Term of Services
23 February 2025
Terms & Conditions
Effective date: 23 February 2025
Service Setup/Delivery
We will setup your service after we have received payment and we and/or our payment partner(s) have screened the order(s) incase of fraud. It is your responsibility to provide us with an email address, which is not hosted using the service you are purchasing with us.
Content
All services provided by Apexvds may only be used for lawful purposes. This includes, but not limited to; copyrighted material, material we judge to be threatening or obscene. The customer agrees to indemnify and hold harmless Apexvds from any claims resulting from the use of our services. Apexvds is a lawful cloud server company of which UK law is recognized.
Examples of unacceptable material:
Copyright / Pirated Software
Hate / Racist / Discriminating sites
Child Pornography
Zero Tolerance Spam Policy
We take a zero tolerance stance against sending of unsolicited e-mail, commonly known as spam. Apexvds reserve the right to suspend or terminate the services provided without notice, should a user be found sending out spam.
Apexvds reserves the right to require changes or disable as necessary any web site, account, database, or other component that does not comply with this policy, at its sole discretion. Apexvds also reserves the right to make any such modifications in an emergency at our sole discretion.
Apexvds reserves the right to charge the holder of the account used to send any unsolicited e-mail a clean up fee. This cost of the clean up fee is left entirely to the discretion of Apexvds. All rights reserved.
Payment Information
You agree to supply appropriate payment for the services received from Apexvds, in advance of the time period during which such services are provided. You agree that until and unless you notify Apexvds of your desire to cancel any or all services received, those services will be billed on a recurring basis.
Apexvds reserves the right to change the monthly payment amount and any other charges at anytime.
Backups and Data Loss
Your use of the service is at your sole risk. Apexvds is not responsible for files and data residing on our servers. You agree to take full responsibility for files and data transferred and to maintain all appropriate backups of files and data stored on Apexvds servers.
Cancellation, Refunds & Disputes
Apexvds reserves the right to cancel the account and services provided at any time.
We strictly forbid the customer from opening a dispute or filing a chargeback claim unless they have failed to receive support from us. We urge all customers to open a support ticket before resorting to disputing payments.
Should a dispute be made, all services will be suspended and a dispute handling charge of US$50 (or US$65 if paid by credit card) will be charged.
All services will only be reactivated after the dispute handling charge has been paid. Failure to make payment will result in termination of your service and a ban from any of our hosting services.
Customers may cancel at any time but must provide at least 30-days notice
Please note that the refund will be the amount paid less the fees charged by the payment gateway used in the transaction, which may be as much as $1.50 + 5%.
E.g. Original payment: $3
Payment gateway fees: $1.50
Refund amount: $1.50
Note: 15$ basic plans are non-refundable
Bandwidth Usage and Fair Usage Policy
Services operating on shared bandwidth are limited to our fair usage policy. Apexvds reserves the right to implement a speed cap, or disconnect services upon the following conditions.
Affecting network performance for other servers connected to the network.
This fair usage policy is intended to ensure that services provided to all clients receive the same high standard that is expected. Restrictions are rarely implemented and action is only taken as a last resort.
Price Change
Apexvds reserves the right to change the price of any services at any time with a 30 days notice to the current customers. Contract pricing customers will not be affected by any price change throughout the contract period.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold Apexvds harmless from any and all demands, liabilities, losses, costs and claims, including reasonable attorney’s fees asserted against Apexvds, its agents, its customers, officers and employees, that may arise or result from any service provided or performed or agreed to be performed or any product sold by customer, its agents, employees or assigns. Customer agrees to defend, indemnify and hold harmless Apexvds against liabilities arising out of; (1) any injury to person or property caused by any products sold or otherwise distributed in connection with Apexvds; (2) any material supplied by customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective products sold to customers from Apexvds server.
Disclaimer
Apexvds will not be responsible for any damages your business may suffer. Apexvds makes no warranties of any kind, expressed or implied for services we provide. Apexvds disclaims any warranty or merchantability or fitness for a particular purpose. This includes loss of data resulting from delays, no deliveries, wrong delivery, and any and all service interruptions caused by Apexvds or its employees.
Changes to the Terms of Service
Apexvds reserves the right to revise its policies at any time without notice.