Terms of Service
These Terms of Service (TOS) govern the relationship between Server & Cloud and you and your heirs, assigns, agents and contractors (collectively, 'Customer') and is effective as of the date of electronic, verbal or written execution. By subscribing to any of the services ('Services') with Server & Cloud Customer agrees to be bound by these terms and conditions.
Term of a contract
Unless stated otherwise, the contract is made for a minimal term of 1 month. Unless a notification of termination is received prior to the expiration of the initial period, the contract is automatically renewed for another minimal term and so on. Contract comes into effect at the effective date agreed upon or at the date Customer starts using the Services, whichever comes first. Fixed-term contracts will terminate upon expiration of the period stated on the contract. Fixed-term contract can be renewed by extending the term of the contract.
Customer Responsibilities
Under no circumstances is the customer authorized to engage in any activity that is illegal under local, national or international laws while utilizing Server & Cloud Services. The list of banned content includes, but is not limited to:
Copyrighted material without the explicit permission of the copyright owner including video, audio and text.
IRC - running any type of IRC software such as IRC client software, IRC server software, web-based IRC software and IRC bots.
Proxy/VPN - We prohibit any proxy/VPN set-ups or connections or any sort of activity through remote proxy connections.
HYIP - We prohibit HYIP web sites and web sites involved in advertising or promotion of such resources.
Warez - Pirated or cracked versions of commercial software, hacking tools, emulators and guides to such activities.
Spyware / Malware / Scareware - virus/spyware distribution via a dedicated server managed by Customer that may cause a security breaches to others, will result in account termination.
For more information on banned material please visit our Acceptable Use Policy, it is an integral part of the Terms of Service document and by subscribing to any of Server & Cloud services you agree to comply.
Customer agrees to keep secure the all login information to Dedicated Server located at Server & Cloud facility. Sharing your Dedicated Server with unauthorized third party is strictly prohibited. It is the responsibility of a Customer to prevent unauthorized access into the Customer's systems.
The Customer will inform Server & Cloud immediately of any problems or interruptions of services, equipment or software malfunctioning that the Customer has discovered while using the Service including illegal/potential illegal activities by unauthorized parties.
Customer is responsible to use the equipment leased by Server & Cloud with due care and intentional misusage of the equipment may result in Customer's financial liability.
It is Customer's sole responsibility to make regular back-ups of your data and files used in connection with the Services. Server & Cloud may make our own periodic back-ups for server maintenance purposes, however Server & Cloud is not responsible whatsoever for the loss of data or files.
Billing
The prices are stated in CHF for your convenience. You can pay using any method available to you on our payment page.
The Service will be billed monthly, unless otherwise agreed upon. The first invoice will include all initial coasts, including installation costs (in applicable).
Bills are issued 10 days prior to the payment deadline. Timely payment is crucial to maintain uninterrupted access to your order. If the payment isn't received within this period, the Service may be temporarily deactivated 5 days post the deadline, and potentially permanently discontinued 14 days thereafter. There is a 100 EUR fee for reinstating the Service once it has been temporarily disabled.
Refund Policy
Final Sales: All sales of services by Server & Cloud are considered final upon payment. As a general policy, Server & Cloud does not offer refunds or credits for unused service time, early contract terminations, or other customer-initiated cancellation requests.
Exceptional Refunds: Notwithstanding the above, Server & Cloud may, at its sole discretion, offer a refund under the following exceptional circumstances:
Service Malfunction: In the event Server & Cloud fails to provide the service as described in the offer due to a technical issue or malfunction, the customer may be eligible for a refund. Such refund will be processed in full using the payment method that was used to place the order.
Unused Service Time: If a client agrees to receive a refund for the unused service time, such refund will be credited to the client's internal account balance with Server & Cloud. These credited funds can be later used to pay for any service provided by Server & Cloud
Requesting a Refund: To request a refund, please contact our customer service department. Each request will be evaluated on a case-by-case basis. Server & Cloud reserves the right to determine the validity of a refund request and to decide whether to grant a refund.
Effect of Refund: Upon issuing a refund, Server & Cloud may terminate the services provided to the client, and the client may lose access to any data or content related to the service.
Changes to the Refund Policy: Server & Cloud may modify this Refund Policy at any time in its sole discretion. Any changes will be effective immediately upon posting of the revisions on the Website.
Liability
Server & Cloud will not be liable for failure or delay in performing its Services if such failure or delay is due to circumstances beyond its reasonable control, such as acts of any governmental body, war, insurrection, sabotage, embargo, fire, flood, strike or other labor disturbance, interruption of or delay in transportation, equipment malfunctioning, unavailability of, interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies or power used in or equipment needed for provision of the Services.
Server & Cloud will not be liable for damage or interruption of service caused third parties such as dos-attacks, hacking or malware.
Customer may be held liable for damages caused to Server & Cloud or to third parties as a result of the Customer's usage of the Service.
Prohibition on Cryptocurrency Mining
Cryptocurrency mining is strictly prohibited on all our services, including our virtual servers, dedicated servers, and cloud hosting solutions. This prohibition is in place due to the extensive resource usage associated with such activities, which may cause disruptions in service and negatively affect the experience of other clients who may be sharing the same hardware resources. The mining restriction applies to all types of mining activities, including but not limited to CPU, HDD, and GPU mining.
Acceptable Use Policy
Acceptable Use Policy (AUP) is designed to gather the use of Server & Cloud dedicated server, colocation service and other services. By using the Server & Cloud services you accept and agree to all the rules listed below.
The purpose of the AUP is to define and prevent behaviors that are harmful to fellow Server & Cloud users and Internet community as a whole.
Overall the Services may only be used for lawful purposes. Under no circumstances is the customer authorized to engage in any activity that is illegal under local, national or international laws while utilizing Server & Cloud services.
The following use of any of our services is prohibited:
Sending E-mail
Use of our services to transmit, or procure the sending of, any unsolicited bulk or commercial messages ('spam'). This includes hosting web pages advertised within 'spam e-mail' sent from another network, using the Service to receive replies from unsolicited emails, configuring any email server in such a way that it will accept third party emails for forwarding and running mail lists.
Transmit any data that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs designed to harm any computer software or hardware.
Offensive Content
To distribute material that is:
Harmful to minors in any way (constitutes child pornography).
Offensive, hateful or inflammatory
Promotes violence, illegal activity or discrimination based on sex, religion or nationality
Promotes fraudulent activity or is deceptive under the consumer protection laws of any jurisdiction
Threatening, abuse or invade another's privacy
Creates the risk to a person's safety or health, creates a risk to public safety or health, compromises national security, or interferes with a investigation by law enforcement
Promotes illegal drugs, or substances that are legal, but are known to be abused
Software, Copyrighted Material
Copyrighted material without the explicit permission of the copyright owner
Pirated or cracked versions of commercial software
IRC related sites (this includes servers, bots or clients)
Phishing / Identity Theft
Know Your Customer (KYC) Verification Policy
At Server & Cloud, most orders can be processed without the necessity for Know Your Customer (KYC) verification. However, in instances where orders are deemed of high risk, or when an order triggers our internal fraud, spam, or abuse detection systems, we reserve the right to invoke our KYC procedures. The KYC process can encompass phone number verification, requiring customers to answer supplementary questions about the intended use of their order, and in certain cases, government issued ID verification. We undertake these measures to ensure the integrity and security of our services, our clients, and the wider online community. By using our services, customers consent to comply with our KYC policy when requested. Failure to cooperate with KYC verification requests can result in delays or potential cancellation of the order.
Enforcement
We reserve the right to suspend or terminate without warning or notice, the account and services to any customer found to have violated this policy. Your account may be suspended or terminated and you may be held liable for any loss or damage resulting from the breach.
Reporting Violations
If you feel that any of this AUP violation is taking place please contact us immediately. We will react to your report as soon as possible, investigate the issue and take appropriate action.
Changes to the acceptable use policy
We reserve the right to change this AUP at any time, without prior notice. Please visit this page form time to time to take notice of any changes we make.