Terms of Service
“VPSForce” or “we” or “us” or “our” refers to VPSForce which is a brand name of Fab:IT ApS
“Customer” or “you” or “your” refers to the entity, person or company, in whose name the account with VPSForce is held.
“Services” refers to any service offered by VPSForce, including but not limited to Virtual Server Hosting or Dedicated Server Hosting.
These terms and conditions of service govern the supply of Services by VPSForce to the Customer. Use of VPSForce Services is subject to the terms listed herein. VPSForce reserves the right to amend these terms and conditions without notice, effective upon posting amended terms and conditions to it’s website.
Unless otherwise agreed in writing the Customer is responsible for managing and maintaining any servers, whether “virtual” or physical, included in Services purchased from VPSForce.
The use of VPSForce’s Services is entirely at the Customer’s own risk. VPSForce Services are provided strictly on an “as available” basis.
The Customer is responsible for keeping passwords or other sensitive information regarding VPSForce Services secure. VPSForce shall not be liable for any loss or damage arising from the Customer’s failure to keep passwords or other sensitive information secure.
Except as expressly provided in these Conditions, VPSForce gives no warranties of any kind, expressed or implied for services provided to the Customer. VPSForce disclaims any warranty or fitness for a particular purpose. This includes loss of business, custom, loss of data and all service interruptions unless otherwise stated by VPSForce or agreed with the Customer in writing.
Charges and Payments
Service charges are invoices in advance on, or shortly after, the day of purchase and on subsequent quarter anniversaries (the Customer’s “billing date”).
Bandwidth overage charges are billed quarterly in arrears and subject to standard payment terms.
When the Customer purchases additional Services or purchases an upgrade to their Services, a pro-rated amount will be charged on or shortly after the day of purchase to cover the remainder of the current billing period from the day of purchase until the Customers next billing date.
The Customer authorises VPSForce to debit payments from the Customer’s credit or debit card for all Service charges, fees, taxes and any other charges as they are due.
VPSForce reserves the right to charge interest on any unpaid sums at the current statutory rate prescribed in accordance with the Danish Interest Act ("Renteloven") until payment is received by VPSForce in cleared funds.
VPSForce is not responsible for any additional bank fees, interest, finance charges or other charges incurred by the Customer as a result of charges billed by VPSForce.
The Customer is responsible for ensuring VPSForce has up-to-date billing and contact information for the Customer.
VPSForce reserves the right to terminate or postpone Customer accounts where unpaid charges remain outstanding for a period of more than 14 days. Termination of Services by VPSForce shall not alter the Customer’s obligation to pay all charges due to VPSForce at the time of termination.
VPSForce reserves the right to change fees and charges as it deems necessary. Customers will be notified in advance of any such changes to fees and charges.
Cancellations & Refund Policy
All fees and charges are non-refundable unless expressly stated or agreed otherwise in writing by VPSForce.
The Customer may cancel their Services at any time by submitting a support ticket request.
Cancellation of Services by the Customer shall not alter the Customer’s obligation to pay all charges due to VPSForce at the time of cancellation.
The Customer is responsible for maintaining backups of their data. VPSForce will not retrieve data from cancelled accounts unless otherwise agreed in advance.
Law Enforcement co-operation
VPSForce will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations. Customers who violate systems or network security may incur criminal or civil liability.
Copyright and Intellectual Property
By using VPSForce’s Services, the Customer acknowledges ownership by VPSForce of all rights, title and interest in and to all trademarks, other intellectual property and services developed by VPSForce.
The Customer shall not copy, reproduce, alter, modify or create derivative works from any trademarks, intellectual property or service offered by VPSForce.
The Customer agrees that it shall defend, indemnify, save and hold harmless VPSForce from any and all demands, liabilities, losses, costs and claims, including all legal fees, that may arise or result from any service provided or performed or agreed to be performed by a Customer, its clients, agents, employees or representatives. (1) any injury to person or property caused by any products sold or otherwise distributed in connection with VPSForce’s services; (2) any material supplied by Customer infringing or allegedly infringing on the proprietary rights of a third party; (3) copyright infringement and (4) any defective Product sold via VPSForce’s services.
Neither party shall be liable to each other or be deemed to be in breach of the Agreement by reason of any delay in performing or failure to perform any of its obligations in relation to the Services if such failure or delay was beyond that party’s reasonable control. Without prejudice to the generality of the foregoing the following shall be regarded as causes beyond either party’s reasonable control
- explosion, flood, tempest, fire or other nature disaster or accident
- war or threat of war, terrorism, sabotage, insurrection, civil disturbances or requisition
- acts, requisitions, regulations, bye-laws, prohibitions or measure of any kind on the part of any governmental parliamentary or local authority
- strikes or other industrial actions or trade disputes of a third party
Any invalidity or unenforceability of any term of, or any right arising pursuant to this agreement, shall not in any way affect the remaining terms and rights which shall be construed as if such invalid or unenforceable term or right did not exist.
This Agreement is personal to the parties and neither party may assign the benefit of this Agreement, or otherwise deal with any of its rights or obligations under this Agreement without the prior written consent of the other party, such consent not to be unreasonably withheld or delayed, subject to board approval of the assignee. Notwithstanding the foregoing, either party may assign its rights under this Agreement to an entity that either now or in the future controls, is controlled by or is under the common control of such a party as a consequence of merger, acquisition, change of control or asset sale.
This Agreement shall be governed by and construed and interpreted in accordance with Danish law and the parties hereby submit to the exclusive jurisdiction of the Danish Courts.
The Customer will be entitled to any monthly data transfer “quota” (also known as “bandwidth” or “internet traffic”), expressed in gigabytes per month, included as part of their chosen Services. Should the Customer exceed the agreed amount of transfer specified in their chosen Services, without notice VPSForce reserves the right to charge the Customer an overage rate of €0.2 +vat per 1 gigabyte, or part thereof, for the data transferred over and above the quota in force.
Acceptable Use Policy
The Customer shall not participate in or facilitate any action or activity that VPSForce considers abusive, or that contravenes Danish law or EU law. Actions or activities that VPSForce considers abusive and therefore strictly prohibited include, but are not limited to the following:
- Unsolicited e-mail activities
- Impersonated or libellous postings
- Hacking or unauthorised access
- Propagation of viruses or worms
- Terrorism or threat of terrorism
- Distribution of illegal content
- Denial of Service (DoS) or Distributed Denial of Service (DDoS) attacks
The Customer shall not deliberately or maliciously cause or allow to be caused any disruption to VPSForce’s Services, its servers, network or other infrastructure, or any other networks or services on the internet.
The Customer shall not participate in or facilitate any activity which interferes with or disrupts VPSForce Services.
Participation or facilitation of any of the above activities may result in immediate suspension or termination of Services without refund.