Terms Of Service

A few rules that need to be followed.

Last update: 2020-12-01

The accessing and / or use of the Service (hereinafter reference to as "Virtua.Cloud") and / or the Services provided by VIRTUA SYSTEMS and subsidiaries (hereinafter referenced to as "Virtua.Cloud", "we", "us", "our") is subordinate to the following Terms and Conditions.

1. Acceptance of Terms of Service

By using and / or accessing the Service and / or the Services provided by VIRTUA SYSTEMS and subsidiaries (the provider) under Virtua.Cloud (the Service), You are agreeing to be bound by these Terms of Service, all applicable laws and regulations, and agree that You are responsible for compliance with any applicable local laws. If You do not agree with any of these terms, You are prohibited from using and accessing the Service and the Services.

2. Services

Virtua.Cloud reserves the right to, at its sole discretion, refuse the supplying of Services to You for any reason.

Virtua.Cloud provides You different Services and / or different options bound to these Services or provided as exclusive Services as a whole. There is no guarantee for the availability of these Services and / or these options. Virtua.Cloud reserves the right to cancel the providing of certain services or options at any time at its sole discretion. All Services provided by Virtua.Cloud are subject to availability and to all of the Terms and Conditions of this Agreement.

Virtua.Cloud reserves the right to interrupt Services for maintenance on a regular basis and / or in emergency cases.

By ordering Services offered by Virtua.Cloud, You agree to pay the fees associated with the Services.

3. Payment

By ordering Services provided by Virtua.Cloud You may be asked to supply certain information necessary for the processing of Your payment. Such information may consist of, but is not limited to, Your credit card number, the expire date of Your credit card and / or Your billing address.

By providing such information to Virtua.Cloud, You guarantee and warrant that You are respectively authorised to provide the information and that the information provided is correct and complete.

Further, You acknowledge that the provider and / or the Service may be required to provide this information to third parties in the required fashion to offer certain Services and / or options, this may constitute, but is not limited to, supplying Your credit card number to a payment processor.

You agree that you WILL NOT create multiple accounts in order to gain benefits such as non-recurring gift codes. Violation of this paragraph will result in immediate termination and you WILL NOT receive any refunds.

4. Termination

Virtua.Cloud may terminate or temporarily restrict access and / or use of the Service and any Services at any time, effective immediately, without prior notice, for any reason.

After termination, Your right to access and / or use the Service and / or Services provided by Virtua.Cloud is deemed annulled.

5. Limitation of Liability

You explicitly agree that the Service and Services provided by Virtua.Cloud are provided on an "as is" basis. Virtua.Cloud makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties including, without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Virtua.Cloud expressly disclaims all warranties of any kind.

In no event shall Virtua.Cloud and / or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption) arising out of accessing and / or using the Service and / or the Services and / or inability to use the Services provided by Virtua.Cloud, even if Virtua.Cloud or an Virtua.Cloud authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

You agree that You are held fully responsible for any actions originating from Your access and / or use of the Service and / or the Services.

Unless otherwise agreed to, Virtua.Cloud does not make any back-ups of Your data and it is Your sole responsibility to perform back-ups on a regular basis.

6. Indemnification

You agree to defend, indemnify and hold Virtua.Cloud and its affiliates, parents, subsidiaries and any related companies harmless from and against any claims and liabilities arising from Your access and / or use of the Service and / or the Services.

7. Refunds

You agree that, as soon as You order Services provided by Virtua.Cloud, Your right for a refund in any manner, including the right to dispute a payment or otherwise impair a transaction made to Virtua.Cloud by You for obtaining credit to use the Service and / or the Services is deemed annulled. Any credit has to be spent in cloud computing resources, bound by these Terms of Services and any other specified policies. Shall you deliberately cause a negative financial impact on Virtua.Cloud (for instance by disputing a payment), You explicitly agree to pay any administrative fee associated, as well as the disputed amount. Virtua.Cloud reserves the right to recover such financials using the full extent of applicable law.

You explicitly agree that Your right of refunds and / or withdrawing any remaining balance is considered ceased by breaching this Terms of Service and / or any other policies bound to accessing and / or using the Service and / or the Services.

You acknowledge that credits that were added through crypto currency payments are not withdrawable nor refundable.

8. Changes

You agree that these Terms and Conditions may be changed at any time, with or without prior notice. By continuing accessing and / or using the Service and / or the Services You agree to any changes made in tese Terms and Conditions. Virtua.Cloud provides a "last update" timestamp at the top of this Agreement, which allows You to determine any changes to these terms and conditions. Additionally, Virtua.Cloud may voluntarily inform all users about changes to these Terms and Conditions and / or any other policies.

9. Governing Law

These Terms and Conditions are governed by and construed in accordance with the laws of France and You irrevocably submit to the exclusive jurisdiction of the courts in that State or location.

If any provision of this Agreement is prohibited by law or held to be unenforceable, that provision will be deemed annulled and the remaining provisions shall not be affected such that this Agreement shall continue in full force and effect as if such unenforceable provision had never constituted a part of it.

10. Bandwidth

While bandwith to your Cloud Server VPS is provided as unmetered it is governed by a fair use policy.

It is prohibited to violate the fair use policy for cases like media streaming , public file sharing or any other type of high and continuous bandwidth usage unless Virtua.Cloud allows you to.

11. Bulk Email

The use of our network to send bulk email whether opt-in or otherwise, and the use of bulk email to promote a site on our network is strictly forbidden, unless Virtua.Cloud allows you to.

Bulk mailing is defined as:

  • Emails with more than 50 recipients per email;
  • Sending emails at a rate of over 5 emails per minute.

12. Acceptable Usage Policy

By using the Service and / or the Services, You agree to comply with Virtua.Cloud Acceptable Usage Policy.