1.1. Mobile VPS services are offered through the URL www.mobilevps.com (the “Website”) and any sub-domains of this site unless expressly excluded by their own terms and conditions.
1.2. Subject to the terms and conditions in the Agreement, during the Agreement Term, Mobile VPS hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your personal and educational purposes. You agree your access to and use of the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
In order to use our Service, you must (i) be at least eighteen (18) years old and able to enter into contracts; (ii) complete the registration process; (iii) agree to the terms and conditions set forth in the Agreement; and (iv) provide true, complete, and up to date legal and contact information. If you sign up for Mobile VPS on behalf of a company or other entity, you represent and warrant that you have the authority to accept these Terms on their behalf.
- Agreement Term
The term of the Agreement (the “Agreement Term”) begins when you sign up for Mobile VPS or first use the Services and continues as long as you use the Services.
- Account and Password
4.1. The Services are provided to Customer via a dedicated account on the Website, pursuant to which Customer will create a unique user-id and password.
4.2. You’re responsible for keeping your user-id and password confidential. You’re also responsible for any use of any account that you have access to, whether or not you authorised the use. You’ll immediately notify us of any unauthorised use of your accounts.
4.3. You are solely responsible for any losses, damages, fees or liability due to your lost, stolen, hacked or otherwise compromised user-ids and passwords.
4.4. We don’t have access to your current password, and for security reasons, we may only reset your password.
- Fees, Payments and Refunds
5.1. We provide 1 DAY plans (“4G VPS Lite 1 Day”, “4G VPS + 1 Day” and “5G VPS 1 Day”) as well as Monthly and Yearly access (“4G VPS Lite”, “4G VPS +” and “5G VPS”) Services.
5.2. All charges for the paid services (“Charges”) are posted on the Website, or otherwise set forth in the Agreement. You agree to pay for paid services according to these Terms.
5.3. Subject to your paying any fees due, and subject to you complying with these terms, we authorise you to obtain the benefit of the Service in accordance with the account type chosen by you for the Term.
5.4 We reserve the right to withdraw or change any services and/or price at any time.
5.5. Paid services are provided on per account basis and can be paid using a variety of payment options including bank transfer, PayPal, credit card and cryptocurrency.
5.6. As long as you’re using paid services, you’ll provide Mobile VPS’ third party payment processor with valid payment information and authorise us to deduct the charges against that credit card, PayPal account and crypto wallet. Anyone using a credit card, PayPal account and crypto wallet represents and warrants that he or she is authorised to use that credit card, PayPal account and crypto wallet, and that any and all charges may be billed to that credit card, PayPal account and crypto wallet and won’t be rejected. If, for some reason, our third party payment processor is unable to process your payment, we’ll try to charge 3 more times in the next few days.
5.7. We may introduce new or cancel existing paid services and features at any time and change pricing from time to time. You will be informed about any of the changes at least one month in advance via email and/or on our Website.
5.8. All prices for Services are calculated in GBP and you will be charged in GBP.
5.9. You are responsible for any taxes imposed on the Services except in cases where legislation requires us to collect the taxes.
5.9. Reselling of the Services to third parties is not permitted.
5.10. You have the legal right to cancel your contract within 14 days without giving any reason. The cancellation period will expire after 14 days from the day of the confirmation of the contract.
5.11. You expressly agree that we may begin supply of the content as part of your course before the end of the 14 day cancellation period referred to in the previous paragraph.
5.12. You also acknowledge that your legal right to cancel this contract as described in the previous paragraph will be lost when you access our services because, at that point, we will have begun the supply of the content to you as part of the services.
5.13. To exercise your legal right to cancel, you must inform us of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). If you use this option, we will communicate to you an acknowledgement of receipt of such a cancellation on a durable medium (e.g. by email) without delay. To meet the cancellation deadline referred to, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.
5.14. If you cancel this contract we will reimburse to you all payment received from you, provided you have not yet accessed our content. We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract. We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise, in any event, you will not incur any fees as a result of the reimbursement.
5.15 You agree to contact Mobile VPS prior to raising a request for a chargeback or any dispute with your bank or card issuer in relation to any Transaction. If you make a card payment through Mobile VPS, and later dispute a legitimate charge by raising a chargeback without merit or legitimate reason (as determined at our sole discretion), whether fraudulently or otherwise, then we reserve the right to blacklist you by providing compelling evidence to refute your invalid chargeback request and or pursue legal action as the case may be.
- Cancellation by us
6.1. We may at any time terminate the Agreement if (i) you have breached any provision of these Terms (or have acted in a manner that clearly shows you do not intend to, or are unable to, comply with these Terms); (ii) we are required to do so by law (for example, where the provision of the Services to you is, or becomes, unlawful); (iii) the provision of the Services to you by us is, in our opinion, no longer commercially viable; or (iv) we have elected to discontinue the Services (or any part thereof).
6.2. Once terminated, we may permanently delete your account and all the data associated with it.
6.3. If Mobile VPS terminates this Agreement because you breached this Agreement or any applicable laws, no refund will be issued.
6.4. Mobile VPS may charge an account reactivation fee should an account need to be reactivated by a customer after an account has become de-activated due to breach of this Agreement.
7.1. Unless we expressly agree otherwise in the Agreement, all Content (as defined below), the Services, and all intellectual property rights associated with the Content and Services, are the sole and exclusive property of Mobile VPS. Subject to your full and complete payment of all amounts due to Mobile VPS therefor, to the extent Mobile VPS provides you or your end users with visual, textual, and/or interactive works or materials, in any form, as part of the Services (individually and collectively, the “Mobile VPS Services”), Mobile VPS grants you a non-exclusive, non-transferable, non-sublicensable, revocable, worldwide, limited license to use the Mobile VPS Services solely in connection with your use of the Services. You agree not to use, copy, remove, publish, distribute, perform or display any Mobile VPS Services, or any portion thereof, in any other context or website or in connection with any other service.
7.2. Except for the license granted in this Section 7.1, this is an agreement for services and you are not granted any licenses under the Agreement. You will not take any actions inconsistent with our ownership of each of our rights in the Services and the Mobile VPS Material.
7.3. In connection with the rights and licenses granted by Mobile VPS under the Agreement, Mobile VPS may provide you with user manuals, reference manuals, (collectively, the “Documentation”). Mobile VPS is the sole and exclusive owner of all right, title and interest in and to the Documentation and all of the intellectual property rights associated with the Documentation.
7.4. You agree you will not, directly or indirectly: (i) reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of, or found at or through the Services or any Material, Documentation, Mobile VPS Services or data related to the Services (“Content”); (ii) remove any proprietary notices or labels from the Services or any Content; reproduce or copy the Content or the Services or any part thereof; (iii) modify, translate, or create derivative works based on the Services or any Content; (iv) copy, sell, license, sublicense, distribute, pledge, assign, or otherwise transfer or encumber rights to the Services, the Mobile VPS Content, or any Material; (v) create any derivative product from any of the foregoing; (vi) without our express written permission, introduce software or automated agents or scripts to the Services so as to produce multiple accounts, generate automated searches, requests and queries, or to strip or mine data from the Services; (vii) perform or publish any performance or benchmark tests or analyses relating to the Services or the use thereof; (viii) upload, link to or post any portion of the Content and/or the Mobile VPS Content on a bulletin board, intranet, extranet or website; (ix) use or distribute the Material and/or the Mobile VPS Content in violation of any applicable laws, regulations or export restrictions; (x) possess or use the Services in any format other than machine-readable format; (xi) use the licenses and rights granted under the Agreement to design, develop or distribute a commercial product or service that competes with the Services; (xii) circumvent or attempt to circumvent any technological measures designed to enforce certain limitations or instructions with respect to your use of the Services; (xiii) use the Services to send or store infringing, obscene, threatening, harassing, libellous, or otherwise unlawful or tortious material, including material harmful to children or violative of third party privacy rights; or (xiv) allow third parties to gain access to the Services or to otherwise use the Services in any manner other than as expressly permitted in this Agreement. Mobile VPS reserves all rights in the Services not explicitly granted herein.
7.5. You acknowledge and agree that the Services, the Content, the Company names and logos and all related product and service names, design marks and slogans, and all other material comprising the Content or the Services, are the property of the Company or its affiliates or suppliers (collectively, the “Marks”). Unless stated otherwise, all Marks are protected as the copyright, trade dress, trademarks and/ or other intellectual properties are owned by Mobile VPS or by other parties that have licensed their material to Mobile VPS. You are not authorised to use any of the Marks in any advertising, publicity or any other commercial manner without the prior written consent of Mobile VPS. Your use of the Services confers no title or ownership in the Services, the Content or the Marks and is not a sale of any rights in the Services, the Content or the Marks. All ownership rights remain in Mobile VPS or its third party suppliers, as the case may be.
7.6. You acknowledge and agree that any comments, ideas and/or reports provided to Mobile VPS (“Feedback”) shall be the property of Mobile VPS and you hereby irrevocably transfer and assign to Mobile VPS such Feedback, and all associated intellectual property rights, provided however that you shall be free to use such Feedback in the ordinary conduct of your business.
8.1. In using the Services, you may provide information (such as name, contact information, or other registration information) to Mobile VPS. Mobile VPS may use this information and any technical information about your use of the Services to tailor its presentations to you, facilitate your movement through the Services, or to communicate separately with you.
9.1. Mobile VPS makes no warranty or representation that this website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of this website.
9.2. No part of this website is intended to constitute advice and the content of this website should not be relied upon when making any decisions or taking any action of any kind.
9.3. The web site is provided on an as-is and as-available basis. You agree that your use of the web site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the web site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the web site’s content or the content of any web sites linked to the web site and we will assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content and materials, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the web site, (iii) any unauthorised access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from the web site, (v) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the web site by any third party, and/or (vi) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the web site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the web site, any hyperlinked web site, or any web site or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.
9.4. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.
10.2. From time to time down-time, either scheduled or unscheduled, may occur. Mobile VPS will work within reason to ensure this amount of down-time is limited. Mobile VPS will not be held liable for the consequences of any down-time.
10.3. Mobile VPS cannot guarantee that any file or program available for download and/or execution from or via the Services is free from viruses or other conditions which could damage or interfere with data, hardware or software with which it might be used. You assume all risk of use of all files associated with the Services, and you release Mobile VPS entirely of all responsibility for any consequences of its use.
- Limitation of Liability
11.1 To the maximum extent permitted by law, Mobile VPS accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Web Site or any information contained therein. Users should be aware that they use the Web Site and its Content at their own risk.
11.2 Nothing in these terms and conditions excludes or restricts Mobile VPS’ liability for death or personal injury resulting from any negligence or fraud on the part of Mobile VPS.
11.3 Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant legal provisions. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions. This term shall apply only within jurisdictions where a particular term is illegal.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
All notices / communications shall be given to by email. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
These terms and conditions and the relationship between you and Mobile VPS shall be governed by and construed in accordance with the Law of England and Wales and Mobile VPS and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.