Terms of Service

1. Definitions

Customer: The individual or entity purchasing or using VirtCloud services.
Consumer: A Customer who is a natural person acting for purposes outside their trade, business, craft, or profession.
VirtCloud: The hosting provider offering services as defined in these Terms, registered with the Dutch Chamber of Commerce (KVK) under number 94477353.
Services: All products and services offered or provided by VirtCloud, now or in the future, including but not limited to game server hosting, virtual private servers (VPS), web hosting, code hosting, and custom solutions. Additional services may be offered at the discretion of VirtCloud to meet evolving client needs.
Website: The VirtCloud website where services are purchased or managed.
Client Account: The customer account registered in the VirtCloud client area at billing.virtcloud.net, through which Services are ordered, billed, and managed.
Authorized User: A person whom the Customer has invited to access their Client Account through the official user-management functionality of the client area, with the permissions assigned by the Customer.

2. Acceptance of Terms

By using VirtCloud's services, you agree to abide by these Terms of Service. If you do not accept these Terms, you must stop using our website and services immediately. VirtCloud reserves the right to update these Terms at any time. In the event of material changes, VirtCloud will notify Customers via email at least fourteen (14) days prior to the changes taking effect. Customers who do not agree with the updated Terms have the right to terminate their services before the changes take effect. Continued use of VirtCloud's services after the effective date constitutes acceptance of the updated Terms.

3. Applicability

These Terms apply to all VirtCloud services and all agreements between VirtCloud and the Customer. Any deviations from these Terms must be explicitly agreed upon in writing. Nothing in these Terms excludes or limits any rights of Consumers, or any liability of VirtCloud, that cannot be excluded or limited under mandatory law.

4. Services Offered

VirtCloud provides hosting solutions, including but not limited to:

• Game Server Hosting, supporting a wide range of multiplayer games.
• VPS (Virtual Private Servers), including high-performance and custom-tailored VPS solutions
• Web Hosting & WordPress Hosting.
• Code Hosting & Secure Hosting Solutions.

These services are subject to availability and may be updated, suspended, or discontinued at VirtCloud's discretion. All packages are tailored to meet customer-specific needs and may be used for personal or commercial purposes, subject to these Terms.

5. User Responsibilities

• Customers are solely responsible for all content and activities conducted on their hosted services.
• Customers must comply with all applicable laws and regulations, including prohibitions on hosting malicious software, spam, cryptocurrency mining, or illegal content.
• Customers are responsible for maintaining the security of their account credentials, servers, and hosted data.
• Customers must apply necessary updates and ensure regular backups. VirtCloud is not liable for data loss or security breaches caused by user negligence.
• Customers must provide accurate and up-to-date account details, including billing and contact information. Accounts with false, incomplete, or misleading information may be suspended or permanently deleted without prior notice.
• Customers indemnify VirtCloud against all third-party claims, including reasonable legal costs, arising from the Customer's content, the Customer's use of the Services, or a breach of these Terms or applicable law attributable to the Customer.

6. Client Accounts and Account Sharing

Each individual may create and maintain no more than one (1) Client Account, unless VirtCloud has given prior written permission for an additional Client Account. Creating or using additional Client Accounts, including through alternative email addresses, names, or other identity details, is prohibited. An additional Client Account for a business, organization, or other legal entity may be created only with VirtCloud's prior written permission. This does not restrict a Customer, including a business or organization, from inviting multiple Authorized Users to its Client Account.

The login credentials of a Client Account are personal and must not be shared with any other person. The Customer may give other persons access to their Client Account only by inviting them as Authorized Users through the official user-management functionality of the client area. Each Authorized User must use their own login credentials, must not share them with anyone else, and may only exercise the permissions assigned to them. An Authorized User within an existing Client Account is not considered a separate Client Account. For clarity, an individual may be an Authorized User of more than one Client Account, provided that each Client Account belongs to a separate Customer, the individual has been invited through the official user-management functionality of the client area, the individual uses their own login credentials for that access, and such access is not used to circumvent any account, trial, promotion, restriction, or suspension. Acting as an Authorized User does not constitute creating or maintaining an additional Client Account.

The Customer is responsible for managing Authorized Users and the permissions assigned to them, and remains responsible for all activity performed through the Client Account, including activity by Authorized Users. Multiple Client Accounts or shared login credentials must not be used to circumvent trial limits, promotions, restrictions, suspensions, or other rules that apply to the Services.

Where VirtCloud reasonably determines that this Section has been breached, VirtCloud may request verification and may restrict, suspend, or terminate the Client Accounts or Services concerned. Any such measure will be proportionate to the nature and severity of the breach. Where reasonably practicable, VirtCloud will provide prior notice and a reasonable opportunity to remedy. In cases of abuse, fraud, circumvention of trial or promotional limits, or an urgent or repeated breach, VirtCloud may act without prior notice in accordance with Sections 9 and 10.

7. Payments

All payments for our services must be made in advance. Subscriptions renew automatically unless canceled by the customer prior to the renewal date. If payment is not received on the due date, the service will be suspended immediately. If payment remains outstanding for seven (7) days, the service will be permanently terminated and all associated data will be deleted. VirtCloud is not liable for any data loss resulting from such termination. Refunds are not provided, except where required by applicable law (see Section 8) or expressly provided under Section 18.

8. Right of Withdrawal (Consumers Only)

Under EU consumer protection law, private customers (consumers) generally have the right to withdraw from an online purchase within fourteen (14) days of the order. However, this right of withdrawal does not apply to services that are:

• Custom-made or personalized: All VirtCloud services, including but not limited to VPS, game servers, and hosting solutions, are provisioned individually for each customer. These services are tied to the customer’s account, require administrative processing, and are therefore considered customized services which cannot be returned or refunded once activated.
• Digital services already in use: The right of withdrawal expires once the customer explicitly requests activation of the service during the withdrawal period and acknowledges that the service is delivered immediately. By placing an order, the customer agrees that provisioning of the service may begin right away, thereby waiving the right of withdrawal.
• Business customers (B2B): The right of withdrawal applies only to consumers. Business customers are excluded.

By accepting these Terms of Service and completing an order, the customer expressly agrees that the ordered services are custom and personalized, and therefore waives the statutory right of withdrawal once the service has been provisioned.

9. Abuse Policy

VirtCloud reserves the right to suspend or investigate services in cases of suspected abuse, including but not limited to illegal activities, spam, or unauthorized use of resources. Complaints or abuse reports may be investigated without prior notice to the Customer. If no abuse is found, services will be reinstated. Proven abuse may result in immediate termination without compensation or reinstatement.

Contractual Penalty: In the event that a Customer uses VirtCloud services for activities that violate applicable laws or regulations, VirtCloud reserves the right to impose a contractual penalty (boetebeding) in accordance with Article 6:91 of the Dutch Civil Code. VirtCloud will first seek to agree with the Customer on a reasonable penalty amount. If no agreement is reached within a reasonable period, VirtCloud may determine the penalty amount, taking into account all relevant circumstances, including but not limited to the severity and nature of the violation, damages incurred, resources consumed, reputational harm, and the costs of investigation and remediation. The contractual penalty shall be no less than €250 per individual violation and shall not exceed €2,500 per individual violation, with a cumulative maximum of €10,000 per calendar year. These caps do not apply where VirtCloud's actual documented damages demonstrably exceed the applicable cap, in which case VirtCloud may claim compensation for actual damages in excess thereof. The Customer shall be notified of the penalty within fourteen (14) weeks following VirtCloud's discovery of the violation, and payment shall be due within fourteen (14) days of notification. This contractual penalty is without prejudice to any other rights or remedies available to VirtCloud under these Terms or applicable law, including the right to claim compensation for actual damages exceeding the penalty amount.

10. Trial Servers

Trial servers are provided exclusively to allow customers to evaluate VirtCloud services. Abuse of trial servers, including but not limited to running production workloads, creating multiple accounts to circumvent limits, or using them for malicious purposes, is strictly forbidden.

• A customer may not have more than one (1) active trial server at any given time.
• A customer may not order more than three (3) trial servers in total per account.
• Abuse of trial servers may result in suspension of services, permanent ban, or further legal action.
• Trial servers are limited in resources and capabilities. They are not intended for production use or high-demand applications.

By ordering a trial server, the customer agrees to these conditions and acknowledges that violation of these terms may lead to immediate termination of the trial server without prior notice or refund.

11. Support

Support is provided to paying customers through official channels. By requesting support, customers authorize VirtCloud to access and modify their accounts or services as needed to resolve issues. VirtCloud may withhold support if the Customer has unpaid invoices.

Official support channels include: email at [email protected], the support ticket system at billing.virtcloud.net, and the ticket system in the official VirtCloud Discord server.

12. Maintenance and Downtime

VirtCloud may perform scheduled maintenance to ensure the quality and security of services. Customers will be notified in advance of planned downtime through official communication channels. VirtCloud is not liable for any inconvenience, loss, or damage caused by planned or unplanned maintenance.

13. Fair Use Policy

Customer must use all Services in a normal, reasonable, and proportionate manner, consistent with each Service's intended purpose, technical profile, and shared infrastructure model.

Use that is excessive, abnormal, technically harmful, or otherwise disproportionate, or that materially affects platform stability, performance, security, availability, or reliability, is prohibited. This includes sustained or abusive consumption of shared resources such as but not limited to CPU, memory, disk I/O, storage, network bandwidth, concurrent connections, and background processes.

Where a Service is advertised as including "Unlimited Storage," this means no fixed numerical storage cap applies, provided storage usage remains consistent with normal hosting use. "Unlimited Storage" does not include long-term archival, off-site backup repositories, bulk file warehousing, public file distribution, or similar storage patterns that are disproportionate to typical operational use of the relevant Service.

Where VirtCloud reasonably determines a Fair Use breach, including disproportionate or bulk usage, VirtCloud may require the Customer to reduce or modify usage, migrate to a more suitable Service tier, and/or pay additional charges that reasonably reflect the excess resource consumption. Where reasonably practicable, VirtCloud will provide prior notice and a reasonable opportunity to remedy. If the issue is urgent, repeated, or not remedied in time, VirtCloud may suspend or terminate the affected Service. Customer agrees to cooperate in good faith with any mitigation request.

14. Intellectual Property

VirtCloud retains ownership of all intellectual property, including but not limited to configurations, tools, software, and documentation provided as part of the services. Customers may not copy, distribute, or misuse VirtCloud intellectual property without prior written consent.

15. Limitation of Liability

To the fullest extent permitted by law, VirtCloud shall not be liable for indirect, incidental, or consequential damages, including but not limited to loss of profits, data, or business opportunities, arising from the use or inability to use VirtCloud’s services.

In any case, VirtCloud's total liability shall not exceed the amount paid by the Customer for the affected service in the 30 days prior to the event giving rise to the claim.

• This limitation does not apply in cases of willful misconduct or gross negligence by VirtCloud.

16. Governing Law

These Terms are governed by the laws of the Kingdom of the Netherlands. Any disputes arising under these Terms will be resolved in the competent courts of the Netherlands. If the Customer is a Consumer, this choice of law does not deprive the Consumer of the protection afforded by mandatory provisions of the law of their country of habitual residence, and the Consumer may always choose to bring a dispute before the court that has jurisdiction by law.

17. Privacy & Data Protection

VirtCloud processes personal data in compliance with the General Data Protection Regulation (GDPR). By using our services, the customer acknowledges that personal data is collected and processed as described in our Privacy Policy.

• Customers requiring a Data Processing Agreement (DPA) may request one from VirtCloud.
• VirtCloud implements appropriate technical and organizational measures to protect personal data.
• Customers have the right to access, rectify, or delete their personal data in accordance with GDPR.

18. Force Majeure

VirtCloud is not liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events beyond VirtCloud's reasonable control, including but not limited to:

• Acts of God, natural disasters, fire, flood, storm, or earthquake.
• War, terrorism, civil unrest, sanctions, or governmental actions.
• Epidemics, pandemics, or public health emergencies.
• Third-party infrastructure failures, including data center outages, internet backbone disruptions, or upstream provider failures.
• Power failures, grid outages, or utility disruptions.
• Cyberattacks, DDoS attacks, malware, or other malicious third-party acts outside VirtCloud's control.
• Strikes, labor disputes, or industrial action.
• Changes in applicable law or regulation rendering performance impossible or unlawful.

In the event of a force majeure event, VirtCloud's obligations are suspended for the duration of the event. VirtCloud will take reasonable steps to mitigate the impact and will inform Customers through official communication channels as soon as reasonably practicable. If the force majeure event continues for more than thirty (30) consecutive days, either party may terminate the affected Service without liability to the other, subject to a pro-rata refund of prepaid fees for the unused period.

19. Severability

If any provision of these Terms is found to be invalid, unlawful, or unenforceable by a competent court or authority, that provision shall be deemed modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the provision shall be severed from these Terms. Any modification or severance of a provision shall not affect the validity or enforceability of the remaining provisions, which shall continue in full force and effect as if the invalid or unenforceable provision had never formed part of these Terms.

20. Complaints Procedure

VirtCloud is committed to handling complaints promptly and fairly. If you have a complaint about our services, we encourage you to contact us so we can work toward a resolution.

How to file a complaint: Complaints must be submitted in writing by email to [email protected]. Please include your name, account details, a clear description of the complaint, and any relevant supporting information.

Response times: VirtCloud will acknowledge receipt of your complaint within five (5) business days. A substantive response will be provided within thirty (30) days of receipt. If the complaint requires additional investigation, VirtCloud will inform you of the expected timeline.

Alternative Dispute Resolution (ADR): If your complaint cannot be resolved to your satisfaction through direct contact, you may submit it to a recognized consumer dispute resolution body. A list of certified dispute resolution entities in EU Member States is available at consumer-redress.ec.europa.eu/dispute-resolution-bodies. VirtCloud is not obligated to participate in ADR proceedings unless required by applicable law.

Nothing in this complaints procedure limits or affects your statutory rights under applicable consumer protection law, including the right to seek redress through the competent courts of the Netherlands.

21. Delivery and Provisioning

VirtCloud aims to deliver or provision all products and services within twenty-four (24) hours. A delivery or provisioning time of up to 24 hours is the standard provisioning period; it is the normal, expected timeframe and not a guaranteed or absolute maximum. This applies to all Services, including but not limited to VPS (Virtual Private Servers), game servers, web hosting, code hosting, custom solutions, and any other current or future products or services of VirtCloud, whether or not they are separately mentioned in these Terms. Where a different delivery period is expressly stated at the time of ordering or agreed in writing, that period applies instead.

Start of the provisioning period: The 24-hour period begins once payment for the order has been successfully received by VirtCloud and all information and verification required by VirtCloud has been completed, including but not limited to account, payment, or fraud verification (including checks carried out by our payment processors) and any details needed to set up the Service. The period does not run while VirtCloud is awaiting payment, information, or verification.

Timely delivery: A product or service that is delivered or provisioned within 24 hours always falls within the standard provisioning period, has been delivered on time, and is not considered delayed or undelivered.

No guarantee of faster delivery: Many Services are provisioned automatically and are usually available sooner. Automated or faster delivery, including on earlier orders, and any indication of delivery speed on the Website or in other communications (such as "instant" or "automatic" setup) describe the usual process only and do not constitute a guarantee of the delivery time for any current or future order.

Longer provisioning times: The standard provisioning period is not a strict deadline (fatale termijn). Exceptional circumstances, including but not limited to high demand, limited stock or capacity, technical issues, additional verification, or delays at third-party suppliers, may cause provisioning to take longer than 24 hours. To the extent permitted by law, longer provisioning does not in itself entitle the Customer to a refund, compensation, credit, or any other payment. VirtCloud is not in default until the Customer has notified VirtCloud in writing through an official support channel, has given VirtCloud a reasonable period to complete delivery, and delivery has not taken place within that period.

Provisioning may start as soon as an order has been placed, as described in Section 8. This Section only concerns the time within which provisioning is completed; it does not change Sections 7, 8, or 18 and does not limit any rights the Customer has under mandatory law.

22. Contact Information

For inquiries or comments regarding these Terms of Service, contact VirtCloud at [email protected].