Terms of Service

1. About these terms

These terms form the agreement between you and VPSPIONEER LTD ("we", "us", "VPS Pioneer") for the hosting services you order from us. By placing an order you accept these terms, our Acceptable Use Policy, our Privacy Policy and our Refund Policy. Together these documents make up the whole agreement between us.

If you are entering into this agreement on behalf of a company, you confirm you have the authority to do so.

2. Services

We provide shared web hosting, reseller hosting and managed virtual private servers. What is included in each plan is set out on our website and in the welcome email we send when your service is activated.

We may change the specification of a plan. If a change materially reduces what you receive, we will give you 30 days' notice and you may cancel without penalty.

3. Your account

You are responsible for keeping your login details secure and for everything that happens under your account. Tell us straight away if you believe your account has been accessed by someone else.

You must give us accurate contact details and keep them up to date. We send important notices, including suspension warnings, to the email address on your account.

You must be at least 18 years old to open an account.

4. Payment

Services are billed in advance. Invoices are generated 14 days before the due date and payment is due on the date shown on the invoice.

Prices are in US dollars. We are not currently VAT registered, so no VAT is charged.

If you have provided card details, we will attempt to take payment automatically from three days before the due date. If a payment fails we will retry and send you reminders.

5. Late payment, suspension and termination

If an invoice is not paid, the following applies:

• Day 7 after the due date: your service is suspended. Your websites and email stop working. Your data is retained.
• Day 30 after the due date: your service is terminated and your data is permanently deleted.

We send reminders before each of these steps. Once data is deleted after termination it cannot be recovered, including from our backups.

To reinstate a suspended service, pay the outstanding balance. Reinstatement is normally automatic.

6. Cancellation by you

You may cancel at any time from your client area. Cancellation takes effect at the end of your current billing period unless you request immediate cancellation.

Refunds, where they apply, are covered by our Refund Policy.

7. Suspension or termination by us

We may suspend or terminate your service immediately, without refund, if:

• You breach these terms or our Acceptable Use Policy
• Your use of the service threatens the stability, security or reputation of our infrastructure
• We are required to do so by law or by a competent authority
• You provided false information when opening the account
• Payment is fraudulent or subject to a chargeback

Where circumstances allow, we will contact you first and give you an opportunity to put things right. Where the issue is serious or urgent, we may act without notice.

8. Resource use and fair use

Shared hosting and reseller hosting run on shared infrastructure. Your plan includes defined limits on disk space, bandwidth, email and other resources, and your account is technically limited to those figures.

We may contact you if your usage causes a sustained impact on other customers even while within your plan limits, and ask you to move to a more suitable plan.

"Unlimited traffic" on our managed VPS plans refers to the absence of a metered data cap. It does not permit use that degrades network performance for others.

9. Reseller accounts

If you buy a reseller plan, the following additional terms apply.

Your allowance is a pool. The disk space, accounts and other resources in your plan are the total across all of your customers. How you divide that between them is your decision.

Overselling is your responsibility. Our control panel allows you to define a package larger than your total allowance. Account creation will fail once your combined usage reaches your limit. If you have promised your customers resources you cannot deliver, that is a matter between you and them.

You must not configure outgoing mail limits above our server defaults. Doing so puts the deliverability of every customer on the server at risk and is grounds for suspension.

Your terms cannot be looser than ours. You may set your own prices and terms with your customers, but they must be at least as restrictive as our Acceptable Use Policy. You are responsible to us for everything your customers do.

Suspension affects your customers. If your reseller account is suspended for non-payment or breach of these terms, the websites and email of every customer under your account will stop working at the same time. You should make your customers aware of this dependency. We have no contractual relationship with your customers and will not deal with them directly.

10. Managed VPS

Managed VPS plans include the setup, maintenance and monitoring described on our website and in your welcome email, together with two hours of administrative work per calendar month. Unused hours do not carry over.

Work beyond the included allowance is billed at $35 per hour and will always be agreed with you in advance.

Not included: development or debugging of your own application code, third-party licence costs, and data recovery outside our backup retention window.

The underlying server is provisioned by us from our upstream provider. We remain responsible to that provider for its use, which is why the Acceptable Use Policy applies to managed VPS in the same way as to shared hosting.

11. Backups

We take daily backups and retain them for 14 days. Backups are stored on separate infrastructure from the servers themselves.

Our backups are a disaster recovery measure for us, not a substitute for your own backups. We will make reasonable efforts to restore your data on request, but we do not guarantee that any particular backup exists or is usable. You are responsible for keeping your own copies of anything you cannot afford to lose.

We do not retain backups of terminated accounts.

12. Uptime

We aim for high availability but do not offer a contractual uptime guarantee at this time. Planned maintenance will be announced in advance where possible.

13. Content and legal responsibility

You are responsible for all content on your hosting, including content placed there by your own customers or users. You must have the right to use and publish it.

If we receive a credible complaint that content on your account infringes someone's rights or breaks the law, we may remove or disable access to it. We will tell you when we do.

14. Liability

Nothing in these terms limits our liability for death or personal injury caused by our negligence, for fraud, or for anything else that cannot lawfully be limited.

Subject to that, our total liability to you in any 12-month period is limited to the amount you paid us for the service in that period.

We are not liable for loss of profit, loss of business, loss of data, or any indirect or consequential loss.

If you are a consumer, nothing in these terms affects your statutory rights.

15. Changes to these terms

We may update these terms. If a change materially affects your rights, we will give you at least 30 days' notice by email. Continuing to use the service after a change takes effect means you accept it.

16. Governing law

These terms are governed by the laws of England and Wales, and the courts of England and Wales have exclusive jurisdiction.

17. Contact

VPSPIONEER LTD 167-169 Great Portland Street, 5th Floor, London, England, W1W 5PF Company No: 16893138

General enquiries: hello@vpspioneer.com Billing: billing@vpspioneer.com Support: support@vpspioneer.com Abuse reports: abuse@vpspioneer.com