Company details
Provider: Hostingway B.V., trading as BuyVPS.com
Address: Vlierweg 12, 1032 LG Amsterdam, The Netherlands
KVK: 98861468. VAT: NL868675179B01
Support: info@buyvps.com. Abuse: abuse@buyvps.com. Legal: legal@buyvps.com. DSA: dsa@buyvps.com. Security: security@buyvps.com
Short summary
This summary is for convenience only. The full text controls.
- Services are unmanaged by default unless Managed Services are explicitly ordered.
- The Customer is responsible for configuration, access control, updates, and hosted Content.
- Immediate action may be taken in case of Abuse, security risk, legal risk, sanctions risk, KYC failure, or non-payment.
- Liability is limited to the maximum extent permitted by law and capped to 1 month of Fees for the affected Service.
- Dutch law governs. The competent court in Amsterdam has jurisdiction, subject to mandatory consumer rules.
Definitions
| Term | Meaning |
|---|---|
| Account | Customer account and all associated users, credentials, API keys, tokens, and permissions. |
| Affiliate | Entity that controls, is controlled by, or is under common control with a party. |
| Affiliate Partner | Person or entity in any referral, affiliate, reseller, partner, or lead program. |
| Abuse | Use that violates these Terms, incorporated policies, applicable law, or creates material harm or risk. |
| Content | All data, code, software, text, images, databases, backups, and materials stored or transmitted using the Services. |
| Customer | Legal entity or natural person that enters into the contract and holds the Account. |
| Fees | All amounts payable for the Services, excluding refunds required by mandatory law. |
| KYC | Identity, business verification, beneficial ownership verification, and related due diligence checks. |
| Managed Services | Only services explicitly listed as managed in the Order with a defined scope. |
| Order | Online order, order form, or written confirmation specifying the Services. |
| Provider | Hostingway B.V., trading as BuyVPS.com. |
| Services | VPS, infrastructure, networking, IP addresses, storage, backups, and related services delivered under the Order. |
| VPS | Virtual private server and allocated compute, memory, storage, and network resources. |
Controlling language, applicability and contract formation
4. Controlling language: English version is governing. Translation provided for convenience.
5. Applicability: Terms and conditions for all Orders, all Accounts (where applicable), all Affiliate Partner activity and use of the Services by Customer hereunder. All Customer procurement terms and conditions shall not apply unless expressly agreed by Zeroth in writing. The documents constituting the agreement between Zeroth and Customer shall be in the following order: (i) Zeroth's Order confirmation; (ii) the Service Level Agreement; (iii) the Data Protection Addendum; (iv) these Terms and Conditions; and then followed by all other current policies and procedures as set out on the Site from time to time. All clauses in these Terms and Conditions
6. Contract formation: Contract of the Provider is confirmed with the confirmation of an Order by the respective Provider or the start of service(s) for this contract by the Provider. The Customer confirms that he is a fully age of legal capacity person and is able to enter into a legally binding contract. Customer verification as well as KYC verification might be required for activation of the contract by the Provider. Verification process of Customer data might require some time to be completed by the Provider. Verification of the following data of the Customer in the verification process of Customer data: identity of natural person and/or legal entity, address, company data, VAT-ID, beneficial owner. Refusal of KYC verification or failure to provide required information for verification of Customer data might cause delays, restrictions, suspension or even termination of the contract.
Services and customer obligations
7. Services: The Provider supplies the Services as set out in the Order. These are provided on an unmanaged basis, unless specifically stated to be part of the Provider's Managed Services. For all Services provided, including the VPS (server(s), etc.), installation, configuration, maintenance, scheduling of patches and hardening will all be the responsibility of the Provider, unless specifically listed as Managed Services in the Order for each instance. The scope of any Managed Services will be as outlined for each service. The Provider reserves the right to make any necessary modifications to the Services, as required for reasons including security, reliability, performance and compliance.
8. Customer obligations: Credentials, keys and tokens must remain confidential and only used with due care. Such credentials, keys and tokens must be revoked as soon as possible if there is even a suspicion that they may have been compromised. Baseline for Protecting Against Proxys/Relays: keep all exposed services up to date with latest patches and hardening. Limit administrative access. Administrative interfaces should not be exposed without adequate protection. NEVER operate an open proxy or open relay. Services from risky accounts may be restricted or put on hold.
Acceptable use, notice and network management
Terms and Conditions Acceptable Use Policy are part of the Terms of Service for this site. Terms of Service are serious. So please don't use this site for: malware, botnets, ransomware, login information theft and password guessing. Also don't try to take down a network or to impair others use of the network. Phishing, impersonation and other forms of fraud are also prohibited on this site. Crypto mining, proof-of-work mining as well as Residential proxy products are not permitted on this site.
10. Notice and action: report with IP, port, URL, time and evidence to abuse@buyvps.com or dsa@buyvps.com to handle on the spot to mitigate any potential damage.
11. Network management: Traffic can be managed in order to protect network. DDoS mitigation and filtering can be applied. Specific protocols/ports can be blocked should excessive risk be identified. APIs/automation can have rate limits applied.
Data, privacy and backups
12. Data and privacy: The Customer shall at all times retain control and bear the responsibility for the Content (including as to the legality thereof and as to any required permissions) and for Account information (including for billing purposes, compliance, fraud prevention, KYC and Abuse purposes etc). For Content, the Customer shall be the controller of such information and we shall be the processor of such information. For Account information and other information (as referred to above), we shall be the controller of such personal data. All such personal data processing shall be conducted in accordance with Privacy Policy and, where applicable, the DPA.
13. Backups: Backups are either included in your plan as specified or are chargeable as an additional service. We shall perform a backup and then attempt to restore your data from the backup so far created. As with all things it is always best to keep your own independent backups of critical data for as long as is required. We cannot guarantee that all of your data will be included in the backup, nor that all of the data will be able to be restored from the created backup in the event of a data loss incident.
Availability, IP addresses and platform fairness
14. Availability: We have maintenance scheduled from time to time which means service will be unavailable from time to time. The Uptimes referred to in this page are Uptimes for customers with an active SLA. If you are experiencing unavailability and you have an active SLA you will be able to claim Service Credits for the downtime.
15. IP addresses: IP addresses are assigned to you and under our control. We can change or re-claim your IP(s) for reasons of Abuse, your company's reputation, routing, unavailability, or compliance reasons. rDNS is a plan feature.
16. Platform fairness: For reasons of security The Provider is entitled to limit the use of the VPS's CPU, I/O commands and/or the VPS's network bandwidth in a fair manner in relation to all other customers of The Provider. Furthermore The Provider reserves the right to perform the following actions on your VPS at any time: Migrate the VPS, Reboot the VPS, Isolate the VPS from other servers on the network, Put the VPS into a stable / secure state (e.g. for maintenance / troubleshooting etc.) and/or for any other reason as deemed necessary by The Provider from time to time in order to comply with The Provider's policies and procedures.
Pricing, suspension, fees and refunds
17. Pricing: Fees for any additional services you order shall be payable at the time of your order for such services. All fees for any such services plus any active and outstanding fees for all other subscription services that PHO offers and which we shall provide prior to and as part of our provision of the services that you have ordered, shall be charged at the time of your order for such services. Your subscription(s) to any such paid for services shall automatically, and until you cancel your subscription(s) to such services, be charged annually renewed and remain in full force and effect until you cancel your subscription(s) in accordance with our Cancellation Policy. Any fee that is late in payment, for whatever reason, may, at our discretion, result in your payment method being 'frozen' and your services being 'suspended'. Such late paid for fees and services are paid for and are non-refundable except as otherwise required by law to be refunded.
18. Suspension: Services may be restricted or suspended for non-payment, Abuse, security risk, legal compliance, sanctions risk, KYC failure, or upstream requirements. Services may be terminated for material breach or repeated violations.
19. Administrative Fees: Minimum EUR 15 per case. Additional work at EUR 175 per hour. Scenarios include refund requests, fraud investigations, chargebacks, compliance actions, Abuse handling, KYC review, delisting work.
20. Refunds: Refund requests may be refused or delayed if there is suspicion of fraud/abuse/sanctions risk/chargeback risk/KYC risk. We reserve the right to reduce the Refund Amount for any incurred Fees together with any applicable Administrative Fees. Refunds will be processed back to the payment method(s) used for the corresponding payment(s) being refunded.
Third party, software, email and security testing
21. Third party: Services are built on top of a number of datacenters, transit networks, DDoS mitigation systems, storage systems, domain name registries, and a number of different payment processors. We will attempt to relax any restrictions that are imposed by upstream systems, and work around failures of third-party services where possible.
22. Software: The customer is responsible for compliance with the license terms for any Customer supplied software. Windows is not currently available. When Windows does become available it will be possible to order it from the Provider service page.
23. Email: Emails that you send out may not even be sent. The type of email that is sent out from a network is called out bound email. Typically SMTP / out bound email is blocked on a network to help protect the email reputation of the network. This block can be removed if desired.
NO Security scanning / testing is NOT ALLOWED unless prior written approval has been granted by 24. Security testing:. Any unauthorized testing would be a breach of terms and conditions of use and would be a material breach. Please report any security issues to security@buyvps.com.
Content, sanctions, law enforcement and legal terms
25. Content authority: Lawful authority evidence required for Where Content contains third-party personal data or other regulated data. Disabled if no evidence provided for that Content.
26. Sanctions: By opening an account (hereinafter referred to as "Customer"), Customer represents and warrants to Bank and to any other party who may access accounts of Customer, any users of any such accounts and all of the beneficial owners of any such accounts (hereinafter referred to as "Account Parties") that no Account Parties are subject to any sanctions in any jurisdiction worldwide. Furthermore, Customer acknowledges and agrees that Bank in its sole discretion and without prior notice to Customer may at any time (i) refuse to open an account or to provide Bank's services to Customer; or (ii) suspend, limit or terminate any of the services Bank is providing to Customer, if in Bank's reasonable opinion, the provision of any services to all of Bank's services to Customer would, or might, violate any applicable sanctions.
27. Law enforcement: Process Legal requests and disclose information as required by law.
28. Affiliate: Participation in marketing campaigns will be on an approved basis only (e.g. no spam, no deception, no cloaking etc.). Also, no brand bidding on Provider's brand terms.
29. Data export: All data which Customer has exported and which is no longer required by Customer shall be deleted by Customer in due course after termination.
30. Intellectual property: Terms for use of Provider's Platform. Provider shall continue to have right to use the Platform for purpose of providing Service and Customer shall continue to have right to use Content. As Customer and Provider are entering into these Terms and Conditions and Customer is allowing Provider to provide Service, Customer hereby grants to Provider a limited license to use Content, to host Content on Provider's servers and to process Content on Provider's servers.
31. Confidentiality: All information disclosed by (the "Confidential Information") shall be treated by the receiving party or its advisors on a strictly confidential basis. Such information shall remain subject to the terms and conditions of this letter (as amended from time to time) unless required by law to be disclosed.
32. Liability: Liability for damages of every kind (including consequential damages, such as but not limited to loss of revenue, profits, business or data) is not accepted and is in any case outside the control of the Company and shall be governed by law. Where direct damages are incurred by us our liability shall be limited to the Fees charged for the specific Service or Services concerned in the one (1) month period prior to the circumstances giving rise to our liability.
33. Indemnity: The Customer shall at all times indemnify and keep indemnified the Provider and its officers and employees from and against any and all Claims and Expenses whatsoever (whether threatened or made) in connection with the Customer Content, the Customer's failure to comply with any of the Terms and Conditions hereof, any security failure whether authorized or not, and any other breach by Customer of any law, regulation, by-law or similar requirement.
34. Force majeure: No liability arises for failure to perform due to events beyond reasonable control.
35. Assignment: Assignement / Subcontracting: The Provider of Obliq (hereinafter referred to as the Provider) is entitled to assign and/or to subcontract any of the obligations and duties towards the Customer to third parties. Customer's are not entitled to assign any of their rights and obligations towards the Provider or any of its affiliates to third parties without prior written approval of the Provider in advance.
36. Changes: We will update this document with new version numbers, effective dates, etc. Significant changes to these Terms of Use will be announced on this site. By using this site you are agreeing to these current Terms of Use.
37. Notices: - Operational notices (outages, maintenance etc) sent to users by email. Operational notices (outages, maintenance etc) posted on customer account portal and status page. Legal notices sent to legal@buyvps.com. Abuse issues sent to abuse@buyvps.com. DSA issues sent to dsa@buyvps.com. Security issues sent to security@buyvps.com.
38. Governing law: Terms and conditions For these Terms and conditions Dutch law shall apply. The Dutch court in Amsterdam shall have exclusive jurisdiction. Other provisions in Dutch consumer law can grant jurisdiction to another court in specific cases.
Consumer annex and survival
39. Consumer annex: Mandatory provisions concerning the consumer protection shall apply in case the Customer is a consumer. Deviations from the mandatory provisions of the consumer protection only to the extent that mandatory provisions are in question.
40. Survival: The following sections survive termination: 10, 11, 12, 15, 16, 17, 18, 19, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, 35, 38, 40, and payment obligations.
Related documents
Data Processing Agreement, Subprocessor list, Cookie Policy, Acceptable Use Policy, Privacy Policy.
Terms and conditions
Frequently asked questions about BuyVPS terms of use and service agreements.