1. Service renewals and trials
Your service will automatically be renewed and your chosen payment method will be charged at the end of each service period, repeating the length of the previous service period, unless you decide to cancel your subscription for the ForexVPS Services.
The ForexVPS.co.za 7-day money-back guarantee applies to VPS products offered on the website.
If you wish to cancel your product during the 7-day guarantee period, you must contact the customer support team within the first 7 days of your initial order being placed. You must contact support@ForexVPS.co.za and request your cancellation. In order to qualify for the money-back guarantee you must provide the customer support team with the following information; full name of the account holder, email address, telephone number, and the reason for cancellation. We will then provide you with a full refund - that applies to fully paid VPS products.
Dedicated Servers and discounted products are nonrefundable. No pro-rated refunds are offered.
The 7-day money-back guarantee only applies to your initial purchase and no refunds will be given for any additional or optional products added to your orders including upgrades, product transfers, or downgrades.
The 7-day money-back guarantee is not available to customers that have breached any Terms & Conditions or whose account has been terminated or suspended as a result of any breach of the Terms & Conditions.
There are no contract periods but for each successive period, your contract is automatically renewed unless cancelled (cancellation can be done at any time during a valid billing period).
2. 99.99% Availability Guarantee
ForexVPS provides a full guarantee that customer services will be available at least 99.99% of the time in any 1-month period. For full summary and explanation of terms related to this guarantee, please view the Service Level Agreement, which shall be included within this Terms of Service as an Exhibit.
3. Acceptable Usage of VPS Systems
Although ForexVPS's service is provided as hosting for trading applications and other financial software, customers may operate any legally obtained software on their VPS systems. VPS systems provided by ForexVPS are provided "unlocked" and without limitations on OS user privileges. Customers are discouraged from hosting websites and media applications, and may be contacted by ForexVPS Customer Service if abnormal levels of network traffic are detected.
ForexVPS provides virtualized server instances (virtual machines or VMs), which are allocated portions of the physical hardware resources of host machines. ForexVPS's virtualization platform is designed to guarantee the availability of resource allocations provided for each VM; however, it is possible that 1 VM may abuse system resources by demanding an over-allocation of host system resources, in a way that negatively impacts the performance of neighboring VMs. Resource allocation and utilization will be continuously monitored by ForexVPS, in order to prevent the possibility of resource abuse. ForexVPS may immediately suspend any VM that is seen to be abusing host system or network resources in the manner described above.
ForexVPS explicitly prohibits the following uses of its network and services:
The distribution, sale, or hosting of any illegally obtained or cracked software, "warez," "nulled scripts," and any otherwise unauthorized software.
Maintaining services or infrastructure for services intended to scam, steal from, coerce, or otherwise deceive users.
Engagement in criminal or otherwise malicious network activity involving ForexVPS's network, or other networks it is connected to.
4. SPAM and Unsolicited Commercial Email (UCE)
ForexVPS does not tolerate the sending of Unsolicited Commercial Email (UCE) or SPAM via our network and services. Customers of ForexVPS may not use, or permit others to use, our network to partake in UCE distribution. Customers of ForexVPS may not host or permit hosting of sites or information that is advertised by UCE from other networks.
Upon notification of an alleged violation of our SPAM policy, ForexVPS will initiate an immediate investigation. During the investigation, ForexVPS may restrict customer access to the network to prevent further violations. Subscriber will thereafter be advised of the situation. If a subscriber is found to be in violation of this ToS, ForexVPS may, at its sole discretion, unilaterally restrict, suspend or terminate the violating customer's account. Further, ForexVPS reserves the right to pursue civil remedies for any costs associated with the investigation of a substantiated policy violation. ForexVPS will notify law enforcement officials if the violation is believed to be a criminal offense.
5. Payment for Services
Establishment of service is dependent upon ForexVPS's receipt of payment for services. After the initial subscription payment, subsequent payments will be due on the anniversary date of service subscription, according to the billing cycle selected by the customer. Although services are provided on a subscription model, all payments are made without contract for future payment terms, and subscribers are not obligated to renew services unless they wish to continue the usage of their hosting services.
All services provided by ForexVPS must be paid for in advance of service delivery.
5. Payment for Services
Establishment of service is dependent upon ForexVPS's receipt of payment for services. After the initial subscription payment, subsequent payments will be due on the anniversary date of service subscription, according to the billing cycle selected by the customer. Although services are provided on a subscription model, all payments are made without contract for future payment terms, and subscribers are not obligated to renew services unless they wish to continue the usage of their hosting services.
6. Failure to Submit Payment(s)
All services provided by ForexVPS are provided with distinct renewal and payment terms. Should customers fail to remit payments for additional periods of service after the initial billing period, the particular services with overdue payments will be suspended. ForexVPS will permanently terminate customer services and all hosted data any time after 3 days of non-payment. Customers are encouraged to contact ForexVPS Billing staff to arrange alternate payment terms, if necessary to avoid account suspension or termination.
7. Account Cancellation
A customer may cancel his or her account at any time by contacting ForexVPS Customer Service via the Customer Portal, or directly at support@ForexVPS.co.za. Requests for account cancellation are reviewed by ForexVPS Custom Service representatives to ensure integrity of our service; all account cancellation requests will be honored. Upon account cancellation, all hosted data and services will be immediately terminated, and ForexVPS will cease to provide service or support for the customer. Upon account cancellation, customers will no longer be eligible for any benefits or guarantees provided by ForexVPS.
8. Data Integrity
The subscriber is responsible for maintaining a complete and current copy of their VPS and any files or software placed there by the customer. ForexVPS will not be responsible for providing backups of any specific file, or VPS system, due to loss by customer negligence or another event.
ForexVPS is NOT RESPONSIBLE for any files, software, or other data lost by the customer.
ForexVPS makes regular internal backups of internal system configurations, host server configurations, and databases. These backups are not intended to keep up-to-date backups of customer data.
Although ForexVPS backups may include customer data for the purpose of recovery from disasters and critical system failures, these backups are not to be relied on by the subscriber, nor does ForexVPS guarantee that any such backup can be provided directly to a customer.
9. Subscriber Acknowledgements & Risk Disclosure
Subscriber acknowledges that the hosting services provided are of such a nature that service may be interrupted for many reasons other than the negligence of ForexVPS, and that damages resulting from any interruption of service are impossible to objectively quantify. Subscriber agrees that ForexVPS shall not be liable for any damages arising from such causes beyond the direct and exclusive control of ForexVPS. Subscriber agrees that ForexVPS's total liability for any losses sustained by the customer may not in any event exceed an amount equivalent to charges payable by subscriber for services during the period damages occurred. In no event shall ForexVPS be liable for any special or consequential damages, loss, or injury.
Subscriber acknowledges that if he or she intends to engage in live trading activity via ForexVPS's network, that he or she has obtained adequate training and education to conduct such trading responsibly. Subscriber acknowledges that forex trading and the trading of other financial instruments are recognized as high-risk activities, and that such activities are in no way made less risky with the use of VPS hosting. While ForexVPS and its staff will do everything possible to assist customers in maintaining their trading environments insofar as the maintenance of hardware and software settings is concerned, the subscriber agrees that ForexVPS shall not be held responsible for any trading-related losses that result from the execution of trades on systems hosted by ForexVPS.
10. Network
IP ADDRESS
ForexVPS assigns each subscriber 1 or more unique IP addresses for each VPS unit. The right to use and broadcast from IP addresses assigned by ForexVPS shall belong only to ForexVPS, and the subscriber shall have no right to use IP addresses except as permitted by ForexVPS. ForexVPS shall maintain and control ownership of all IP numbers and addresses that may be assigned to subscribers by ForexVPS. ForexVPS reserves the right to change or remove any such IP addresses at its sole and absolute discretion, at any time.
DATA TRANSFER (BANDWIDTH)
Subscriber agrees that bandwidth, measured in total megabytes sent plus total megabytes received, shall not exceed the maximum number of megabytes per month for the service plan subscribed to by the customer ("Agreed Usage"). ForexVPS will monitor subscriber's bandwidth usage, and customers may view a live-updated record of their usage within the Customer Portal. In the event of a bandwidth overage, the customer's system may be automatically suspended or restricted. Customers will be warned of approaching or exceeded resource limits via email by ForexVPS's automated notification system.
SECURITY
Subscribers or any network users are prohibited from violating, or attempting to violate, the security of ForexVPS's network, servers, and other systems included therein. Violations of system or network security may result in civil or criminal liability. ForexVPS will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting subscribers who are involved in such violations. These violations include, but are not limited to:
- Accessing private or unauthorized data belonging to ForexVPS or other customers.
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.
- Attempting to interfere with the service of any ForexVPS subscriber, host or network, including, without limitation, via means of resource abuse, network abuse, or brute force.
- Forging any TCP/IP packet header or any part of the header information in any e-mail or transmission.
- Taking any action in order to obtain services to which subscriber is not entitled.
DDOS & ABUSE
ForexVPS reserves the right to block connections to and from any services involved in sending or receiving DDoS (Distributed Denial of Service) attacks and any other form of packet flooding, network interference, or malicious network activity. Services will be suspended for an amount of time necessary to mitigate attacks and ensure that network stability has been recovered. During emergencies, customers may not be warned in advance of service suspensions due to abuse complaints. ForexVPS reserves the right to immediately suspend or terminate any service that is deemed to be directly involved in producing malicious network activity, or any service that is reasonably deemed to be a risk to the stability of ForexVPS's network.
11. Intellectual Property Provisions
Subscribers of ForexVPS's services are prohibited from storing or posting content or links to content that infringes upon, or otherwise violates the intellectual property rights of third parties. This includes trademark, patent, and copyright infringements.
All content provided within or via this website is protected by US and international copyright laws, patent laws, trademark regulations and laws, and various intellectual property laws and international treaties and agreements. No intellectual property of any nature contained within or via this website may be copied, published, reverse engineered, decompiled, exchanged, traded, or broadcast in any way without the written permission of ForexVPS.
12. Suspension of Service
ForexVPS reserves the right to suspend network access to any subscriber if, in the judgment of ForexVPS, the subscriber's account is the source or target of a violation of any of the terms of the ToS, or for any other reason which ForexVPS deems necessary to guarantee the stability of customer services.
If inappropriate or illegal activity is detected or brought to our attention by a third party, all accounts of the subscriber in question will be deactivated until an investigation has been completed. Multiple violations of the ToS will result in permanent suspension of the related account, without any option for refund. With complaints of infringing or illegal content, a single complaint may be deemed sufficient for permanent suspension of the alleged infringing product. If multiple complaints of infringing or illegal content are received involving two or more products, all products under that customer's ownership and/or control are subject to permanent suspension. Prior notification to the subscriber is not assured. In extreme cases, law enforcement will be contacted regarding the activity. The subscriber may not be credited for the time the subscriber's machines were suspended if the subscriber is found to be at fault.
13. Disclosure to Law Enforcement
This ToS specifically prohibits the use of ForexVPS services for illegal or otherwise malicious activities. The subscriber agrees that ForexVPS may disclose any and all subscriber information, including assigned IP numbers, account history, billing records, etc., to any court or law enforcement agency that requests such information, upon receipt of a subpoena, warrant or other court order, without consent or notification to the subscriber.
14. Indemnification
Each party (the "Indemnifying Party") hereby indemnifies the other party (the "Indemnified Party"), its officers, directors, employees and agents, and agrees to defend and hold them harmless from and against any and all liability, damage, loss or expense (including reasonable attorneys fees) arising from any claim, demand, action or proceeding based upon the alleged breach or untruthfulness of any of the Indemnifying Party's representations or warranties, or incurred in the settlement or avoidance of any such claim, provided, however, that the Indemnified Party shall give prompt notice to the Indemnifying Party of the assertion of any such claims and provided further that Indemnifying Party shall have the right to select counsel and control the defense thereof, subject to right of the Indemnified Party to participate therein.
15. Severability
If any provision of this ToS shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this ToS is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
16. Applicable Law
This ToS is subject to the governing laws of South Africa
17. Service Level Agreement
We guarantee that our network, data centre, and power will be functioning 99.9% of the time on any given month, with the following exceptions:
- Any period prior to the problem being reported by you to our support team.
- Scheduled maintenance windows and emergency maintenance windows.
- Planned migrations.
- Server shutdown due to account suspension.
- Factors outside our control, such as force majeure events, failure of our upstream providers or your ISP.
- Software running within your virtual servers.
- Actions of third parties, such as server compromises, denial of service attacks and viruses.
- User activity errors.
18. Eligibility for Refunds
At ForexVPS, we maintain a specific policy regarding the reversal and refund of credits added to customer accounts. This policy is designed to provide clarity and fairness in our financial dealings with our customers, ensuring a consistent approach to handling refunds.
- Timeframe for Refund Eligibility: Credits that have been added to a customer’s account for a period exceeding 6 months are no longer eligible for reversal or refund back to the original payment method.
- Account Credit Utilization: Customers are encouraged to utilize their account credits within the specified 6-month period. Post this duration, the credits can still be used for availing of services from ForexVPS but cannot be refunded.
- Exceptions: Any exceptions to this policy will be at the sole discretion of ForexVPS and will be considered only under extraordinary circumstances.
- Notification: Customers are advised to keep track of their account credits and their respective dates of issuance. ForexVPS will not be responsible for notifying customers about the impending expiration of refund eligibility for their credits.
This policy is part of our commitment to transparent and responsible financial practices. Customers are encouraged to read and understand these terms carefully. For any queries or further information, please contact our support team at support@ForexVPS.co.za.
