Acceptable Use Policy: the acceptable use policy (as may be amended from time to time) which is published on our website vpsopenvz.com;
Client: individual/legal entity placing an order;
vpsopenvz.com: the company Virtual Private Servers S.R.L., registered with the Trade Register under no. J13/3214/2017, Sole registration number: 38248195, with the main office in country Romania, county Constanta,cown Navodari, Viilor no. 25 street
Services – any services offered by Virtual Private Servers S.R.L., as indicated in the Order, and to be provided by vpsopenvz.com to the client.
Order – the agreement between vpsopenvz.com and the client whereby vpsopenvz.com undertakes to deliver the services, and the client undertakes to pay for the value thereof.
Agreement – an order which is confirmed by the provider.
By processing an order on the website vpsopenvz.com, the client agrees to the website’s Terms and Conditions. Order acceptance by vpsopenvz.com is deemed completed at the time of its confirmation by e-mail. Until vpsopenvz.com has confirmed the order a contract between vpsopenvz.com and the client shall not be created.
Details about the characteristics of the products or services are available on the website under the respective category, or by phone or e-mail, upon request.
The rates displayed on vpsopenvz.com are expressed in EUR. Payment shall be made in RON, at the valid official exchange rate communicated by the National Bank of Romania for the day of payment, +2%. vpsopenvz.com has the right to change the rates displayed on vpsopenvz.com, as well as to modify the characteristics of the offered packages. The 2 percentage points added to the official exchange rate communicated by the National Bank of Romania aims to cover for the costs vpsopenvz.com incurs with the fees charged by the bank payment processors, such as Pay Pal, as well as for the losses from exchange rate differences paid by vpsopenvz.com, considering that our suppliers are spread across Europe, and thus the payments we are due to make are in various currencies. If you are a consumer we will not make any additional surcharges relating to credit cards, Pay Pal etc. Before completing any order, vpsopenvz.com reserves the right to change the prices for the Services offered via the website at any time, and vpsopenvz.com offers no price or reimbursement guarantees in case of a price reduction or promotional offer subsequent to the purchase
Online Card Payment
The payment can be made online by card on the Netopia MobilPay platform, under full security conditions. The cards accepted for payment are the ones issued under the trade names VISA (Classic and Electron), and MASTERCARD (including Maestro, provided they have a CVV2/CVC2 code), no additional fee is charged for the transactions. or transaction security purposes, vpsopenvz.com uses the Netopia MobilPay platforms.
For the transaction to be properly completed, you must supply your card’s code (all the figures in the four groups on the face of the cards without spaces), the expiry date, the holder’s name, as well as the three figures on the back of the card written on the band with your signature (some details could be missing, depending on the type of card). Card data processing is performed exclusively on the Netopia MobilePay platform vpsopenvz.com neither requests, nor stores, any data concerning your card.
Online PayPal Payment
You can also make your payment online by PayPal, using your opened PayPal account. No additional fee is charged for the transactions.
Bank Transfers (Warrant of Payment)
Payment by Warrant of Payment can only be made based on a pro-forma invoice issued by vpsopenvz.com and emailed to the client. Order processing and service delivery is subject to confirmation of the payment of the relevant pro-forma invoice into the account below.
Company name: Virtual Private Servers S.R.L.
Bank account: RO..., opened with Banca Transilvania
Sole registration number: 38248195
Irrespective of the currencies available in your account, the payment shall be made in lei, as per the rate of exchange your bank uses.
Suspension of Services for Payment Default
vpsopenvz.com is entitled to suspend any service where any charges due under the Agreement remain unpaid after 5 days from their due date.
Right to Withdrawal
Each of the VPS (Virtual Private Server) web hosting services, Dedicated server rental services, are offered a 14-day guarantee period during which the amount paid can be reimbursed in full. Should you not be fully satisfied with such services during the first 14 days, the price paid shall be reimbursed in full further to an application filed to our payment department, by e-mail to [email protected] The withdrawal period expires after 14 days since the day when the payment of the price was made. To exercise your right to withdrawal, you must let us know about your decision to withdraw from this agreement by means of a straightforward statement, submitted for instance as mailed letter, by fax or email. To this end, you can use the enclosed withdrawal form; using of this form is not mandatory. To meet the withdrawal deadline, you simply submit the communication on the exercise of the withdrawal rights before the expiration of the withdrawal period. Should you decide to withdraw, we will reimburse any amount collected from you no later than 14 days since the date when we were informed of your decision to withdraw from this agreement. We shall perform the respective reimbursement using the same means of payment as you used to make the initial payment, unless you expressly agreed to different reimbursement means; anyway, no fees will be charged in respect of such a reimbursement. The right to withdrawal is no longer effective once the services have been provided in full, in case of Internet domain registration, colocation, dedicated servers.
The Services offered by vpsopenvz.com will be used by the Client for legitimate and ethical purposes only. The Client shall comply with the Acceptable Use Policy and shall procure that any other party using the Services shall also comply with the Acceptable Use Policy.
Sending of bulk messages, sending of messages to a large number of email addresses can be done using our servers or other servers to promote any website hosted on our servers, provided this is done in keeping with the applicable legislation.
Any complaint received in this respect shall be forthwith forwarded to the Client to have the issue addressed between the two parties involved (Client and complainer), but vpsopenvz.com may, in its absolute discretion, decide to directly suspend or terminate the Services depending on the nature of the complaint.
All the Services provided by vpsopenvz.com are used and administered by the Client, and any use of these Services is the exclusive responsibility of the Client. vpsopenvz.com cannot be held liable for any violation of any applicable legislation or the Client’s or an end user’s breach of the Acceptable Use Policy. vpsopenvz.com abides by the legal provisions and shall act upon any complaint received from any injured individuals, institutions/authorities or organizations which shows at least apparent legality.
Use of Resources
Please note the VPS server packages are in a shared space (server); consequently, no exclusive use of the resources over a long period of time by either you or your clients shall be accepted. The accounts which are detrimental to our servers shall be notified to address the issue within 3 days, as long as these damages are not severe. Otherwise, the respective accounts may be suspended until the situation is addressed. If the Client fails to address any issues notified to it within 3 days from the date of notification vpsopenvz.com may, in its absolute discretion, terminate the Agreement.
The Client is responsible for updating the contact and billing information indicated in its account. vpsopenvz.com accepts no liability or responsibility whatsoever for any damages incurred by the Client as a result of the Client not updating the contact and billing information.
The Client is responsible for maintaining the security conditions of the username, passwords and other sensitive information. In case of any doubt in this respect, the Client has to change or request the authentication date be changed by contacting the support team.
vpsopenvz.com shall not be responsible for any damages caused by the temporary unavailability of our servers for whatever cause. This covers also the damages suffered due to date deterioration or loss.
The clients have full responsibility for the use of the Services. vpsopenvz.com keeps daily, weekly and monthly backups, but it further recommends clients to keep their own backups, considering this is an additional and free-of-charge service. Even considering that the backups are guaranteed, they cannot be fully checked for confirmation of every file or directory. vpsopenvz.com is not liable for the loss of any files and/or information.
At the client’s request, the Agreement may be terminated subject to a 30-day prior notice. The termination requests will not be accepted as long as there are outstanding amounts in your account. The termination requests will be filed in writing, and not by phone, live chat, etc.
In the event the client requests termination of the Agreement (except for the right to withdrawal) with no fault on the part of vpsopenvz.com, the annual price calculated and paid in advance by the client for the full year shall not be reimbursed, any difference being retained by vpsopenvz.com as damages in consideration of the fact that the client enjoyed a discount for making the payment in advance. Either vpsopenvz or the client may terminate the Agreement (without prejudice to their other rights) if the other party commits a material breach of the Agreement (including without limitation, a breach of the Acceptable Use Policy by the client).
Uptime (Service Availability)
vpsopenvz.com guarantees an uptime of 99.9%. Should the Services not meet the 99.9% uptime level, vpsopenvz may offer a month of free Services. The gratuity can be claimed by contacting the payment department by email at [email protected], and we may approve such request at our discretion. The uptime of our servers is defined under the OS reports and our own monitoring systems, which means that it can be different of the uptime reported by other monitoring systems.
None of the parties shall be accountable for non-performance of its contractual obligations should such non-performance be due to an event beyond its control, in accordance with the applicable legislation.
The agreement is governed by the Romanian law. Any potential disputes occurred between vpsopenvz.com and the Client will be settled amicably, failure which the disputes are referred for settlement to the Romanian courts of jurisdiction.
All the materials contained in this website are intellectual property of vpsopenvz.com. These materials can be neither copied, nor reproduced. Nevertheless, the full pages of the website can be printed out, provided such is done for personal purposes only.
In addition to the Terms and Conditions above, term of the service acquired by the Client, vpsopenvz.com can enter also into additional service provision agreements, in which case the conditions thus set will be also applicable between the parties. Thus, the Terms and Conditions amount to a master agreement which can be subsequently amended by agreement of the parties under additional executed agreements or appendices.