Terms of Service

These terms form a binding agreement between NimbusVPS ("we", "us") and the person or entity purchasing services ("you", "customer"). They govern all services purchased through nimbusvps.com, including virtual private servers, storage servers, dedicated servers and any associated add-on.

NimbusVPS is the trading name. NimbusVPS is the trading name. The registered operator name, registration number and business address are not yet published. We are named as a party to this agreement under the trading name in the meantime.

By placing an order you confirm that you have read these terms, the acceptable use policy, the privacy policy and the refund policy, and that you accept all four. The acceptable use policy is incorporated into this agreement by reference.

You must be of legal age to enter a contract in your jurisdiction. The NimbusVPS purchase form does not request a name, ID upload, phone verification, postal address or payment card. This describes checkout requirements, not a promise of complete anonymity or exemption from these terms.

Use an email address you can retain: it is needed for order communications and support. The order link also contains an access token, which must be kept private. Email, order, payment and technical details are processed as described in the privacy policy. Your wallet or exchange may have its own identity requirements.

We provide virtualised or physical computing resources in the location you select, with the specification you configured at checkout. Resources are dedicated to your instance except where explicitly described as shared.

We undertake to:

• Verify payments automatically; server preparation follows confirmation;
• Maintain network and hardware availability in line with the service level agreement;
• Give at least 7 days' notice of planned maintenance affecting availability, except for emergency security work;
• Notify you of any legal demand concerning your service, unless legally prohibited from doing so.

We do not undertake to back up your data. Backups are an optional paid add-on, and even where taken they are a convenience rather than a guarantee. Data you cannot afford to lose should exist in at least two places you control.

You are solely responsible for:

• All content, data and software on your service, and its lawfulness in the jurisdiction hosting it;
• Securing your service — patching, credentials, firewall configuration and access control;
• Compliance with the acceptable use policy;
• Any legal obligation that attaches to you as an operator, including data protection duties owed to your own users;
• All activity originating from your service, whether authorised by you or resulting from a compromise.

A compromised server that attacks third parties is treated the same as a deliberately malicious one for the purposes of suspension. We will tell you what we saw and give you the opportunity to remediate wherever the harm allows it.

Prices are quoted in United States dollars and payable in cryptocurrency. The checkout displays the full prepaid term total and the amount, address and network for your crypto transfer. The shortest available term is three months; a monthly equivalent is not a one-month checkout option.

• Location, paid operating systems and selected add-ons affect the total.
• No payment-gateway commission is added by the direct-wallet checkout. Your wallet or exchange may charge network or withdrawal fees.
• Use the payment quote within its displayed validity period. If the quote has expired after you sent funds, contact support before sending a second payment.
• Renewal requires an action by you: we cannot pull a payment from your crypto wallet automatically. Arrange renewal before the term ends and keep the order email accessible.
• The published post-expiry policy provides a seven-day grace period after suspension. Do not rely on a reminder arriving or use this period as a substitute for your own backups.
• There are no late fees or reactivation fees under this policy.

Late, short or duplicate payments need review by our team. An expired or failed order status does not establish that no blockchain transfer occurred.

We may suspend or terminate service:

• Immediately and without notice for a verified violation of the acceptable use policy in the categories listed as immediate-suspension offences, or on receipt of a valid court order from a court with jurisdiction over the hosting facility;
• With notice and an opportunity to remediate for other acceptable use violations, non-payment, or conduct that materially degrades the service of other customers;
• On 30 days' notice if we discontinue a product or location, with a pro-rata refund of the unused term.

You may terminate at any time from the control panel. Termination takes effect immediately and the refund position is governed by the refund policy.

Where we terminate without cause, you receive a pro-rata refund of the unused portion of your term. Where we terminate for a verified acceptable use violation, no refund is due.

To the maximum extent permitted by applicable law, our total aggregate liability arising out of or relating to the services is limited to the amount you paid us for the affected service in the three months preceding the event giving rise to the claim.

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

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

Service credits under the SLA are the agreed remedy for availability failures. To the extent applicable law gives a consumer or a business customer a remedy that cannot be excluded by contract, that remedy is unaffected by this clause — describing credits as your "sole and exclusive" remedy, as this page previously did, would have overstated what a contract can do.

This agreement is governed by the laws of Seychelles, without regard to conflict-of-law rules, and the courts of Seychelles have jurisdiction over disputes arising from it.

If you are a consumer, that clause does not take anything away from you. Nothing in these terms deprives a consumer of the mandatory protections of the law of their country of residence. A consumer in the EU or EEA may bring proceedings in the courts of their own domicile and may be sued only there, under Arts. 17-19 of Regulation (EU) No 1215/2012, and the mandatory consumer rules of their home country continue to apply under Art. 6(2) of Rome I. We would rather write that down than rely on you not knowing it.

Before commencing proceedings, both parties agree to attempt resolution in good faith through our support channel for a period of at least 30 days.

We may amend these terms. Material changes are announced by email to all active customers at least 30 days before they take effect, and the announcement states what changed in plain language rather than leaving you to diff two documents.

If you do not accept a material change, you may terminate before it takes effect and receive a pro-rata refund of your unused term. Continuing to use the service after the effective date constitutes acceptance.