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V.PS Terms of Service

§ 1 Definitions

In these Terms of Service, the following terms have the meanings set out below:

V.PS - The brand under which xTom OÜ, a private limited company registered in the Republic of Estonia under registry code 14611015, with its registered office at Sepapaja tn 6, Tallinn, 15551, Estonia, provides the Services. In these Terms, “V.PS”, “xTom”, “we”, “us” and “our” each refer to xTom OÜ, represented in its relations with the Customer by its legal or authorized representative.

Price List - The list of standard prices for V.PS’s services, add-ons and contractual charges, established by V.PS and made available to the Customer through V.PS customer service and on the Website.

Hotline - V.PS’s customer service telephone line at +372 6850188.

Customer Portal - The online customer service platform at https://vps.hosting/.

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

Customer - A natural or legal person in a contractual relationship with V.PS under an Agreement, acting in person or through a legal or authorized representative. Unless the Parties agree otherwise, a person may become a Customer only if, in the case of a natural person, they have reached the age of majority, and, in either case, they have no outstanding debt to V.PS.

Website - V.PS’s website at https://v.ps/.

Service - Any service provided by V.PS to the Customer, including but not limited to server housing, dedicated servers, cloud servers, web hosting, domain name registration and SSL certificates.

General Terms - These general terms governing V.PS’s provision of the Services.

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

AUP - V.PS’s Acceptable Use Policy, available on the Website at https://v.ps/aup/.

§ 2 Conclusion of the Agreement

2.1 When the Customer subscribes to a Service, the terms of the Agreement are presented to the Customer for review. Once the Customer confirms that they have reviewed the terms and wish to subscribe to the Service, the terms are deemed accepted. The Agreement enters into force when the Customer pays the first invoice issued to them.

2.2 The Agreement is concluded in English. The English text prevails in the application and interpretation of the Agreement, including in dispute resolution.

2.3 V.PS is entitled to refuse to conclude an Agreement if the prospective Customer has previously violated the terms of service of V.PS or of a third party (for example, a payment obligation) or accepted standards of Internet conduct, or for any other good reason as determined by V.PS.

2.4 The Customer has the right to withdraw from an Agreement concluded online within fourteen (14) calendar days of its conclusion by terminating the Service in the Customer Portal. If, upon termination, the Customer requests a refund of the fee for the unused portion of the Service (the amount paid less a charge for the days on which the Service was used), V.PS will issue the refund without undue delay and in any event no later than thirty (30) days after receiving the notice of withdrawal.

2.5 V.PS does not refund fees for domain name registration, transfer or restoration. V.PS provides a 30-day money-back guarantee on all SSL products.

No refund will be issued in any of the following cases:

2.6 V.PS provides one free IP address replacement within 24 hours of Service activation; each subsequent replacement is charged at EUR 8 per case. IP addresses may be replaced no more than once per month, and only IPv4 addresses are eligible for replacement.

2.7 V.PS supports transfers of Services as follows:

§ 3 Provision of the Service

3.1 The Service is deemed to commence on the date on which V.PS makes the Service available for use.

§ 4 Representations of the Parties

4.1 Each Party represents and warrants to the other that:

4.1.1 it has full passive and active legal capacity; no bankruptcy proceedings have been initiated, and no bankruptcy petition has been filed, against it; and, where the Party is a legal person, no resolution has been adopted for its dissolution;

4.1.2 it holds all approvals and authorizations necessary to conclude and perform the Agreement; the conclusion and performance of the Agreement will not breach any obligation of that Party arising from a legal or administrative act, court judgment or legal relationship; and it possesses the means and skills necessary to perform its obligations under the Agreement.

4.2 Each Party will notify the other of any change in the circumstances set out in § 4.1.

4.3 The Customer represents and warrants that:

4.3.1 before concluding the Agreement, they reviewed and understood all terms of the Agreement (including the applicable general and special terms of service, the General Terms and the Price List) and are aware of all rights and obligations arising from the Agreement;

4.3.2 all information they submitted to V.PS when concluding the Agreement is accurate; the Customer acknowledges that parties other than V.PS may rely on its accuracy, and that submitting inaccurate information may result in sanctions against the Customer and/or V.PS.

§ 5 V.PS’s rights and obligations

5.1 V.PS undertakes to make the Service available to the Customer on a continuous, 24-hour basis.

5.2 In the event of an interruption of Service availability caused by circumstances outside the Customer’s control, V.PS undertakes to remedy those circumstances within V.PS’s area of service, at V.PS’s expense, within the period specified in the Agreement.

5.3 V.PS undertakes to give the Customer at least 48 hours’ notice of any circumstance that will prevent use of the Service, including suspension of connectivity for technical reasons.

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

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

5.6 V.PS is entitled to suspend or terminate the Service if the Customer breaches the Agreement, including where the Customer has not paid an invoice within 5 days after its due date, by giving at least 5 days’ notice by e-mail.

5.7 V.PS is entitled to terminate the provision of the Service without advance notice if the Customer has violated the AUP.

5.8 V.PS aims to keep its services current and competitive. V.PS therefore reserves the right to change the manner in which the Service is provided, including the technology and software used, by giving the Customer advance notice. Such changes may be prompted by changes in legislation, technological developments or security considerations.

5.9 V.PS has made the following additional commitments for specific products:

5.9.1 For Performance KVM VPS, V.PS provides China Optimized Routing and undertakes not to change the upstream providers of the China Optimized Routing network at its own discretion. For Edge KVM VPS, V.PS undertakes not to change the upstream providers at its own discretion; however, as the routing is controlled by the upstream providers, V.PS does not warrant that it is China-optimized. The upstream providers are:

5.9.2 These commitments do not apply in the following cases:

§ 6 Customer’s rights and obligations

6.1 The Customer is entitled to use the Service as they see fit, but only in accordance with its intended purpose. The Customer undertakes to use the Service in accordance with the AUP, the Agreement, applicable legislation (including intellectual property legislation), the principle of good faith and accepted standards of practice.

6.2 The Customer undertakes to:

6.2.1 pay for the Services used, on the basis of invoices issued by V.PS, by the payment date stated on each invoice;

6.2.2 report any network deficiency, malfunction or disturbance to V.PS by calling +372 6850188 or e-mailing [email protected];

6.2.3 refrain from using the Service in a manner that interferes with the operation of the communications network, technical systems or servers;

6.2.4 keep their contact information in the Customer Portal up to date.

6.3 The Customer remains liable for the periodic fee for any period during which the Service is restricted or suspended under §§ 5.6, 5.7 or 6.2.3. The Customer undertakes to use the Service within the technical parameters of the plan they have subscribed to; if those parameters are insufficient, the Customer shall subscribe to a suitable Service or additional resources. If V.PS determines that the Customer’s usage exceeds the agreed parameters (for example, server resource usage above the agreed total volume), V.PS will, on the first occasion, request that the Customer bring their usage into line with the Agreement within one (1) week. If the Customer fails to do so, the additional fees for exceeding resource limits set out in the Price List, if any, will apply. On subsequent occasions, V.PS will apply the additional fees without setting a deadline for ceasing the excess usage.

§ 7 Payment for the Service

7.1 V.PS issues invoices to the Customer according to the billing cycle of the subscription. Invoicing runs 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 notify V.PS immediately if an invoice is not received or contains an error.

§ 8 Term, amendment and termination of the Agreement

8.1 V.PS reserves the right to amend the terms of the Agreement unilaterally in response to changes in legislation or case law, supervisory measures of an administrative authority, or other material circumstances affecting the provision of the Service. V.PS will publish the amended terms on the Website no later than 30 days before they take effect. If the Customer does not accept the amended terms, the Customer may terminate the Agreement within that 30-day period and receive a refund for the unused portion of the Service.

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

8.3 If the Customer terminates the Agreement, the Customer must pay for the Services provided by V.PS up to the time the provision of the Service ends. If the Customer terminates the Agreement before the end of a billing period and the Agreement provides for a periodically billed fee, the Customer must pay the fee for the entire billing period, without a right to a refund.

8.4 V.PS may terminate the Agreement on 10 days’ notice if the Customer breaches the Agreement repeatedly, the Service has been restricted under §§ 5.6, 5.7 or 6.2.3, and the ground for the restriction persists.

§ 9 Liability of the Parties

9.1 V.PS is not liable for communication interruptions or technical problems where the Customer has acted in breach of §§ 5.6, 5.7, 6.2.2 or 6.2.3.

9.2 Neither Party is liable for non-performance or defective performance of its obligations under the Agreement caused by force majeure.

9.3 Force majeure means any unforeseeable circumstance beyond the Parties’ control, including but not limited to fire, explosion, natural disaster or war.

9.4 The occurrence of force majeure does not relieve the Parties of their obligation to mitigate the resulting damage, and the Parties shall resume performance of their obligations as soon as the force majeure event ends.

9.5 V.PS may monitor the use of its services and may disclose information about such use, for example to comply with laws and regulations, to respond to legal or law-enforcement requests, to ensure the proper provision of the Service, or to protect the rights of the Customer or of the Customer’s own customers. V.PS may grant law-enforcement authorities access to its facilities for the purpose of monitoring the use of the Services.

9.6 V.PS does not warrant that use of the Service will be uninterrupted or error-free.

9.7 Advice given by V.PS or its representatives does not constitute a warranty.

9.8 V.PS is liable for direct proprietary damage caused to the Customer by a breach of its obligations under the Agreement, where the breach results from intent or gross negligence. V.PS’s aggregate liability is limited to one (1) month’s fee for the affected Service.

9.9 V.PS is not liable for claims or damage resulting from inadequate security measures or practices on the Customer’s side, or from Internet-based attacks or interception of network traffic.

9.10 The Parties will seek to resolve any dispute concerning the performance, amendment or termination of the Agreement by negotiation. If no agreement is reached, the dispute will be resolved by Harju County Court.

9.11 The Customer shall bear all costs associated with the recovery of debt, including the cost of payment reminders, legal costs and debt collection fees.

§ 10 Confidentiality

10.1 Information submitted by the Customer is treated as confidential. V.PS undertakes not to disclose it to third parties without the Customer’s prior written authorization, except in the circumstances provided for in the legislation of the Republic of Estonia.

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

10.3 The confidentiality obligation remains in force indefinitely after termination of the Agreement.

10.4 V.PS’s employees are bound to keep confidential any confidential information learned in the course of their duties, including after the processing of that information has ended and after their employment has ended.

Additional terms

Services provided through V.PS’s partners or vendors are subject to the following additional terms and policies:

RIPE - RIPE Legal Information

APNIC - APNIC Policies

ARIN - ARIN Policies

AFRINIC - AFRINIC Policies

Stripe - Stripe Services Agreement, Estonia

Stripe Alipay - Alipay Terms of Service

PayPal - PayPal User Agreement, Estonia

Last updated: Jul 24, 2026