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. The registered company name is not published here yet. The name previously shown could not be reconciled with the jurisdiction and form of incorporation stated elsewhere on this site, so it was withdrawn, and it goes back only from the incorporation record. 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. We do not verify this, and we do not verify your identity in any respect. We collect no identity documents, no phone number, no postal address and no payment card.

The consequence is that the email address you supply is your only credential. Possession of that address is how you prove ownership of an order. If you lose access to it we have no alternative means of identifying you, and we will not transfer control of a server on the basis of any other evidence. Choose an address you will retain.

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:

• Provision your service within the timeframe stated at checkout;
• 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.

All prices are quoted in United States dollars and payable in cryptocurrency. The exchange rate applied is the one shown on your invoice, locked for the invoice lifetime.

• Service is prepaid for the term you select at checkout.
• Renewal notices are sent 7 days, 3 days and 1 day before expiry.
• If payment has not confirmed by the expiry date, service is suspended but preserved.
• Data is retained for a further 7 days after suspension. Paying the outstanding invoice within that period restores the service intact.
• After the grace period, disks are securely erased and resources released. This is irreversible.
• There are no late fees and no reactivation fees.

Because cryptocurrency payments cannot be pulled automatically, there is no stored payment method and no automatic renewal. Renewal always requires an action by you.

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. In practice, nearly every dispute we have had was resolved this way.

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.