Terms of Service

1. Agreement

These Terms of Service (the “Terms”) form a binding agreement between you (“Customer”) and Arcvale Cloud (“we”, “us”) governing your use of our dedicated servers, cloud virtual private servers and related services (the “Services”). By placing an order or using the Services you agree to these Terms, our Acceptable Use Policy, our Privacy Policy and our Service Level Agreement.

2. Eligibility and account

You must be at least 18 years old and able to enter into a binding contract. You agree to provide accurate, current and complete information when ordering and to keep it up to date. You are responsible for all activity under your account and for maintaining the confidentiality of your credentials.

We may verify your identity and payment details before activating any Service and may decline any order at our discretion.

3. Orders and activation

An order request submitted through our website is an offer to purchase. A contract is formed only once we confirm activation of the Service. Provisioning timeframes stated on our website are estimates and depend on stock availability and verification.

4. Fees and billing

Fees are stated in US dollars and are payable in advance for each billing period (monthly, quarterly or yearly). Applicable taxes are charged in addition to listed prices. Services renew automatically at the end of each billing period unless cancelled before the renewal date.

If payment is not received by the due date we may suspend the Service after notice, and terminate it if the balance remains unpaid for 14 days. Data on terminated Services may be permanently deleted.

5. Customer responsibilities

You are solely responsible for the content, software and data on your Services, for maintaining your own backups, for securing your servers (including applying updates and using strong credentials) and for complying with all applicable laws.

6. Acceptable use

Your use of the Services must comply with our Acceptable Use Policy. We may suspend any Service that violates it, poses a security risk, or is subject to a valid legal request.

7. Service levels

Availability commitments and service credits are set out in our Service Level Agreement. Service credits are your sole and exclusive remedy for unavailability of the Services.

8. Cancellation and refunds

You may cancel a Service at any time by contacting support before the next renewal date; the Service remains active until the end of the paid period. Cloud VPS Services are eligible for a refund within 7 days of first activation. Dedicated servers are non-refundable once delivered, except where required by law.

9. Intellectual property

You retain all rights to your data. Arcvale Cloud retains all rights to its brand, website, software and documentation. Nothing in these Terms transfers ownership of either party’s intellectual property.

10. Limitation of liability

To the maximum extent permitted by law, Arcvale Cloud shall not be liable for any indirect, incidental, special, consequential or punitive damages, or for loss of profits, revenue, data or business opportunity. Our total aggregate liability arising out of or relating to the Services shall not exceed the fees you paid for the affected Service in the three (3) months preceding the event giving rise to the claim.

11. Disclaimer

Except as expressly stated in the Service Level Agreement, the Services are provided “as is” and “as available” without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose and non-infringement.

12. Indemnification

You agree to indemnify and hold harmless Arcvale Cloud and its officers, employees and partners from any claim, loss or expense arising from your use of the Services, your content, or your breach of these Terms.

13. Changes to these Terms

We may update these Terms from time to time. Material changes will be notified by email or through our website at least 30 days before they take effect. Continued use of the Services after changes take effect constitutes acceptance.

14. Governing law

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-law principles. Customers contracting for UK-based Services who are consumers retain any mandatory rights under the laws of England and Wales.

15. Contact

Questions about these Terms can be sent to support@apptestexchange.com.