“Last Modification Date” of this TOS is October 20, 2024

BY ACCESSING OR USING ANY PART OF THE SERVICES AND/OR TO CONTINUE BROWSE AND USE THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY THIS TOS, WHETHER OR NOT YOU ARE A REGISTERED CUSTOMER OF THE FOREXVPS365 SERVICES. IF YOU DO NOT AGREE TO BE SO BOUND, YOU MAY NOT ACCESS OR USE ANY SERVICES.

YOUR PURCHASE OF ANY FOREXVPS365 SERVICES SERVES AS YOUR ACKNOWLEDGMENT AND REPRESENTATION THAT YOU HAVE READ AND UNDERSTOOD THESE TOS AND THAT YOU AGREE TO BE BOUND BY SUCH TOS. YOU UNDERSTAND AND AGREE TO ACCEPT THIS TOS IS, LEGALLY, THE SAME AS MANUALLY SIGNING THIS AGREEMENT.

1. DEFINITIONS

FOREXVPS365: a private company with limited liability BIGDATA LLC, registration number 50203378551, with its registered office at Gramzdas iela 19 k-2-12, LV-1029, Riga, Latvia, user of these Terms of Service, hereinafter referred to as FOREXVPS365.

Customer: the counterparty of FOREXVPS365, hereinafter referred to as CUSTOMER.

Services: the Services leased by CUSTOMER from FOREXVPS365 are set out in the (online) Order (also referred to as Agreement).

Terms of Service: the provisions of the general terms and conditions, and the policies and guidelines to clarify in which the Services may be used are set out in the Terms of Service (“TOS”).

2. SERVICE CHARGES

For the use of the Services, CUSTOMER shall pay a recurring service charge to FOREXVPS365, as specified in the (online) Order.

All prices are exclusive of third-party (e.g., bank and (online) payment provider) payment (gateway) or transaction fees, and any other taxes or duties to be levied by the government. All prices are at all times stated in EUR (the Euro) and must be paid by CUSTOMER in that currency, unless otherwise agreed.

FOREXVPS365 has the right to change the rates charged to CUSTOMER. CUSTOMER will be notified of these changes by means of email and/or the website of FOREXVPS365, at least one (1) month before they take effect. CUSTOMER will be entitled to terminate the Agreement with effect from the day that the change takes effect, provided the price change represents an increase in price.

Auto-Renewal of Your Subscription Period and Recurring Billing. CUSTOMER will be entitled to receive the Service only during the subscription period. All subscriptions will automatically renew at the end of your subscription period until canceled by CUSTOMER. CUSTOMER will not receive further notice of auto-renewal. Most of FOREXVPS365 subscription plans use recurring billing. If CUSTOMER elects to pay for the Subscription Period on a monthly or annual basis, then he/she will automatically be charged the Subscription Fee for the subsequent month or year on the date of renewal unless he/she cancels the Service before the new Subscription Period begins. If CUSTOMER signed up for a Trial plan, he/she will automatically be charged the Subscription Fee for the subsequent 1 month period on the date of renewal, unless he/she cancels the Service before the new Subscription Period begins.

Payment (based on prepaid) must be made within five (5) days of the invoice date, in a manner to be designated by FOREXVPS365.

3. TERM AND TERMINATION

The Agreement is entered into for a fixed period of time, unless the nature or essence of the instruction given dictates an indefinite period of time.

At the end of the term, the Agreement shall be renewed for successive terms equal to the initial term, unless either party notifies the other in writing that it does not agree to a renewal of the Agreement, considering a notice period of at least one (1) day.

FOREXVPS365 is entitled to (partially) suspend fulfillment of its obligations or to dissolve the Agreement, if:

  • CUSTOMER fails to fulfill its obligations under the Agreement, fails to do so in full or in time, fails to remit payments for additional periods of service after the initial billing period;
  • after conclusion of the Agreement, FOREXVPS365, on the basis of information it has become aware;
  • has good reason to fear that CUSTOMER will not be able to fulfill its obligations.

Upon termination or expiration of the Agreement:

  • FOREXVPS365 shall cease to provide all Services any time after 5 days of non-payment;
  • FOREXVPS365 shall be entitled to erase and delete all data of CUSTOMER from FOREXVPS365’s equipment;
  • FOREXVPS365 shall be entitled to make the equipment available for use by other customers.

The competent courts of the Republic of Latvia shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Agreement or other agreements or other legal relationships resulting therefrom.

These TOS can be sent by FOREXVPS365 on request. The TOS can also be consulted and stored by means of the website of FOREXVPS365.

The most recently filed version of these Conditions will apply or, as the case may be, the version applicable when the legal relationship with FOREXVPS365 was entered into applies.

FOREXVPS365 is entitled to unilaterally amend (part of) the Agreement and its supporting documentation. Such amendment also applies to existing Services, unless FOREXVPS365 stated otherwise. The amendment comes into effect with an announcement or on a later date stated in the announcement.

4. USE OF SERVICES

It is prohibited to engage in brute-force attacks, port scanning, spam (scripts intended for sending messages to forums, chat rooms, feedback forms, e-mail, etc.) support hacking, cracking, phishing and other illegal Internet activities.

Storage of any types of computer viruses in provided disk space is prohibited.

Cryptocurrency mining is prohibited.

FOREXVPS365 may provide trial (demo) systems to new CUSTOMER at small charge. These systems are governed by all if the terms and conditions described in this TOS.

When ordering a Service with a test or trial period, FOREXVPS365 reserves the right to stop providing the Services and to delete the server in the case of any inactivity by CUSTOMER.

VPN or proxy hosting is forbidden.

VPS/VDS virtual dedicated server may not be used for DDoS attacks or other malicious intents, as well as actions prohibited by the Netherlands law where FOREXVPS365 data centre is located and the Republic of Latvia as the main jurisdiction for FOREXVPS365.

FOREXVPS365 reserves the right to limit channel speed down to 10-30 Mbit/s or block the server in case of high network activity for a long period of time, which causes network equipment load exceeding 90%.

5. MISCELLANEOUS CLAUSES

In compliance with the relevant Data Protection Legislation, CUSTOMER’s Personal Data is confidential.

FOREXVPS365 reserves the right to suspend the Services and may suspend CUSTOMER’s right to access to the Service in order to perform maintenance.

CUSTOMER acknowledges that FOREXVPS365 will from time to time have to perform (emergency) maintenance in order to ensure proper performance of the network, data center and the Services, and that such maintenance may affect the provision of the Services to CUSTOMER.

FOREXVPS365 reserves the right to relocate the Services, as well as the right to (temporarily) suspend the Services in connection with such relocation.

FOREXVPS365 does not guarantee any service availability and does not guarantee that the proposed software or any other materials do not contain system errors. FOREXVPS365 shall undertake all reasonable efforts and measures to prevent this.

FOREXVPS365 shall not be liable for direct or indirect losses caused to CUSTOMER as a result of the use or inability to use Services, or losses incurred as a result of errors, omissions, downtimes, deletion of files, defects, delays in data processing or transfer, feature changes and other reasons. FOREXVPS365 does not guarantee acceptance of CUSTOMER’s email from remote networks, which IPs are black-listed and are ignored by FOREXVPS365’s email client.

FOREXVPS365 is not liable for the quality of public communication channels, which are used to access the Services.

CUSTOMER assumes full liability and risks related to Internet use by the Services, including the liability for assessing accuracy, completeness and usefulness of any opinions, ideas, and any other information, as well as the quality and properties of products and services distributed in the Internet and provided to CUSTOMER through the Services.

CUSTOMER is fully responsible for security of its password and for losses that may arise due to its unauthorized use. Upon login and password theft through the fault of a third party, CUSTOMER has the right to send a request to FOREXVPS365 for changing the login and password with a mandatory attachment of the relevant financial document confirming the payment for the Services. FOREXVPS365 shall not be liable for the actions of third parties resulting in theft, and CUSTOMER shall apply to the relevant investigation and law enforcement agencies to reimburse the money spent during stolen time.

FOREXVPS365 is not responsible for notifying any third parties about stopping access to the Services for CUSTOMER and for possible consequences resulting from the absence of such a warning.

FOREXVPS365 fulfills CUSTOMER’s requests sent only from CUSTOMER’s contact email or from the service area (billing account) on FOREXVPS365’s official website. The email address specified during registration on FOREXVPS365’s official website is considered a contact email. CUSTOMER can request changing the contact email in the registration database from the service area (personal account) on FOREXVPS365’s official website.

In exceptional cases, customer verification may be required by confirming its phone number with the help of an incoming call from our operator or robot at the final stage of order placement after its payment.

FOREXVPS365 does not warrant that product and services descriptions or other content is accurate, complete, reliable, or error-free. From time to time there may be information on FOREXVPS365 website that contains typographical errors, inaccuracies, or omissions that may relate to product and services descriptions, pricing and availability.

FOREXVPS365 targets a Service Level Objective to provision Virtual Private Servers within 24 hours and Dedicated Servers within 48 hours.

Virtual Private Servers and Dedicated Servers are partially managed by FOREXVPS365. FOREXVPS365 manages server hardware, network, and operating system but DOES NOT manage the installed applications like trading terminals, Expert Advisors, robots, indicators, etc.

6. REFUNDS

If CUSTOMER declines the Services provided within 30 days from the starting date of using the Services, FOREXVPS365 shall undertake actions to refund the unused funds, granted the account is not blocked for violation of the TOS, and software license or server rent is not ordered. Otherwise FOREXVPS365 shall not refund any unused funds.

No refunds are provided for trial or demo services, VPS and Dedicated servers bought for special price during Black Friday, Cyber Monday etc. and extra services like extended support, installation assistance, consulting etc.

We do not charge the 5.90 EUR setup fee for all new subscriptions to our Forex VPS (Virtual Private Servers) plans. However, if a refund is requested, this fee will be deducted from the refund amount to cover the initial setup costs.

For Dedicated Servers, a refund is possible only within 7 days of the order. In case of the refund for the Dedicated Servers, a 69 EUR set-up fee will be deducted from the CUSTOMER’s payment.

In the case of the refund for Virtual Private Servers and Dedicated Servers, discounts are taken into account, which were activated when paying for the Services, i.e., only the actual paid amount is returned (without bonuses, etc.). The cost of installation, control panels, prepayment and basic fee for IP addresses and DNS service for hosting and reselling, administration, additional HDD and other Services are not refundable.

Server Location Selection. It is the responsibility of the customer to choose the correct server location for their Forex VPS service. The server location can significantly impact the latency and overall performance of the service. All available server locations are described in detail on our product pages. Customers are strongly encouraged to read these descriptions carefully and contact us prior to purchase if they have any questions regarding server locations. Refund requests based on issues related to server location choice, where the customer did not seek clarification before purchase, will generally not be considered valid.

All refunds are made within 60 days using the method chosen by the company.

Any third-party payment (gateway) or transaction fee is also deducted from the refund amount.

If through the refunded client fault, the company incurs losses (disabled servers, networks, IP blacklisting, etc.) the amount of costs depending on each specific case is deducted from the refunded amount.

No refund is made if Services are blocked due to violations of this TOS.

No refund is made if a Service disruption is caused by an Excluded Event:

  • Force Majeure;
  • an act of CUSTOMER, its employees, end-users, or contractors;
  • any failure of CUSTOMER controlled environments;
  • Tests, Maintenance or Relocation;
  • a suspension of Services in accordance with the TOS;
  • any exercise by FOREXVPS365 of its rights under the Agreement;
  • any use of the Service in breach of the Agreement;
  • the failure by CUSTOMER to implement recommendations or solutions advised or made available by FOREXVPS365;
  • any incorrect or unauthorized use of the Service, or the use of the Service for a purpose for which it was not designed;
  • Denial-of-Service (DoS) attacks or Distributed-Denial-of-Service (DDoS) attacks by a third-party;
  • any interaction between the Service and any other third-party software, hardware or service;

 

7. GOVERNING LAW AND CONDITIONS

All agreements between CUSTOMER and FOREXVPS365 are governed by the laws of the Republic of Latvia.

The competent courts of the Republic of Latvia shall have exclusive jurisdiction to hear and determine any suit, action or proceedings, and to settle any disputes, which may arise out of or in connection with the Agreement or other agreements or other legal relationships resulting therefrom.

These TOS can be sent by FOREXVPS365 on request. The TOS can also be consulted and stored by means of the website of FOREXVPS365.

The most recently filed version of these Conditions will apply or, as the case may be, the version applicable when the legal relationship with FOREXVPS365 was entered into applies.

FOREXVPS365 is entitled to unilaterally amend (part of) the Agreement and its supporting documentation. Such amendment also applies to existing Services, unless FOREXVPS365 stated otherwise. The amendment comes into effect with an announcement or on a later date stated in the announcement.

8. CUSTOMER ACKNOWLEDGEMENTS AND RISK DISCLOSURE

CUSTOMER acknowledges that the services provided by FOREXVPS365 are of such a nature that service may be interrupted for many reasons other than the negligence of FOREXVPS365, and that damages resulting from any interruption of the service are impossible to objectively quantify. CUSTOMER agrees that FOREXVPS365 shall not be liable for any damages arising from such causes beyond the direct and exclusive control of FOREXVPS365.

CUSTOMER agrees that FOREXVPS365 total liability for any losses sustained by the customer may not in any event exceed an amount equivalent to charges payable by CUSTOMER for services during the period damages occurred. In no event shall FOREXVPS365 be liable for any special or consequential damages, loss, or injury.

Trading has large potential rewards, but also large potential risks. The high degree of leverage can work against you as well as for you. CUSTOMER must be aware of the risks of investing in forex, CFDs, futures, and options and be willing to accept them in order to trade in these markets. Forex trading involves substantial risk of loss and is not suitable for all investors.

CUSTOMER agrees do not trade with borrowed money or money cannot afford to lose. FOREXVPS365 does not guarantee the profitability of trades executed on its systems. FOREXVPS365 has no knowledge of the level of money CUSTOMER is trading with or the level of risk CUSTOMER is taking with each trade. CUSTOMER must make his/her own financial decisions; FOREXVPS365 takes no responsibility for money made or lost as a result of using FOREXVPS365 servers or advice on forex related products on FOREXVPS365 website.