affirm that you are at least 18 years old or have parental/guardian consent and have the legal authority to enter into this agreement.
• We reserve the right to modify these Terms at any time. Changes will be notified at least 14 days in advance via email or our website. Continued use of our services after changes take effect implies acceptance of the updated Terms.
• The relationship between Xurver Hosting and the customer is governed by Dutch law. In the event of disputes, the Dutch courts will have jurisdiction.

2. Account and Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
• You agree to provide accurate and up-to-date contact information and to notify us promptly of any changes.
• Any unauthorized access or suspicious activity on your account must be reported immediately to our support team.

3. Use of Services

• Our services may only be used for lawful purposes. You agree not to:
  • Host, transmit, or distribute illegal content, malware, or harmful software;
  • Engage in activities that compromise the security or performance of our infrastructure, such as DDoS attacks, hacking, or phishing;
  • Send spam or engage in unsolicited communications;
  • Infringe upon the intellectual property rights of others.
• Cryptocurrency mining and any processes that result in continuous, excessive resource usage are strictly prohibited.
• We reserve the right to suspend or terminate services without prior notice if your use poses an immediate threat to the stability of our infrastructure or violates applicable laws.

4. Payment Terms

• All services are billed in advance according to the selected billing cycle (monthly, quarterly, annually, etc.)
• Payment must be made before the due date. If payment is not received within 7 days after the due date, your services may be suspended.
• All prices listed are inclusive or exclusive of VAT, depending on your billing address. You are responsible for any applicable taxes.
• We reserve the right to adjust prices with 30 days' notice. Continued use of the service after the new rates become effective indicates acceptance of the price changes.

5. Refund Policy

• By placing an order, the customer agrees that refund requests will only be considered if they fall within this refund policy.
• We offer a 14-day money-back guarantee for new customers on eligible services. Refund requests must be submitted via a support ticket with all necessary details.
• Refunds are only considered in cases where service issues are caused by Xurver Hosting, such as service downtime due to technical failures exceeding 72 hours. Downtime resulting from customer errors, such as misconfiguration, does not qualify for refunds.
• If the customer requests a refund due to dissatisfaction without attempting to resolve issues via our support team, the request may be denied. Refund requests citing lack of technical knowledge will not be accepted.
• The customer may not bypass our process by requesting refunds directly through payment providers such as PayPal or credit card disputes. Any such claims may lead to immediate termination of services.
• In some countries, customers have a legal right of withdrawal (right of withdrawal) for digital services. By placing an order with Xurver Hosting, the customer waives this right where legally allowed.

6. Resource Usage and Limitations

• Our Fair Use Policy applies to all services to ensure fair and optimal performance for all customers.
• If your usage exceeds reasonable limits or negatively impacts other users, we may ask you to adjust your usage or upgrade to a higher plan.

7. Service Availability and Uptime

• We strive to provide high availability and optimal performance. However, we cannot guarantee 100% uptime due to maintenance, emergencies, or events beyond our control.
• Scheduled maintenance will be announced at least 24 hours in advance unless urgent circumstances require immediate action.

8. Termination and Suspension

• You may terminate your services at any time via your account portal. Services will remain active until the end of the current billing period.
• We may suspend or terminate your services immediately if you:
  • Violate these Terms or our Fair Use Policy;
  • Fail to make timely payments;
  • Pose a security or operational risk to our infrastructure.
• Upon termination, your data may be deleted. We recommend creating regular backups to prevent data loss.

9. Liability and Warranties

• We are not liable for any indirect, incidental, or consequential damages, including loss of data, revenue, or business opportunities.
• Our services are provided "as is" without any warranties of any kind, express or implied. We disclaim all warranties of merchantability and fitness for a particular purpose.
• You agree to indemnify and hold us harmless from any claims or damages arising from your use of the services.

10. Privacy and Data Protection

• We process your personal data in accordance with our Privacy Policy and applicable data protection laws.
• We implement appropriate technical and organizational measures to protect your data. However, you are responsible for securing your account and data.

11. Force Majeure

• We are not responsible for delays or failures in performance caused by circumstances beyond our reasonable control, including but not limited to natural disasters, power outages, or third-party interruptions.