Terms of service

All users of vpsgiare’s services, and all customers upon signing up for vpsgiare’s services, agree to comply with vpsgiare’s Terms of Service (“TOS”). The spirit of the TOS is to ensure customers are using vpsgiare’s services with due regard to the rights of other Internet users and in conformity with the requirements of vpsgiare’s network environment. The TOS are not exhaustive and vpsgiare reserves the right to add, delete, or modify any provision of its TOS at any time without notice, effective upon either the posting of the modified TOS to www.vpsgiare.asia or notification of the modified TOS. Any complaints about a customer’s violation of the TOS should be sent to hello@vpsgiare.asia. The TOS supersedes any other agreement with vpsgiare, whether written, oral, by conduct, or otherwise.

Cloud Server

a. Prohibited Content

Responsibility of content contained upon virtual machines under the control of a client is the responsibility of the client. In the first instance of prohibited content being detected on a client owned device, the device will be suspended and the customer notified for action to be completed (such as termination of an offending account upon the node, reformatting of the individual machine). Such actions should be completed within a maximum of twelve (12) hours or to the timeframe specified by the supervising member of staff. Further violations of clause 1(a) of this document after previous incidents will result in the immediate termination of the virtual machine.

 

b. Resource / Usage Limits

  • Devices are allocated set quotas of both disk space, and access to RAM and bandwidth (measured in MB, GB, and GiB respectively). Attempts to circumvent monitoring of these quotas will result in suspension. Expansion of quotas will be subject to further billing, to be discussed with a member of our Sales team.
  • While we make every effort to provide full access to allocated resources, there may be cases where access may be limited due to hardware or software limitations. In this event, we are not responsible for any restrictions that may be imposed. Templates provided by VPSGiaRe for installation upon a guest are provided as is, with no warranties expressed or implied and no responsibility is taken for any security issues that may be contained upon said template. In this event, VPSGiaRe will take reasonable steps to provide a replacement within a reasonable duration. Clients are responsible for the upkeep and general maintenance of their device.
  • Subscriber’s programs and services may not use more than 25% of one CPU core per process thread for more than 15 minutes. Subscriber’s programs and services may not use 100% of one CPU core for more than 2 minutes.
  • While VPSGiaRe utilises KVM virtualization technology, abuse of a host node where such usage may be deemed as a cause for instability will result in immediate suspension by a member of our Network Operations team. VPSGiaRe reserves the right to suspend such abusive devices without warning, or to implement traffic shaping or limiting upon an abusive device.While VPSGiaRe utilises KVM virtualization technology, abuse of a host node where such usage may be deemed as a cause for instability will result in immediate suspension by a member of our Network Operations team. VPSGiaRe reserves the right to suspend such abusive devices without warning, or to implement traffic shaping or limiting upon an abusive device.

 

c. Backup

All VPSGiaRe virtualization products are self managed and as such VPSGiaRe takes no responsibility for data stored upon virtualized resources. Access to daily backups is subject to additional charge. However it should be noted that these backups are primarily for administrative purposes. VPSGiaRe makes no guarantee to the completeness and quality of each backup made or to the availability of each backup set. It is the responsibility of the client to make full and regular backups of their device and hereby disclaim VPSGiaRe for any liability for any lost or damaged data, even if the cause of that loss is found to be the responsibility of VPSGiaRe.

Billing

Clients are expected to make payments through their chosen payment method on time. Invoices are generated thirty (15) days before product renewal dates. Services held unpaid for a period of two (2) days after the due date will be suspended. Dedicated servers in arrears will be terminated 24 hours after the renewal date of the service. Hosting, VPS services still in arrears will be terminated, with the loss of all data after a period of seven (7) days. Invoices still in arrears after five (5) days will be subject to a late fee calculated base on flat 5% interest rate on the total outstanding amount of the invoice.

Product Transfer

Movement of a product or service (including, but not limited to; hosting, VPS, dedicated servers, domains) to another client account is at the discretion of the manager on duty at the time of the request. We make no guarantees that we will move a product to another client account.

Refund Policy

We do not offer refund policy. Please submit a trial in case you need to test or validate our services. We do support trial up to 7 days to allow our customer to test our services.

Backup Retrieval

In the event of a client’s account being terminated due to non-payment of invoices, breaching any clause of this document or at the discretion of a member of VPSGiaRe, an administration charge of $15 USD per account will be invoiced for investigation of suitable restoration points. If it may be the case that VPSGiaRe may fail to identify a suitable restoration point from our automated systems, this charge shall be regarded as non-refundable.

Affiliates Terms

VPSGiaRe provides an affiliate scheme for existing customers to sign up to. By signing up for the service, you agree to adhere to the following terms. You cannot refer yourself using a duplicate account and your own affiliate link. We monitor affiliates closely and will suspend all services that have been used to defraud our affiliate service. Affiliate payouts will be paid after the 60 day commission delay to a verified PayPal account, or to your VPSGiaRe client area balance. By referring a user to our service, you cannot attempt to defraud or mislead them in anyway. If a customer requests a refund as per our 30 days money back guarantee or submits a charge back where we lose out financially, you will not gain the commission. We reserve the right to remove affiliate status from a customer’s account at any time for any, or no, reason.

Force Majeure

VPSGiaRe shall not be liable for failure or delay in performing its obligations under this agreement if such failure or delay is due to circumstances beyond its reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, terrorist or other attack, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the services.

Specific Provisions

If any provision of this agreement shall be unlawful, void, or for any reason unenforceable then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein. VPSGiaRe may at any time revise these Terms and Conditions by updating this document. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
TO THE EXTENT ALLOWED BY APPLICABLE LAW, IN ANY EVENT SHALL VPSGiaRe OR ITS SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, ANY LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE OR DATA, INTERRUPTION OF BUSINESS, OR FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, EVEN IF VPSGiaRe HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
IN NO EVENT WILL VPSGiaRe OR ITS SUPPLIERS BE LIABLE FOR ANY CLAIM AGAINST LICENSEE BY ANY THIRD PARTY. IN NO EVENT SHALL VPSGiaRe OR ITS SUPPLIERS BE LIABLE FOR THE FOLLOWING:
(I) ANY REPRESENTATION OR WARRANTY MADE TO ANY THIRD PARTY BY LICENSEE, ANY DISTRIBUTOR OR THEIR RESPECTIVE AGENTS;
(II) FAILURE OF THE PRODUCTS TO PERFORM;
(III) FAILURE OF THE PRODUCTS TO PROVIDE SECURITY;