These Terms of Service (“Terms”) govern your use of the hosting services (“Services”) provided by Nitrode Corporation O/A ChartVPS Technologies (“ChartVPS,” “we,” “our,” “us”). By ordering, accessing, or using our Services, you agree to these Terms.
1. Eligibility
You must be at least 18 years old and legally capable of entering into contracts to use our Services.
2. Account Registration
You agree to provide accurate information when registering and to maintain its accuracy. You are responsible for maintaining the confidentiality of your account credentials and for all activities under your account.
3. Acceptable Use
You agree not to misuse our Services. Prohibited activities include, but are not limited to:
Illegal use, including copyright infringement, fraud, or distribution of malicious code.
Activities that disrupt or overload network, servers, or infrastructure.
Hosting content that is abusive, obscene, or promotes violence.
We reserve the right to suspend or terminate accounts engaged in prohibited use.
4. Billing & Payment Policy
Prepayment: All Services are prepaid. Payment is due in full before the service term begins.
Pricing: Pricing may change for subsequent terms. Your current prepaid term remains unaffected.
Nonpayment: If payment is not received by the due date:
Chargebacks: Fraudulent disputes or repeated payment failures may result in suspension or termination.
Responsibility: You must keep billing details current.
5. Refund Policy
General Rule: All fees are non-refundable except as expressly provided below.
Cancellation Without Cause by ChartVPS: If we terminate your Services without cause, you are entitled to a prorated refund for the unused portion of your prepaid term.
Defective Service: If Services materially deviate from their description or fail to meet our Service Level Agreement (SLA), you may request a refund within 30 days. Verified claims may result in a partial or full refund, at our discretion.
Idle or Lightly Used Servers: Because dedicated hardware and infrastructure are allocated to each client regardless of actual usage, lightly used or idle servers still incur operational costs. Therefore, no refunds are issued due to low usage or inactivity.
Process: Refund requests must be submitted through a support ticket with details and evidence. If approved, refunds are issued to the original payment method within 14 business days.
Policy Changes: We may modify this Refund Policy at any time. Refunds will be honored according to the policy in effect at the time of purchase.
6. Termination & Cancellation
By ChartVPS: We may suspend or terminate Services immediately for violations of these Terms. If we terminate without cause, you may receive a prorated refund of prepaid fees for the unused portion.
By You: You may cancel at any time through your account or by contacting support. Prepaid fees are non-refundable except as described in the Refund Policy. Services remain active until the end of the prepaid term.
Plan Changes: You may upgrade or downgrade at any time. Any unused portion of prepaid fees will be credited to the new plan.
Auto-Renewals: Services renew automatically unless cancelled before the next billing cycle.
7. Service Availability
We strive for high availability but do not guarantee uninterrupted service. Planned maintenance will be communicated in advance where possible. Our SLA outlines specific uptime commitments.
7A. Third-Party Services
The Services may rely on or interoperate with third-party networks, data centers, software, or service providers. ChartVPS is not responsible for the availability, performance, or security of third-party services and shall not be liable for any failures or interruptions caused by such third parties.
8. Limitation of Liability
Exclusive Remedy. To the fullest extent permitted by law, the remedies expressly set forth in these Terms are your sole and exclusive remedies for any claim related to the Services. ChartVPS’s total liability for any claim related to the Services will not exceed the amount you paid in the 12 months preceding the claim.
General Cap: ChartVPS’s total liability for any claim related to the Services will not exceed the amount you paid in the 12 months preceding the claim.
No Indirect Damages: We are not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities.
Trading & Automation Disclaimer: You acknowledge that any trading activity, algorithmic execution, financial strategy, or automation you run on our servers is solely at your own risk. ChartVPS does not provide investment advice or guarantee trading outcomes. We are not liable for trading losses, missed opportunities, failed executions, or damages resulting from the use of our Services for trading or automation.
Service Interruptions: While we strive for high availability, interruptions may occur. We are not liable for losses (financial or otherwise) resulting from downtime, latency, network instability, or server unavailability.
8A. No Warranties
The Services are provided on an “as is” and “as available” basis. To the fullest extent permitted by law, ChartVPS disclaims all warranties, whether express, implied, statutory, or otherwise, including without limitation any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. ChartVPS does not warrant that the Services will be uninterrupted, error-free, or meet your specific requirements.
8B. Data Responsibility
You are solely responsible for the content, accuracy, legality, and security of any data you upload, store, process, or transmit using the Services. ChartVPS does not guarantee the preservation, integrity, or availability of customer data and is not responsible for data loss, corruption, or unauthorized access except to the extent required by applicable law and expressly set forth in a written Service Level Agreement.
9. Indemnification
You agree to indemnify and hold harmless ChartVPS, its officers, employees, and affiliates against any claims, damages, or expenses arising from your use of the Services or violation of these Terms.
10. Governing Law
These Terms are governed by the laws of Ontario, Canada, without regard to conflict of laws principles. Any disputes will be resolved exclusively in the courts of Ontario.
11. Changes to Terms
We may update these Terms at any time. Continued use of Services after changes take effect constitutes acceptance of the revised Terms.
12. Force Majeure
ChartVPS shall not be liable for any failure or delay in performance resulting from events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, labor disputes, power failures, internet outages, supplier failures, or governmental actions.
