# V.PS Terms of Service

# 1. Glossary

xTom - The private cloud hosting company xTom OÜ, registry code 14611015, located at Sepapaja tn 6, Tallinn, 15551, Estonia, and represented in its relations with the Customer by its legal or authorized representative.

Price List - The list of general prices of xTom’s services, accessories and sanctions, set forth by xTom and publicly available to the Customer from xTom customer service and on the xTom Website.

Hotline - xTom customer service telephone at +372 6850188.

Customer Portal - Online customer service platform located at the xTom Website https://vps.hosting/ (opens new window)

Personal Information - Customer’s personal details (Customer’s legal name, date of birth, identity document details) and contact information (Customer’s address, contact details, e-mail address) and information regarding the Service used by the Customer (Service usage volume and history, Customer’s payment history), as held by xTom.

Customer - A natural or legal person in a current contractual relationship with xTom based on a Customer Agreement, and acting in person or via their legal or authorized representative. Unless the Parties agree otherwise, a natural or legal person may become a Customer only if the natural person is of age and the natural or legal person has no outstanding debt to xTom.

Website - xTom’s website at https://v.ps/ (opens new window).

Service - Any services provided by xTom to the Customer, including but not limited to server housing, dedicated server, cloud server, web hosting, domain names, SSL certificates.

General Terms - These General Terms of xTom's Telecommunication Services.

Agreement - The agreement concluded between the Customer and xTom for the provision of Service.

AUP - Acceptable Use Policy. Available on the xTom Website at https://v.ps/aup/ (opens new window).

# 2. Concluding the Agreement

2.1 When a Customer subscribes to a Service, the Service Agreement terms will be submitted for review to the Customer; once the Customer confirms that they have reviewed the terms and wish to subscribe to the Service, the terms will be deemed to be accepted by the Customer. The Agreement will enter into force when the xTom Customer pays the first invoice issued to them.

2.2 xTom concludes Agreements in English. Regarding the application of Agreements, including dispute resolution.

2.3 xTom is entitled to refuse to conclude an Agreement if the other Party has violated xTom’s or third parties’ terms of service (e.g. a payment obligation) or best practices of Internet usage, or for other good reasons as determined by xTom.

2.4 The Customer has the right to withdraw from an Agreement concluded online within fourteen (14) calendar days of the date of concluding the Agreement, by terminating Service in the Customer Portal. If, during termination of Service, the Customer requests a refund of the fee for the unused portion of the Service (the sum paid minus a fee for the days when the Service was used), a refund will be made without delay, but no later than 30 days after xTom receives the notice of withdrawal from the Agreement.

2.5 xTom does not provide a refund for domain name registration, transfer and restore, xTom provides a 30-day money-back guarantee for all SSL products.

Refund exceptions for the following cases:

  • You have already applied for a refund, each account can only be refunded once.
  • You have already used more than 10GB of data transfer.
  • You have an active BGP or IX service related to the server.
  • You have received product(s) tranfserred from other customers.
  • The service was received from other accounts, you can't get a refund for this product.
  • You have transferred the service to other accounts, you can't get a refund for this product.
  • You already have / had abuse report or your VPS IP was listed on any blacklist, including Spamhaus, blocklist.de and all other abuse compliant/site with legitimate evidence, GFW of China, etc., by the time you requesting for a refund.
  • You have requested an IP replacement, you can't get a refund for this product.
  • Cryptocurrency payments are non-refundable.
  • Renewal orders can not be refunded.
  • For flash sales promotion, the discounted products can not be refunded.

2.6 xTom provides free change once within 24 hours after activation, then we charge 8 EUR for each case. You may change IP once per month, and only IPv4 is applicable for change.

2.7 xTom provides service transfer for the following cases:

  • We provide free account transfer for domain name registration and SSL products.
  • For VPS products, we provide free service transfers in the following cases:
    • Service transfer automated by the billing system (temporarily unavailable due to technical reasons).
    • If the account being transferred owns V Pack products or Performance KVM products that are active, we provide free service transfers for other services in the same location.
    • Other situations where the operations team deems it necessary to provide a service transfer.
  • For some flash sales promotion, the discounted products can not be transferred, specific promotion rules apply.
  • For VPS with an active BGP or IX service, it can not be transferred, even if you have cancelled the BGP or IX service.

# 3. Procedure of Service provision

3.1. The Start of Service is deemed to be the date when xTom makes the Service available for use.

# 4. Parties’ certifications at concluding the Agreement

4.1.1 The Parties certify to each other that:

4.1.2 They have passive and active legal capacity and no bankruptcy proceedings have been initiated or no bankruptcy caution has been filed against them. If a Party is a legal person, they certify that no dissolution resolution has been taken regarding them.

4.1.3 They have all necessary approvals and authorizations for concluding and performing the Agreement, and that concluding and performing the Agreement would not entail a violation of any obligation pursuant to a legal or administrative act, court judgment, or legal relationship on behalf of the Party, and that they possess all necessary means and skills for performing their obligations pursuant to the Agreement.

4.2 The Parties will notify the other Party of any changes to the circumstances certified in Section 4.1.

4.3 The Customer certifies that:

4.3.1 prior to concluding the Agreement, they have reviewed all terms of the Agreement (including the applicable general and special Terms of Service, General Terms, and Price List), have understood these, and are aware of all rights and obligations arising pursuant to the Agreement;

4.3.2 all information submitted by them to xTom at concluding the Agreement is accurate; they further acknowledge that other parties besides xTom may rely on its accuracy, and submitting inaccurate information may entail sanctions against them and/or xTom.

# 5. xTom’s rights and obligations

5.1. To ensure continuous Service availability to the Customer at all hours.

5.2. In case of an interruption of Service, availability due to circumstances not under the Customer’s control, to resolve such circumstances in xTom’s area of service at xTom’s expense within the term specified in this Agreement.

5.3. To inform the Customer at least 48 hours in advance of any circumstances preventing use of Service, including suspension of communication due to technical reasons.

5.4. xTom reserves the right to amend their prices and terms of Service by notifying the Customer in writing at least 30 calendar days in advance.

5.5. xTom reserves the right to amend the general terms of Agreement by publishing the latter on the Website and notifying the Customer in writing at least 30 calendar days in advance.

5.6. xTom is entitled to suspend or terminate the Service if the Customer violates the terms of this Agreement, e.g. if the Customer has not paid an invoice within 5 days after the due date specified on the invoice, by giving notice via e-mail at least 5 days in advance.

5.7. xTom is entitled to terminate provision of Service to the Customer with no advance notice if the Customer has violated the Acceptable Use Policy (AUP).

5.8. xTom aspires to keep their services up to date and competitive. xTom reserves the right to amend the principles of Service provision, including the technology and software applications used for Service provision, by giving advance notice to the Customer. Such amendments may be made due to changes in legislation, technological developments, and security issues.

5.9. xTom has made extra commitments to the following products:

5.9.1. For Performance KVM VPS, we provide China Optimized Routing. We promise not to arbitrarily change the China Optimized Routing network upstream provider. The details about the upstream network provider are as follows:

- Tokyo: Softbank
- Singapore: China Telecom Global (formerly CN2 GIA)

5.9.2. Exceptions to these commitments include the following cases:

- Suffering from network attacks.
- In the event of a technical failure with the upstream network provider.
- If the upstream network provider stops services due to their business reasons.

# 6. Customer’s rights and obligations

6.1. The Customer is entitled to use the Service according to their wishes and needs, but only according to its intended use. The Customer undertakes to use the Services according to the AUP, the Agreements, the applicable legislation (including intellectual property legislation), the principle of good will, and best practices.

6.2. The Customer is obligated to:

6.2.1 pay for Services used based on invoices issued by xTom by the payment term specified on each invoice;

6.2.2 inform xTom of any network deficiencies, malfunctions and disturbances by calling +372 6850188 or sending an e-mail to [email protected];

6.2.3 not use the Service in a way that would interfere with the functioning of the communications network, technical systems, and servers;

6.2.4 update their contact information in the Customer Portal if this information changes.

6.3 The Customer will pay the monthly fee for periods when Service provision is limited or suspended pursuant to Sections 5.6, 5.7 and 6.2.3. The Customer undertakes to use the Services according to the technical parameters of the plan they have subscribed to; if the technical parameters are insufficient, the Customer shall subscribe to a sufficient Service / additional resource. If the technical parameters are determined to be insufficient (e.g. server resource usage by the Customer exceeds the agreed total volume), on the first occurrence xTom will request that the Customer bring their Service usage in line with the Agreement within one (1) week. If the Customer does not fulfill this request, additional fees for exceeding the resource limits specified in the Agreement will apply to the Customer, if such fees are listed in the Price List. On any following occurrences, xTom will apply the additional fees without giving a deadline for ceasing the violation.

# 7. Payment for Service

7.1 xTom will issue Service invoices to the Customer based on the billing cycle of the subscription. The invoice will be issued from the date the Service was activated in the Customer Portal, regardless of whether the Customer has actually used the Service.

7.2 The Customer undertakes to immediately inform xTom of non-receipt of Service invoice, and of any mistakes found on the invoice.

# 8. Term of the Agreement, and amendment and termination of the Agreement

8.1 xTom reserves the right to amend the terms of the Agreement unilaterally pursuant to changes in legislation or judicial practice, pursuant to an administrative authority’s control actions, or pursuant to other material circumstances regarding Service provision. xTom will publish amended terms on its Website no later than 30 days before they take effect. If the Customer does not agree to the amended terms, they may terminate the Agreement within 30 days and receive a refund for the unused period of Service.

8.2 The Customer is entitled to terminate the Agreement at any time by terminating the relevant Service(s) in the Customer Portal or sending a digitally signed application to [email protected].

8.3 If the Customer terminates the Agreement, they must pay for Services provided by xTom until the time Service provision is terminated. If the Customer terminates the Agreement before the end of a billing period, and the Service Agreement specifies a periodically billed fee, the Customer must pay the entire billing period fee without right for refund.

8.4 xTom may terminate the Agreement within 10 days if the other Party violates the Agreement repeatedly and Service has been restricted pursuant to Sections 5.6, 5.7 and 6.2.3 and the basis of the restriction is still present.

# 9. Liability of the Parties

9.1. xTom will not be liable for communication interruptions or technical problems if the requirements of Sections 5.6, 5.7, 6.2.2 and 6.2.3 have been violated.

9.2. Parties will not be liable for non-performance or malperformance of obligations arising from the Agreement due to force majeure.

9.3. Any unforeseeable circumstance which the Parties have no control over, including, but not limited to fire, explosion, natural disasters, war, etc., will be considered to be force majeure.

9.4. The occurrence of force majeure will not relieve the Parties of their obligation to minimize damages arising from force majeure, and the Parties will be obligated to resume performance of their obligations as soon as force majeure ends.

9.5. xTom may monitor the use of its services and may disclose information on the use of services for a number of reasons. For example, to comply with laws and regulations, to comply with legal or law enforcement requirements, to ensure proper service or to protect the rights of you or your Customers. xTom can provide law enforcement access to its facilities to monitor the use of the Services.

9.6. xTom does not guarantee that usage of the Service is trouble-free or without interruption.

9.7. Advice provided by xTom or its representatives can not be regarded as a guarantee.

9.8. xTom will be liable for any direct proprietary damage caused to the Customer by violation of its obligations under the Agreements. Responsibility is based on intent or gross negligence. xTom’s maximum liability will not exceed one (1) month’s fee for the relevant Service.

9.9. xTom is not liable for claims or damages resulting from inadequate measures and practices of the Customer; Internet-based attacks and network traffic interception.

9.10. Any disputes regarding the performance, amendment or termination of the Agreement will be resolved between the Parties. If an agreement cannot be reached, the dispute will be resolved in Harju County Court.

9.11. The Customer is obligated to pay all expenses associated with debt recovery, including the cost of issuing reminders, legal costs, and debt collection service fees.

# 10. Confidentiality

10.1. Information submitted by the Customer will be considered to be confidential, and xTom undertakes to not disclose it to third persons without prior written authorization from the other Party, excluding circumstances set forth in the legislation of the Republic of Estonia.

10.2 xTom may submit and disclose the Customer’s information to credit rating agencies and debt collection agencies if the Customer has outstanding debt.

10.3 The confidentiality obligation will remain in effect indefinitely after termination of the Agreement.

10.4 xTom’s employees are obligated to maintain the confidentiality of confidential information learned in the course of their duties even after the processing of such information is completed and after their employment ends.

# Additional Terms

Services provided by partner or vendor of xTom requires additional terms and policies.

RIPE - RIPE Legal Information (opens new window)

APNIC - APNIC Policies (opens new window)

ARIN - ARIN Policies (opens new window)

AFRINIC - AFRINIC Policies (opens new window)

Stripe - Stripe Services Agreement — Estonia (opens new window)

Stripe Alipay - Alipay Terms of Service (opens new window)

PayPal - PayPal User Agreement - Estonia (opens new window)

Last updated: May 27, 2024