Terms and conditions
Effective date: 17 February 2026. Version 2.2. Controlling language: English.
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: The English version is the controlling version. Any translation is provided for convenience only.
5. Applicability: These Terms apply to all Orders, Accounts, Affiliate Partner activity, and use of the Services. Customer procurement terms are excluded unless expressly accepted in writing. Document order: Order confirmation, SLA, DPA, these Terms, incorporated policies. Invalid clauses do not affect the rest.
6. Contract formation: A contract is formed when the Provider confirms the Order or activates the Services. The Customer represents legal capacity and authority. Verification and KYC may be required. Activation may be delayed until verification is completed. KYC may include identity, address, company registration, VAT, beneficial ownership. Evidence may be requested. KYC refusal or failure may result in delayed activation, restrictions, suspension, or termination.
Services and customer obligations
7. Services: The Provider supplies the Services as described in the Order. Unmanaged by default. Unless Managed Services are explicitly included, responsibility includes installation, configuration, patching, hardening, backups, and security monitoring inside the VPS. Managed Services scope is only what is explicitly listed. Technical changes may be made for security, reliability, performance, or compliance.
8. Customer obligations: Credentials, keys, and tokens must be protected and kept confidential. If compromise is suspected, credentials must be rotated without delay. Baseline: keep exposed services patched and hardened, limit administrative access, avoid exposing administration interfaces without adequate protection, do not operate open proxies or open relays. Services may be restricted or suspended if an Account presents a security risk.
Acceptable use, notice and network management
The Acceptable Use Policy is part of these Terms. A breach is a material breach. Prohibited activity includes malware, botnets, ransomware, credential theft, unauthorized access, brute force, DDoS, phishing, impersonation, fraud, illegal Content, and activity that materially disrupts the network or other customers. Crypto mining and proof-of-work mining are not permitted. Residential proxy products are prohibited.
10. Notice and action: Report via abuse@buyvps.com or dsa@buyvps.com. Include IP, port, URL, timestamps, and evidence. Immediate action may be taken to prevent harm.
11. Network management: Traffic may be managed to protect the network. DDoS mitigation and filtering may be applied. Protocols or ports may be blocked when disproportionate risk exists. Rate limits may apply to APIs and automation.
Data, privacy and backups
12. Data and privacy: The Customer controls Content and remains responsible for legality and permissions. For Content, the Customer typically acts as controller and the Provider as processor. For Account, billing, compliance, fraud prevention, KYC, and Abuse handling, the Provider acts as controller. Personal data is handled under the Privacy Policy and, where applicable, the DPA.
13. Backups: Backups are included only if explicitly part of a plan or ordered as an add-on. Backups and restores are best effort. Independent backups remain required for critical data. The Provider is not responsible for data loss caused by Customer actions, misconfiguration, compromised credentials, malware, or third-party software.
Availability, IP addresses and platform fairness
14. Availability: Maintenance may occur and can affect availability. Any uptime commitment applies only if an SLA is purchased. Where an SLA applies, Service Credits are the exclusive remedy for unavailability.
15. IP addresses: IP addresses are allocated for use and remain under Provider control. They may be replaced or reclaimed due to Abuse, reputation issues, routing policy, scarcity, or compliance. rDNS may be provided depending on plan.
16. Platform fairness: The Provider may apply CPU throttling, I/O limits, network shaping, or other fairness controls. A VPS may be migrated, restarted, isolated, or placed into a safer state for stability, security, or compliance.
Pricing, suspension, fees and refunds
17. Pricing: Fees are as stated at time of purchase. Services are billed in advance. Subscriptions renew automatically unless cancelled. Late payment may lead to restriction or suspension. Fees are non-refundable except where mandatory law requires otherwise.
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 where fraud, Abuse, sanctions risk, chargeback risk, or KYC risk exists. Amounts may be reduced by Fees incurred and Administrative Fees. Refunds are processed through the original payment method.
Third party, software, email and security testing
21. Third party: Services depend on datacenters, transit providers, DDoS mitigation, storage, registries, and payment providers. Upstream restrictions may require changes. Where third-party failures occur, remediation is best effort.
22. Software: The Customer is responsible for software license compliance. Windows is not currently offered. If Windows becomes selectable, it must be ordered through the Provider service page.
23. Email: No guarantee is provided regarding inbox placement or deliverability. SMTP and outbound email may be restricted by default. Restrictions may be applied to protect network reputation.
24. Security testing: Security testing and scanning are not permitted unless prior written approval is granted. Unauthorised testing is a material breach. Report issues to security@buyvps.com.
Content, sanctions, law enforcement and legal terms
25. Content authority: Where Content includes third-party personal data or regulated data, evidence of lawful authority may be requested. If not provided, Content may be disabled.
26. Sanctions: The Customer represents that the Customer, users, and beneficial owners are not subject to sanctions. Services may be refused, suspended, limited, or terminated immediately if sanctions risk exists.
27. Law enforcement: Legal requests are handled in accordance with applicable law. Disclosure may occur where required by law.
28. Affiliate: Participation requires approval. Prohibited marketing includes spam, deception, cloaking. Brand bidding on Provider brand terms is prohibited.
29. Data export: Data export is the Customer responsibility. Content may be deleted after a reasonable period following termination.
30. Intellectual property: The Provider retains all rights in its platform. The Customer retains rights in Content. A limited license is granted to the Provider to host and process Content solely to deliver the Services.
31. Confidentiality: Confidential information must be kept confidential. Disclosure is permitted where required by law.
32. Liability: Liability is limited to the maximum extent permitted by law. Indirect and consequential damages are excluded. Total liability for direct damages is limited to Fees paid for the affected Service during the 1 month preceding the event.
33. Indemnity: The Customer will defend and indemnify the Provider against third-party claims arising from Content, breach of these Terms, security failures, or violation of law.
34. Force majeure: No liability arises for failure to perform due to events beyond reasonable control.
35. Assignment: The Provider may assign or subcontract. The Customer may not assign without prior written consent.
36. Changes: These Terms may be changed with versioning and an updated effective date. Material changes will be announced. Continued use constitutes acceptance.
37. Notices: Operational notices via email, account portal, or status page. Legal notices to legal@buyvps.com. Abuse to abuse@buyvps.com. DSA to dsa@buyvps.com. Security to security@buyvps.com.
38. Governing law: Dutch law governs. The competent court in Amsterdam has jurisdiction, except where mandatory consumer law provides otherwise.
Consumer annex and survival
39. Consumer annex: If the Customer qualifies as a consumer under applicable mandatory law, mandatory consumer protections apply. Any conflicting clause is adjusted only to the minimum extent required.
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.