These terms and conditions (“Agreement”) set forth the general terms and conditions of your use of the MQLVPS website (“Website” or “Service”) and any of its related products and services (collectively, “Services”).
This Agreement is legally binding between you (“User”, “you” or “your”) and this Website operator (“Operator”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity.
If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Website and Services.
By accessing and using the Website and Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement. You acknowledge that this Agreement is a contract between you and the Operator, even though it is electronic and is not physically signed by you, and it governs your use of the Website and Services.
Accounts and Membership
You must be at least 18 years of age to use the Website and Services. By using the Website and Services and by agreeing to this Agreement you warrant and represent that you are at least 18 years of age. If you create an account on the Website, you are responsible for maintaining the security of your account and you are fully responsible for all activities that occur under the account and any other actions taken in connection with it.
It is your duty to supply us with an email address that is not associated with the domain with which you are registering. If there is ever a problem with abuse, we will need to contact you. This will be done using the primary email address on file. It will be your responsibility to make sure the email address on file is correct at all times. We may, but have no obligation to, monitor and review new accounts before you may sign in and start using the Services. Providing false contact information of any kind may result in the termination of your account.
You must immediately notify us of any unauthorised uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions. We may suspend, disable, or delete your account (or any part thereof) if we determine that you have violated any provision of this Agreement or that your conduct or content would tend to damage our reputation and goodwill. If we delete your account for the foregoing reasons, you may not re-register for our Services. We may block your email address and Internet protocol address to prevent further registration.
Payments
You agree to pay for the services you receive from us in advance of the time period for which those services are given. You accept that you will be invoiced on a regular basis until you notify us of your desire to terminate any or all services received. We retain the right to adjust the monthly payment amount and any other costs at any time, with no impact on current customers.
We retain the right to change the rates displayed on MQLVPS at any time, as well as the amount of resources allocated to plans. Customers with contract pricing will not be affected by price changes throughout the contract time.
Payment Information
You agree to pay for the services you receive from us in advance of the time period in which such services are provided. You agree that those services will be billed on a recurring basis until and unless you notify us of your desire to cancel any or all of them. We reserve the right to change the amount of the monthly payment and any other charges at any time, but current customers will not be affected.
User Content
All services must be used for authorised purposes only. This includes, but is not limited to, copyrighted content and content that we deem dangerous or obscene. You, the customer, promise to hold MQLVPS blameless from any claims arising from your usage of our services. If we receive a complaint or discover that you are using the services listed below, we will immediately suspend your VPS.
Examples of Unacceptable Material on services:
We do not own any data, information or material (collectively, “Content”) that you submit on the Website in the course of using the Service. You shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all submitted Content. We may, but have no obligation to, monitor and review the Content on the Website submitted or created using our Services by you.
You grant us permission to access, copy, distribute, store, transmit, reformat, display and perform the Content of your user account solely as required for the purpose of providing the Services to you. Without limiting any of those representations or warranties, we have the right, though not the obligation, to, in our own sole discretion, refuse or remove any Content that, in our reasonable opinion, violates any of our policies or is in any way harmful or objectionable. You also grant us the license to use, reproduce, adapt, modify, publish or distribute the Content created by you or stored in your user account for commercial, marketing or any similar purpose.
Links to Other Resources
Although the Website and Services may link to other resources (such as websites, mobile applications, etc.), we are not, directly or indirectly, implying any approval, association, sponsorship, endorsement, or affiliation with any linked resource, unless specifically stated herein.
We are not responsible for examining or evaluating, and we do not warrant the offerings of, any businesses or individuals or the content of their resources. We do not assume any responsibility or liability for the actions, products, services, and content of any other third parties.
You should carefully review the legal statements and other conditions of use of any resource which you access through a link on the Website. Your linking to any other off-site resources is at your own risk.
Prohibited Uses
In addition to other terms as set forth in the Agreement, you are prohibited from using the Website and Services or Content:
Account Suspension and Termination
Suspend Days: 3 Days (The number of days after the payment due date)
Termination Days: 7 Days (The number of days after the payment due date. No data can be recovered after termination of service)
Cancellation Requests are executed on daily cron job, please report to us immediately if you want to revoke your cancellation request.
Cancellation
If you are discovered to be breaking the rules or abusing the server, we retain the right to terminate your account at any moment. Please be aware that the Anti-Fraud Command Center is always monitoring all internet activities in order to prevent any unlawful or fraudulent activity. If your account has been suspended for abusing the server, you can request to have it un-suspended by following the steps below:
Affiliate Program
The stated reward percentage applies to all plans. To prevent fraud, the funds will be held for 30 days before being credited to the affiliate’s account.
If referrals cancel and request a payment refund, any rewards earned by the affiliate from that payment will be forfeited. We pay via Wise.com
Affiliates may use referral links to promote our services on their websites, forums, blogs, and so on. Any sales made as a result of special discounts, coupons, or promo codes are not commissionable. The affiliate will not be compensated for the purchase of his or her own personal hosting account. Any affiliate who is caught doing so will have their credits revoked.
To qualify for rewards credit, new accounts must use a different bank account than the referral. Affiliates are not permitted to refer themselves or their spouse/civil union partner. There will be no exceptions. We reserve the right, at The Company’s discretion, to reverse commissions, terminate affiliate program membership, and amend the terms and conditions.
Resource Usage
Fair Usage Policy
CPU Resource allocated is to provide enough resources to overcome sudden application needs. VPS which uses CPU resources at 100%(or a level which affects the other VPS on the same server) for over 12 hours will be throttled down to a level where other VPS on the node will be able to share equally for the resource. (Before throttle down your CPU power, we will try to migrate to a less usage server).
The reason we apply this FUP is to ensure performance for every customer.
We will request you to upgrade to a higher dedicated server if your usage is intensive. The unlimited bandwidth allocated to each customer is subjected to fair usage. If the customers are found to be abusing the unlimited bandwidth in any way unacceptable, we reserve the right to suspend the service without prior notice.
Price Change
We reserve the right to change the prices listed on our website at any time, as well as the amount of resources allocated to plans. Customers with contract pricing will not be affected by any price changes during the contract period.
Refund Policy
Accounts that have been cancelled or terminated are not eligible for a refund. Accounts suspended for TOS violations in which the customer chooses not to correct the violation are also included. Clients who use derogatory language toward staff members are not eligible for a refund or any waived fees. To prevent server abuse, any services associated with an account that has an Unauthorised credit card dispute case open will be suspended. Accounts with open Credit card Disputes are not eligible for the refund or waived fees, and we will charge $25 for the chargeback cost.
Promotional item or when promotional code used, is not eligible for a refund. Customers who have requested and claimed the 7-day Money Back Guarantee will not be entitled to more refund requests. When you create multiple accounts to get those “once per client” promotions, we will suspend your account without your prior notice and it is not eligible for refund.
Miscellaneous fees such as server management fees, licence fees, installation fees, and payment gateway transaction fees will be deducted from the refund amount. If your service includes free software installation or other work, you will be required to pay the installation fee if a refund is requested.
7-Day Money Back Guarantee Policy
Only new customers who sign up for a new product or service are eligible for the Money Back Guarantee. A customer may only use the Money Back Guarantee on one product or service at a time. If a customer purchases more than one product or service, the guarantee will only apply to one of them. A customer who has multiple accounts is only eligible for a one-time Money Back Guarantee.
Once the Money Back Guarantee has been approved, the money will be refunded to you via Credit card/your bank account. Depending on the payment method, a transaction fee will be deducted. Customers can also choose to receive their refund in the form of a credit balance. The credit balance has no expiration date. If applicable, the licence fee, server management fee, and installation fee will be deducted from the refund amount.
Refund requests must be submitted to the Billing Department within 5 days of service activation. Requests received after the deadline will not be approved. Refund requests sent to another department or through channels that have not been approved by us are not valid. Your refund request can only be processed by the Billing Department. Your refund request will be denied if you do not submit a ticket to the Billing Department. Customers must provide the Billing Department with a reason for requesting a refund.
It may take up to 7 days to investigate and process the customer’s refund request. The Billing Department will make the final decision and reserves the right to deny the customer’s refund request if necessary. PayPal disputes and other payment-related issues will render the customer’s refund request null and void. Customers who have previously requested and received a refund will be unable to make another refund request.
Uptime Guarantee
We will strive to maintain a 99.95% network and server uptime service level. This uptime percentage is a monthly figure, and is calculated solely by our monitoring systems or our authorised/contracted outside monitoring services. If we fail to meet its 99.95% uptime guarantee, and it is not due to one of the exceptions below, credits will be made available to each client, upon request, on a case by case basis. We do not credit a full month’s service for minor downtime. This would not be financially healthy for us, and in turn would only negatively affect the service level we provide to you. “Partial refunds for partial downtime” is our standard policy. In extreme circumstances, We may distribute full month credits, but this is dealt with on a case by case basis. Credits are issued for one month's service only, never more.
Exceptions: Customer shall not receive any credits under this SLA in connection with any failure or deficiency of the our network caused by or associated with:
Circumstances beyond reasonable control, including, without limitation, acts of any governmental body, war, insurrection, sabotage, embargo, “Acts of God'' (ie…fire, flood, earthquake, tornado, etc…), strike or other labour disturbance, interruption of or delay in transportation, unavailability of or interruption or delay in telecommunications or third party services, failure of third party software or inability to obtain raw materials, supplies, or power used in or equipment needed for provision of the Service Level Agreement Telco Failure, Backbone peering point issues, Scheduled maintenance for hardware/software upgrades Hardware failure (faulty hardware is rare, but cannot be predicted nor avoided). We utilise only name brand hardware of the highest quality and performance. Software bugs/flaws (Exploits and bugs may develop that cause security issues or downtime) DNS issues not within the direct control of our Network floods, hacks, attacks from outside parties or individuals Failure or error of any of our monitoring or measurement system Client’s acts or omissions, including without limitation, any negligence, willful misconduct, or use of our service(s) in breach of our Policy and Service Guidelines by Client or others authorised by Client.
Intellectual Property Rights
“Intellectual Property Rights” means all present and future rights conferred by statute, common law or equity in or in relation to any copyright and related rights, trademarks, designs, patents, inventions, goodwill and the right to sue for passing off, rights to inventions, rights to use, and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, rights to claim priority from, such rights and all similar or equivalent rights or forms of protection and any other results of intellectual activity which subsist or will subsist now or in the future in any part of the world.
This Agreement does not transfer to you any intellectual property owned by the Operator or third parties, and all rights, titles, and interests in and to such property will remain (as between the parties) solely with the Operator. All trademarks, service marks, graphics and logos used in connection with the Website and Services, are trademarks or registered trademarks of the Operator or its licensors. Other trademarks, service marks, graphics and logos used in connection with the Website and Services may be the trademarks of other third parties.
Your use of the Website and Services grants you no right or licence to reproduce or otherwise use any of the Operator or third party trademarks.
Limitation of Liability
To the fullest extent permitted by applicable law, in no event will the Operator, its affiliates, directors, officers, employees, agents, suppliers or licensors be liable to any person for any indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for lost profits, revenue, sales, goodwill, use of content, impact on business, business interruption, loss of anticipated savings, loss of business opportunity) however caused, under any theory of liability, including, without limitation, contract, tort, warranty, breach of statutory duty, negligence or otherwise, even if the liable party has been advised as to the possibility of such damages or could have foreseen such damages.
To the maximum extent permitted by applicable law, the aggregate liability of the Operator and its affiliates, officers, employees, agents, suppliers and licensors relating to the services will be limited to an amount no greater than one dollar or any amounts actually paid in cash by you to the Operator for the prior one month period prior to the first event or occurrence giving rise to such liability.
The limitations and exclusions also apply if this remedy does not fully compensate you for any losses or fails of its essential purpose.
Indemnification
You agree to indemnify and hold the Operator and its affiliates, directors, officers, employees, agents, suppliers and licensors harmless from and against any liabilities, losses, damages or costs, including reasonable attorneys’ fees, incurred in connection with or arising from any third party allegations, claims, actions, disputes, or demands asserted against any of them as a result of or relating to your Content, your use of the Website and Services or any willful misconduct on your part.
Severability
All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Terms and Conditions illegal, invalid or unenforceable. If any provision or portion of any provision of this Terms and Conditions shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
Dispute Resolution
The formation, interpretation, and performance of this Terms and conditions and any disputes arising out of it shall be governed by the substantive and procedural laws of Australia without regard to its rules on conflicts or choice of law and, to the extent applicable, the laws of Australia. The exclusive jurisdiction and venue for actions related to the subject matter hereof shall be the courts located in Australia, and you hereby submit to the personal jurisdiction of such courts. You hereby waive any right to a jury trial in any proceeding arising out of or related to this Agreement.
Changes and Amendments
We reserve the right to modify this Agreement or its terms related to the Website and Services at any time at our discretion. When we do, we will send you an email to notify you. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.
An updated version of this Terms and Conditions will be effective immediately upon the posting of the revised Terms and Conditions unless otherwise specified. Your continued use of the Website and Services after the effective date of the revised Terms and Conditions (or such other act specified at that time) will constitute your consent to those changes.
Disclaimer
We will not be held liable for any losses incurred by you or your company. We provide no express or implied warranties about the services we provide. Any warranty of merchantability or fitness for a particular purpose is disclaimed by us. This includes data loss as a result of delays, no deliveries, incorrect deliveries, and any other service interruptions caused by us or our employees.
No Liabilities on Trading Profit Losses: We assume no liability for any trading profit losses resulting from downtime, low latency or any causes whatsoever. Profit losses are part of the risks while customers partake in any trading activities, including but not limited to, Forex trading and cryptocurrency trading.
No Liabilities on Losses Due to Hacks, Fraud, 3rd Party Invasion or Malware: We assume no liability for any losses incurred to customers due to hacks, fraud, 3rd party invasion or malware from your cryptocurrency wallets (hot/cold). MQLVPS does not hold any customers’ login usernames and passwords, or other login information required to directly or indirectly access your accounts.
Acceptance of These Terms
You acknowledge that you have read this Agreement and agree to all its terms and conditions. By accessing and using the Website and Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorised to access or use the Website and Services. We reserve the right to revise our policies at any time without notice. The use of services from MQLVPS constitutes agreement to these terms.
Contacting Us
If you have any questions, concerns, or complaints regarding this Agreement, we encourage you to contact us admin@mqlvps.com
