Terminology
The following terminology applies to these Terms and Conditions: “Client”, “Customer”, You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. “The Company”, “Ourselves”, “We”, “Our” and “Us”, refers to our Company. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. “VPS”, “Product” or “Service” refers to Virtual Private Servers.
“The Company” is Kieran Cairns trading as Vimly Digital at Portland House, Belmont Business Park, Durham, County Durham, DH1 1TW, United Kingdom.
All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of . Any use of the above terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to same.
Indemnification
You agree to use all our services and facilities at your own risk. We specifically disclaims all warranties of merchantability and fitness for a particular purpose. In no event shall we be liable for any loss, or loss of data, or other commercial damage, including but not limited to special, incidental, consequential or other damages.
Unless required by applicable law, our services are provided on “AS IS” BASIS, WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, either express or implied.
Delivery of Services
Whilst we aim to deliver all services instantly, this is not always possible. Particularly, when we have limited capacity to provision new VPS orders, or an account needs to be screened for fraud protection (generally the first order).
We reserves the right at our sole discretion to refuse or cancel any service for any reason.
We endeavor to set-up all new VPS orders within 1 office hour, subject to us having the capacity to provision the services, and the account not needing fraud screening.
Accounts are less likely to require fraud screening if: The full postal address can be validated as existing, external records show you are registered living at or using the address specified and we can reach you by phone and email successfully.
Additionally, to prevent new orders being held up you should make sure your payment email matches the one registered on your account, and the same shipping/delivery address is supplied by the merchant (I.e PayPal).
No Services Available
In the event that we do not have any VPS’s available for provisioning, you will be given the opportunity to wait for stock to become available, to revise your order size, or to cancel your whole order.
If you choose to change the size of your order, or wait for stock to become available, where applicable you will be provided account credit against future invoices, for each whole calendar day you are waiting.
In the unlikely event that we have no stock available after 5 calendar days, we reserve the right to cancel your order in full, and issue a refund to your original payment method. If we are unable to refund to your original payment method, we will instead provide you account credit to be redeemed towards future orders. You will be given the opportunity to provide payment details for a manual refund on request, however this must be through the original payment method.
Acceptable Use Policy
Any violation of either, the acceptable use policy or any other rules, regulations or policies within this policy may serve as cause for us to suspend or terminate your account. You agree that we have the right, with or without notice, to suspend or terminate your account upon the first or subsequent violation of our acceptable use policy.
Any attempt to circumvent a suspension or termination will result in your access to our services being permanently withdrawn, with immediate effect.
Any content hosted with us, must be legal in the country you (the client) resides in and the location your VPS is hosted. We currently host VPS services in the following locations: Luxembourg, Canada & United States. Please contact us if you would like to find which location your service is hosted in.
We reserve the right to assist law enforcement in any investigations relating to your conduct when using our services. However, this right will only be exercised if either ourselves, or our service partners are provided with appropriate warrants by law enforcement personnel.
The following activities are strictly forbidden:
- Using a significant amount of resources, in such a way it negatively effects the quality of service for other clients.
- Sending communications by email, without consent from the other party. If you are knowingly taking part in, or assisting in this offense, your service may be permanently terminated without notice and your account closed.
- Uploading or otherwise making available malicious or harmful content.
- Using the service in an attempt to break security, or so as to actually break security of any computer network (including the Service itself), or to access an account, message, or file which does not belong to you.
Additionally, you must do the following:
- Provide complete and accurate contact details including: name, address, telephone number and email address.
- Be aware we do not accept P.O Boxes or forwarding address. You must provide us a valid business or residential address where you can prove you reside.
- Notify us if you need to change any of your contact details.
- Hold no more than 1 client account, unless authorisee by our management team.
- Not allow anyone else to access your account or share your password.
- Immediately notify us if you suspect a security breach.
- Treat our staff with respect (Do not swear, make unreasonable requests or ignore advise)
- Not misuse our services (I.e expecting something from our services that we do not offer)
Account Balance
You may choose to hold an account balance (also referred to as account credit), which allows you to pay for products and services without us keeping your payment details on file.
The account balance service is subject to the following terms:
– The minimum deposit is £5
– The maximum deposit is £50
– The maximum balance you can hold is £100
– You can not add account credit without having an active service.
– Any invoices will be automatically paid, if you have sufficient account credit
Withdrawal Terms
– We do not generally permit withdrawals as account credit is non-refundable. Our management team may allow a withdrawal on a case by case basis if you have extenuating circumstances.
– Pre-Approved withdrawals are subject to a charge of £1 or 10% of the balance (whichever is greater). This will be deducted from the amount withdrawn.
– Withdrawals can only be paid into UK Bank Accounts or via PayPal. We do not support withdrawals through any other payment provider.
Withdrawal Exemptions
If you have account credit, as the result of us cancelling your service (through no fault of your own), you will be entitled to have this paid to you, through the same provider as you originally used to pay.
In the case of Bitcoin, you will be refunded the amount of the invoice in standard currency, and not how many bitcoins you paid.
Telecommunications
You agree that, should you use the Service to send or receive voice communications, we do not act as a telecommunications carrier or telephone , that there is no representation made by us under any circumstances as to the suitability of the Service for such use, and that all risk of connection, transmission quality, and accuracy of communications is solely on you, and that we have no liability of any sort for the failure or lack of quality of such use of our services.
Backups
You understand that you will remain solely responsible for taking backups of your account. We do not guarantee that any self-generated backups will be error free, and customers are responsible for making sure their backups contain all the files they require. Vimly Digital and it’s partners will not and can not be held liable, if the failure of a backup causes you direct, or indirect financial loses.
We offer the opportunity to pay for automated backups, however we can not guarantee these will be error free and/or accessible due to potential technical issues.
Office Hours
Our team is available during the following office hours:
Monday-Saturday: 11AM-11PM (UTC)
Sunday: 11AM-5PM (UTC)
We are closed on the following annual holidays: Christmas Day, Boxing Day & New Years Day.
We endeavor to respond to all support tickets within one office hour. Where staff are available, we will provide support outside of these hours.
The service is constantly monitored and urgent tickets will be worked on outside of office hours if required. However, you may not receive an update until the office re-opens.
Sales/Billing tickets & emails will be responded to within one working day.
PCI Compliance
Our services are not designed for usage by companies that carry out services that require PCI Compliance. Therefore, we do not have our servers audited for compliance. If you use our services for processing of financial information despite this warning, do be aware that we will not accept any liability for damages caused by your misusage of our services.
Early Termination
We reserve the right to terminate any accounts during their period for any reason, including but not limited to retaining financial viability, server stability or overall integrity of the service. In the event of a no fault service termination, we will provide a minimum of 30 days notice (on annual accounts) & 5 days notice (on monthly accounts) and refund the value of all remaining service.
In the event a customer choose to terminate their account early, they will not be entitled to a refund for the remaining period of service, unless specified elsewhere in this agreement.
Accounts canceled as a result of terms of service violations are not entitled to the notice period or any form service refund.
The account owner is responsible for obtaining backups of their account during their notice period and canceling any automated subscriptions.
Payment Failures & Late Fees
If we are unable to process your recurring payment, you will receive a failed payment email and/or an overdue invoice reminder.
If you do not arrange to make a payment on or before your service expires, we will reserve the right to place a late fee of 25% on your invoice. On first occurrences, we may reduce the late fee to a minimum of 10%.
Services that remain unpaid after 2 calendar days will be subject to cancellation. Once a service has being cancelled you will be unable to access your VPS or any data stored on it.
Account Closures & Reactivation Fees
We reserve the right to close your acccount if you do not pay your invoices on time. Whilst an account closure will not prevent you from logging in, we will not approve any orders.
If you wish to reactivate your account you must contact our management team either by email or ticket. Your account may be subject to a reactivation charge, which will be up to the value of the late payment fee on your latest invoice, unless this amount was under £10 GBP.
In the event the last late payment fee on your account was less than £10 GBP, you will be charged £10GBP.
Once this charge has being paid, we will re-activate your account and it will be in good standing status.
Automated Renewals
We offer the opportunity for you to give us permission to automatically charge you when your account becomes due.
We currently support automatic renewals if you pay either via Direct Debit or PayPal. If for any reason an automatic renewal fails, our late payment fees policy will come into effect.
Renewal Prices
We use all reasonable endeavors to keep your renewal price unchanged. However, we reserve the right to alter our prices or introduce additional charges at any time and will notify you of any alteration by providing you with a written notice. Notice of any price alteration will be sent via email to the email address that we hold for you in our account.
If you have already purchased a service, then the price alteration will only become effective when the service reaches the end of its current term. Automated renewals at the incorrect rate are void, unless indicated otherwise by management.
Billing Currency
Clients can choose to be billed in GBP, USD, EUR or INR. The default currency is GBP. VAT / Sales Tax is not charged on any services.
Payment Methods
We currently support the following payment methods: PayPal, Direct Debit, UK Bank Transfer & Bitcoin.
Please be aware bank transfers must be manually checked by our team, and this can take up to 24 hours. You are advised to submit a ticket once you have made payment to aid with this process.
Bitcoin payments may take up to 3 hours to process, depending on how busy the payment network is.
Your invoice will change to paid once the payment has processed. Please be aware when using bitcoins you will be subject to a transaction charge, which is beyond our control.
Cancellation Procedure
Customers may at any point decide to cancel their services with or without any prior notice or reason. We require all customers to follow our official cancellation procedure, which require customers to login to the account management portal, select the service they wish to cancel, and then select ‘cancel service’ in the side bar. Only once you click the submit button on the following page, and you recive a message your cancellation has being received, will it be deemed valid.
Please be aware Services will be terminated within 24 hours of your cancellation request and accounts can not be restored after this period has passed. Additionally, it is the account holders responsibility to obtain any data they require before requesting cancellation.
It is your responsibility to cancel any recurring payments through PayPal or Direct Debit. You will not be entitled to a refund or compensation of recurring fees paid after account cancellation if you failed to cancel them.
Refunds & Money Back Guarantee
We offer a 7 day money back guarantee on your first VPS order. Please be aware as VPS’s are a bespoke service, any refund will be on a pro-rata basis.
This means we will calculate an equivalent daily charge for your order and deduct the days you have used, before issuing a refund.
Refunds will be made to your original payment method where possible. If this is not possible, we will issue you an account credit which can be withdrawn to your original payment method, subject to us being provided the appropriate information required to do so.
Accounts canceled as a result of terms of service violations are not entitled any form of service refund.
Payment Disputes & Chargebacks
Payment disputes including chargeback are subject to a minimum £50 GBP Administration Fee in addition to fees charged to us by the payment processor. Additionally, your account will be subject to termination without notice.
Severability
In the event any one or more of the provisions of this agreement shall be held to be invalid, illegal or unenforceable, the remaining provisions of this agreement shall be unimpaired and the terms shall not be void for this reason alone. Such invalid, illegal or unenforceable provision shall be replaced by a mutually acceptable valid, legal and enforceable provision, which comes closest to the intention of the parties underlying the invalid clause.
Amendments
These Terms and Policies may be amended in any respect at any time by us, upon the posting of the amended Terms and Policies on the terms of use section of the Service. Your continued use of the Service will be deemed consent to any such amended Terms and Policies. If you do not wish to continue to use the Service as a result of any such amended Terms and Policies, you may provide notice of your wish to terminate your use of your services with us through our cancellation form.