Terms of Service

 

These Terms of Service (“Terms”) govern your use of the hosting services (“Services”) provided by ChartVPS Technologies Inc. (“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:

    • Services may be suspended after 5 days.

    • Services may be terminated after 10 days.

  • Chargebacks: Fraudulent disputes or repeated payment failures may result in suspension or termination.

  • Responsibility: You must keep billing details current.


5. Refund Policy

  1. General Rule: All fees are non-refundable except as expressly provided below.

  2. 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.

  3. 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.

  4. 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.

  5. 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.

  6. 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

  1. 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.

  2. 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.

  3. Plan Changes: You may upgrade or downgrade at any time. Any unused portion of prepaid fees will be credited to the new plan.

  4. 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.


8. Limitation of Liability

To the fullest extent permitted by law:

  1. 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.

  2. No Indirect Damages: We are not liable for indirect, incidental, special, or consequential damages, including loss of profits, data, or business opportunities.

  3. 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.

  4. 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.


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.

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