Effective as of May 25, 2018, the following Customer Terms of Service Agreement replace any previously applicable agreements.
If you have any questions regarding this Terms of Service, contact email@example.com.
The parties referred to in this Agreement are defined as follows:
- VPS.BG Ltd. ("VPS.BG", "we", "us" or "our") is the operator of www.vps.bg (the "Website") whereby VPS.BG makes certain hosting services available. VPS.BG Ltd. is a registered legal entity in Republic of Bulgaria.
- You, the Client - As Our Client and the user of the Website and VPS.BG Services, this Agreement will refer to You through any second-person pronouns, such as "Your," "Yours," etc. and the "Customer", "user", "sub-user" etc.
Our Acceptable Usage Policy forms part of these Terms of Service and is located at https://www.vps.bg/fair-usage
Please be sure you are familiar with it as violations will result in Service suspension.
VPS.BG reserves the right to modify the Terms of Service without notice.
If you are aware of or believe that a violation of this Agreement has occurred, please report the violation to us at firstname.lastname@example.org.
Information under the Electronic Commerce Act and the Consumer Protection Act: 1) name of the Provider: VPS.BG Ltd; 2) Seat and registered address: Bulgaria, Sofia, Mur 21A str., fl. 3; email: email@example.com, tel.: +359876331090; 5) Entry in public registers: UIC/UIN: 203144520, Data Controller Certificate: 413076; Supervisory bodies: (1) Commission for Personal Data Protection: Address: Sofia, Ivan Evstatiev Geshov Str. № 15, tel.: (02) 940 20 46, fax: (02) 940 36 40Q email: firstname.lastname@example.org, email@example.com, website: www.cpdp.bg, (2) Commission for Consumer Protection, Address: Sofia 1000, Slaveykov Sq. №4А, Floors 3, 4 and 6, tel.: (02) 980 25 24, fax: (02) 988 42 18, hot line: 0700 111 22, website: www.kzp.bg, VAT registration: BG 203144520;
1. Use of Services
You may use our Services, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Bulgaria. In order to access or use any of the Services, you are required to provide current and accurate identification, contact, and other details as part of the registration process. You are responsible for maintaining the confidentiality and accuracy of your account information, and you are responsible for all activities that occur under your account. You are solely responsible for all content within your account. You agree to immediately notify VPS.BG of any unauthorized use of your account or any other breach of security. VPS.BG will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your account secure.
2. Acceptable Conduct
You are responsible for the actions of all users of your account and any data that is created, stored, displayed by, or transmitted by your account while using the Services. You will not engage in any activity that interferes with or disrupts VPS.BG Services or networks connected to VPS.BG.
3. Prohibited Usage
You agree that any of the below activities are considered prohibited usage and will result in immediate account suspension or cancellation without a refund VPS.BG reserves all rights to suspend immediately or preventive all services which are in violation of any laws or agreements made between VPS.BG and the Customer.
a) Any intentional misuse of network and system resources, including but not limited to employing programs or application that consume excessive network capacity, CPU cycles, or disk IO.
b) Spam and Unsolicited Bulk Email (UBE): VPS.BG has a zero tolerance policy on spam, Junk E-mail or UBE. Spam, Junk-mail and UBE are defined as: the sending of the same, or substantially similar, unsolicited electronic mail messages, whether commercial or not, to more than one recipient. A message is considered unsolicited if it is posted in violation of a newsgroup charter or if it is sent to a recipient who has not requested the message. UBE also includes e-mail with forged headers, compromised mail server relays, and false contact information. This prohibition extends to the sending of unsolicited mass mailings from another service, which in any way implicates the use of VPS.BG Services whether or not the message actually originated from our network.
Mailing Lists: VPS.BG's mass mailing rules also apply to mailing lists, list servs, or mailing services you may contract with. The policy is stated as follows: An acceptable mailing list will be focused at a targeted audience that has voluntarily signed up for your e-mail information or that has made their e-mail address available for distribution of information from you. The list must also allow for automatic removal of recipients with non-distribution in the future.
c) Access to Other Computers or Networks without Authorization: Attempting unauthorized and/or illegal access of computers, networks and/or accounts not belonging to party seeking access. Any act which interferes with the services of another user or network. Any act relating to the circumvention of security measures.
d) VPS.BG and the Services it provides may only be used for lawful purposes. Transmission, distribution, or storage of any information on the disk or RAM memory, data or material in violation of Bulgarian law, or by the common law, is prohibited. This includes, but is not limited to, material protected by copyright, trademark, trade secret, or other intellectual property rights. VPS.BG's services may not be used to facilitate infringement of these laws in any way.
e) Other Activities viewed as Illegal or Harmful: Engaging in illegal activities or engaging in activities harmful to the operations of VPS.BG or VPS.BG's customers.
f) You shall not use any method to circumvent the provisions of these Terms of Service, or to obtain Services in excess of those for which they contract with VPS.BG. Customers shall not use any mechanism to exceed the amount of resources assigned to them through the Services, or to conceal such activities.
g) VPS.BG allows the use of distributed, peer to peer network services such as Tor, VPS.BG does not routinely monitor the network communications of customer VPS.BG as a normal business practice. However, customers are responsible for the contents of network traffic exiting their Service. Any usage that prompts the receipt of abuse complaints pertaining to violation of Bulgarian copyright law must be promptly discontinued to avoid service cancellation for violation of these terms.
4. Force Majeure
VPS.BG shall not be responsible for any failure to perform due to unforeseen circumstances or to causes beyond its reasonable control (any Force majeure events or accidents.), including but not limited to: war, riot, embargoes, acts of civil or military authority, or terrorism; fire, flood, earthquakes, hurricanes, tropical storms or other natural disasters; fiber cuts; strikes, or shortages in transportation, facilities, fuel, energy, labor or materials; failure of the telecommunications or information services infrastructure; hacking, SPAM, or any failure of a computer, server or software for so long as such event continues to delay VPS.BG's performance.
5. Payments and Billing
Payment for Services is due in advance of the time period for which such payment covers. Services are billed on after the Customer submits an order for a new Service or a renewal order of an existing Service.
VPS.BG accepts Bitcoin, Litecoin and PayPal payments. Other forms of payment such as Bank Wire Transfer may be arranged by contacting firstname.lastname@example.org.
You agree to pay any and all taxes, including personal property, value added, or sales taxes, resulting from Your use of the Services. VPS.BG is not responsible for any and all other fees your financial institution may impose due to Your use of the Services.
If VPS.BG should receive less than full payment of the Fees due to taxes, bank charges, transfer fees, exchange rates, cryptocurrency processors charges, miners fee, or the like, VPS.BG may invoice You for the difference between payment received and the Fees due.
In case of a late payment, the Service is suspended three days after the payment due date. During the time of the suspension the Service is still being charged, because the system resources are still allocated to the Service although it is stopped.
In case of a registration with false personal data or discrepancy between the registered person and the person which paid the service may result in a refuse of service and full refund, except money transfer fees if any.
We will never increase prices during a specific term or time period that you have prepaid. We reserve the right to change prices listed on the Website at any time, without notice, and the right to modify the amount of resources given to plans at any time.
In case the Customer would like to cancel the Services, VPS.BG will issue a full refund if the cancellation request is made within 14 days of the first time Service activation.
If the service is disrupted by VPS.BG's fault at any time, the Customer may receive a pro-rated refund or credit for the period of the discruption.
For other cases the decision for a full or partial refund is under our sole discretion.
If you issue a dispute for a payment with the Payment Processor, we may terminate all Services and issue no refund. Please open a ticket first to avoid such issues.
All refunds are transferred within 30 calendar days of the request using the same payment method as the payment was received.
7. BACK UPS & DATA LOSS
You agree that Your use of VPS.BG's Services is at Your own risk, and that VPS.BG is not liable for any data loss in connection with its Services. You are solely responsible for creating backups of Your Content. If, during Our own routine maintenance, We do create a backup of Your Content which You later request Us to restore to Your account, We cannot guarantee that we will be able to do so, or that Your Content will be unharmed as a result of the initial data loss or the subsequent restore procedure. To that end, We highly recommend that You establish Your own routine backup procedure and that You periodically test restoring files from Your backup media to ensure that You are making viable backups.
Should you wish for VPS.BG to provide you with routine backup service, in addition to the Services provided under this Agreement please contact Us. We offer many different backup solutions as an add-on service to Our regular Services, and all such services are provided through a separate, written agreement.
For the Shared hosting Service, we have configured an automated backup system that is available to the Customer according to their hosting plan. This backup service is free and the above terms are in effect.
8. Uptime Guarantee
With the exclusion of the time when we perform scheduled maintenance, VPS.BG provides a 99.9% uptime guarantee on all VPS.BG hardware, and on network connectivity. In any given month, if your Service is down for more than 0.1% of the time (excluding scheduled maintenance), you may request a pro-rated credit for the down-time.
VPS.BG will perform a scheduled maintenance to ensure the high quality of the Services.
All scheduled maintenance events cannot occur more than once a month and each event cannot result in more than 2 hours of downtime. For all maintenance events, VPS.BG will inform You by email at least 7 days in advance.
VPS.BG support is handled by email (email@example.com) and through tickets submitted in our Website. We generally process tickets in the order in which they are received. Multiple replies to tickets will not ensure that you receive a faster response. We only offer support in English and Bulgarian languages and require that it be used to communicate with our staff.
The Services are unmanaged. The Services are designed for advanced Linux administrators and experienced webmasters. In order to successfully use and manage the Services, the Customer should be familiar with GNU/Linux operating systems, tools, and applications as well as proper security mesures that are needed to maintain good security of the system. For the Shared hosting Service we do not provide root administrative access to the system, rather only a jailed ssh access, and we are managing and administrating the operating system and server applications, we provide a control panel for Your convenience (cPanel) and for easy management of applications.
We are not responsible for any disruptions or issues caused by managing the Services by the Customer, unless the issue is related to hardware, infrastructure, network or virtualization issues that are managed by Us. We may occasionally assist the Customer upon request and help managing the Services for free or for an additional mutually agreed fee.
We provide 24/7/365 support for critical issues related to infrastructure, hardware server or network problems.
For other non-critical issues we are available between the hours of 10AM and 7PM EET (Eastern European Time - local Bulgarian timezone) during work days (Monday - Friday, except Bulgarian national holidays).
You may contact us for support regarding issues of the following:
- Network access;
- Server hardware;
- Virtualizor VPS/VDS control panel;
- OS templates and ISOs.
- cPanel control panel.
You can also contact us regarding billing and sales questions, for example:
- Sales related: quotations, offers, inquiries regarding additional services or add-ons;
- Requests for custom configurations and hosting services, etc;
- Consult regarding a custom infrastructure and business solutions;
- Services Billing, Payments, Refunds and Cancellations as well as any other Account related issues or questions.
This list may not be exhaustive, but it represents the general idea of our unmanaged hosting we provide. We may provide managed services upon request, please ask for quotation.
Anything that we do not manage, install and configure for the client is the client’s responsibility and is not covered by our support.
We do not tolerate profanity or abusive language in any form of contact with us including, but not limited to, emails, our ticket system, community forums and communications. Such activities may result in a warning and suspension of the Services.
10. Account Cancellation or Suspension
VPS.BG reserves the right to suspend network access to any customer if, in the judgment of the VPS.BG’s network administrators, the customer's server is the source or target of a violation of any of the other terms of service or for any other reason which VPS.BG chooses. VPS.BG will use reasonable care in notifying the Customer and in resolving the problem in a method resulting in the least amount of service interference. VPS.BG reserves the right to terminate Services without notice for continued and repeated violations of the Agreement. If inappropriate activity is detected, all Services of the Customer in question will be deactivated until an investigation is complete. Prior notification to the Customer is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The customer will not be refunded for the time the Services were suspended.
If at any time it becomes necessary for VPS.BG to cancel a customer's service without a cause, VPS.BG will provide 30 days advance notice and refund any payments related to remaining periods of time or terms that are prepaid.
You may cancel the Services and close your account at any time by using the "Close Account" link located on the client area. Accounts are canceled immediately after confirmation. All profile data including personal data and Services will be deleted permanently. A refund may not be issued for the remaining period of payments.
11. Limitation of Liability
The Customer acknowledges that the Services provided is of such a nature that service can be interrupted for many reasons other than the negligence of VPS.BG and that damages resulting from any interruption of service are difficult to ascertain. Therefore, the Customer agrees that VPS.BG shall not be liable for any damages arising from such causes beyond the direct and exclusive control of VPS.BG. The Customer further acknowledges that VPS.BG's liability for its own negligence may not in any event exceed an amount equivalent to charges payable by Customer for services during the period damages occurred. In no event shall VPS.BG be liable for any special or consequential damages, loss or injury. VPS.BG is not responsible for any damages your business may suffer. VPS.BG does not make implied or written warranties for any of our Services. VPS.BG denies any warranty or merchantability for a specific purpose. This includes loss of data resulting from delays, non-deliveries, wrong delivery, and any and all service interruptions caused by VPS.BG.
Warranty Disclaimer: You agree that your use of VPS.BG Services and Website shall be at your sole risk. All services provided by VPS.BG are available as is, without warranty.
12. Disclosure to Law Enforcement
The Agreement specifically prohibits the use of our Services for illegal activities. Therefore, the Customer agrees that VPS.BG may disclose any and all Customer information including assigned IP numbers, account history, account use, etc. to a Bulgarian court who sends Us a valid Court Order, without further consent or notification to the Customer. In addition, VPS.BG shall have the right to terminate all service set forth in this Agreement.
YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS US, OUR AFFILIATES, PARENTS, SUBSIDIARIES, ANY RELATED COMPANIES, LICENSORS AND PARTNERS, AND EACH OF OUR AND THEIR RESPECTIVE EMPLOYEES, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, DIRECTORS, SUPPLIERS AND REPRESENTATIVES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, THAT ARISE FROM OR RELATE TO YOUR (OR ANY THIRD PARTY USING YOUR ACCOUNT OR IDENTITY IN THE SERVICES) USE OR MISUSE OF, OR ACCESS TO, THE SERVICES, CONTENT, OR OTHERWISE FROM YOUR USER CONTENT, VIOLATION OF THESE TERMS OF SERVICE OR OF ANY LAW, OR INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.
All notices permitted or required under this Agreement may be sent by e-mail, express mail, mail, or registered mail to the e-mail address, or address most recently provided by You and will be effective upon transmission. Evidence of successful transmission shall be retained. Each of the parties may communicate with the other by electronic means as described in this Agreement.
Part of this agreement are also:
Data Processing Agreement (“DPA”) under the GDPR located at https://www.vps.bg/dpa
Fair Usage Policy located at https://www.vps.bg/fair-usage
The agreement and the relationship between you and VPS.BG shall be governed by the laws of Republic of Bulgaria without regard to its conflict of law provisions. You and VPS.BG agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Sofia (Sofia-Grad), Bulgaria.
These terms and all information published in the Website are subject to change at any time and without a notification or prior notice.
You may contact us at the following address:
Mur 21A str., fl. 3
Sofia 1680, Bulgaria
Effective Date: May 25th, 2018.