Terms of Service | VPSPioneer

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, our Refund Policy and our Service Level Agreement. 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, managed virtual private servers and self-managed Cloud VPS. 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 and are the full amount you pay: the price shown includes any applicable VAT, and nothing is added at checkout.

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.

WHMCS licence. Partner Grow and Partner Pro include a WHMCS Starter licence. On Partner Start, and on managed VPS plans, the same licence is available as a paid monthly add-on. The following applies to every WHMCS licence we issue:

The licence is issued in connection with your plan and remains valid only while that plan, or the add-on, is active and paid. It may be used only on the hosting you have with us and cannot be transferred, resold or moved to another provider.
WHMCS is third-party software and is subject to the WHMCS licence agreement, which you accept when the licence is issued.
We do not provide installation, configuration or setup support for WHMCS. Installing it, connecting it to your reseller panel, payment gateways and registrars, and keeping it updated are your responsibility.
Problems caused by WHMCS are outside our support. This includes bugs, updates, modules, add-ons, themes and configuration. We may, at our sole discretion, decide to help with a specific issue. If we do, that is a gesture and does not create any obligation to help again or to provide WHMCS support in the future.
Our support and uptime commitments cover the hosting service itself. They do not cover the availability or correct operation of your WHMCS installation.
Refunds involving a WHMCS licence are covered by our Refund Policy.

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.

A WHMCS licence can be added to a managed VPS as a paid monthly add-on. The WHMCS terms in section 9 apply to it in the same way: no installation or setup support, and no support for problems caused by WHMCS itself.

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. VPN and proxy use on VPS

Personal VPN and proxy use is allowed. You may run a VPN or proxy on your Cloud VPS or Managed VPS for yourself, your own devices and your own team.

Running a public proxy, or selling proxy access to third parties, is prohibited. This covers open proxies reachable by anyone, proxy or VPN access sold or rented to others, and servers used as exit points for residential or rotating proxy networks.

If we detect it, the service is suspended without prior warning. Suspension on this ground does not entitle you to a refund.

12. 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.

13. Uptime and service levels

Our Service Level Agreement forms part of these terms and applies to shared hosting, reseller hosting, Managed VPS and Cloud VPS on our own infrastructure. In summary:

We commit to 99.9% monthly availability of the network and the platform your service runs on, measured by our own monitoring every 60 seconds and published on our status page.
If availability in a month falls below that, you may claim a service credit against a future invoice: 10% of that month's fee below 99.9%, 25% below 99.0% and 50% below 95.0%, claimed by ticket within 30 days of the end of the month.
We answer support tickets within four hours, around the clock. Urgent issues are monitored automatically and acted on as soon as they are detected.
Planned maintenance is announced at least 48 hours in advance where it is expected to interrupt service and does not count as downtime. Emergency security patching may be applied without notice.

The SLA sets out in full what is measured, how credits are calculated and claimed, and the exclusions, including downtime caused by your own configuration or software, non-payment, abuse, attacks beyond our mitigation capacity and events outside our control. Service credits are your sole remedy for a missed availability commitment.

14. 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.

15. 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.

16. 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.

17. Governing law

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

18. 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