Terms of service

The presence of the convention on “Terms and conditions of use of the Cloud VPS service”, establishes the conditions under which any person can visit or access the Acvile Cloud site, or may use the service in any way and has the value of an agreement concluded between ACVILE TECH S.R.L (referred to as “supplier”), in its capacity as owner and administrator of the site and service provider, and any person who visits or accesses the Site or wishes to use in any way or actually use the Services (referred to as "user or customer").

1. Content policy

It is forbidden to publish on the servers of the content provider or links to such content that: (I) infringes or prejudices in any way the intellectual property rights of other persons or other rights; (II) have obscene or pornographic or violent content; (III) they contained defamatory or slanderous content; (IV) have racial or discriminatory content; (V) contain viruses, Trojan horses or the like; (VI) contain pirated software or address those who hack software or virtually any similar activity. It is also forbidden to use our servers exclusively as a storage medium (eg movies, mp3, pictures, etc.).

2. Prohibited scriptures

  • – Proxy scripts, anonymizer
  • – IRC scripts
  • – Top site scripts
  • – Online game scripts (flash games excluded)
  • – Mail bomber, mass email or any unsecured email script
  • – Torrent tracker
  • – Chat rooms that consume excessive resources and WAP chats
  • – PhpShell and similar scripts for executing commands.

3. Customer responsibility

The customer is responsible for updating the contact information in the billing control panel when necessary. We cannot be held responsible for any confusion in the communication as a direct result of the customer not making the necessary updates.
Customer is responsible for keeping user numbers, passwords, and other sensitive information safe..

4. Limited liability

We cannot be held liable for damage caused by the temporary unavailability of our servers, whatever the reason for this. This provision also includes damages resulting from damage or loss of data. The client agrees to guarantee us and to hold us innocent in connection with any claims, damages, including, but not limited to, damages caused to third parties, resulting as a consequence of using the services causing damages to our customer.
The user declares that he understands and accepts that, in any situations in which the user will claim damages of any kind from the supplier, the total amount of damages claimed by the user for any reason and which could be paid by the supplier, can not be deposited in any way and in any case, the total amount of tariffs (fees) paid by the user, supplier.

7. Backup

The price for automatic backup is 20% of the server value. The backup is performed automatically every 12 hours, or can be created on the spot by the client from the administration interface. Restoration from backup can also be done from the interface, this involves stopping the service until the restoration is completed.

8. Uptime guarantee

Acvile Cloud has an annual average of 99.5% availability for the internet network and the servers installed in the data center.
The following exceptions are:

  • – Force majeure situations in which we cannot have any influence, such as: wars, natural disasters, unavailability / interruption of communications, fire, viruses, hackers, malfunction of software offered by another source (free scripts, e-commerce software or online payment processor), flood, earthquakes, embargoes, actions of legal authorities.
  • – Maintenance work or in critical situations, server upgrades.
  • – Domain name system (DNS), issues that cannot be controlled by Acvile Cloud

9. Notifications and announcements

Acvile Cloud reserves the right to send notifications regarding the services offered as well as announcements from third parties, when they can be for the benefit of users.

10. Payment and billing terms

The customer agrees to pay for our services in advance, adding Cloud Credit to his account balance. The credit can be used for any period, the services being charged per hour.
Prices displayed in Euro are calculated in RON, at the BNR exchange rate from the date of payment, according to the legislation, all invoices and payments are processed in RON.
When the balance falls below EUR 0, the customer is notified repeatedly to replenish the account. If within 15 days from the moment the balance entered 0, the client does not add funds to his account, the services will be suspended. After another 30 days from the suspension, the services will be permanently deleted from the Acvile Cloud servers, without being able to be restored.

11. Technical support

Each service purchased benefits from technical support.
Acvile Cloud provides their customers with an e-mail address and a live-chat interface through which they can talk to technical operators for assistance.

12. Delivery policy

The products are exclusively electronic services (VPS). Their delivery is instant, it takes place online, and is done through the user interface of the Acvile Cloud site

13. Return policy

Customers can request a refund within 30 days. If applicable, the services active at the time of return will be deactivated.

12. Amendments

We reserve the right to make additions, cancellations or changes to the Terms and Conditions, prices and on the site at any time, information being made through the site or customer control panels.

Service Level Agreement (SLA)

Scope

This service level agreement (“SLA”) is an integral part of the Contract between Acvile Cloud and the Customer.

Service Guarantee

Acvile Cloud will guarantee 100% virtual server and network availability to the Customer. The network will be deemed available if Acvile Cloud’s routers and switches are available and responding properly. For all unscheduled interruptions in the provision of the Services, which are due to hardware or telecommunications failures that last longer than 5 minutes, Acvile Cloud shall offer compensation to the Customer.

Scheduled Interruptions

Acvile Cloud will notify the Customer by e-mail or on Acvile Cloud’s website about scheduled interruptions in the provision of the Services at least 24 hours in advance, except important security updates and patches which Acvile Cloud may deploy without prior notice.

Error Notifications

In case of an interruption in the Services, the Customer has to notify Acvile Cloud by e-mail to [email protected] The interruption is deemed to begin when the failure starts to affect the Customer’s use of the Services, and to end when the failure has been corrected. Acvile Cloud will notify the Customer about the correction of the failure.

Payment of Compensation

When a failure in the Services has been corrected, Acvile Cloud will offer the Customer compensation which the Customer may reclaim within 15 days. The compensation will be paid to the Customer’s service account in the form of credits and may not be exchanged for cash or other forms of payment.

Amount of Compensation

The amount of compensation will be 50 times Acvile Cloud’s charges for the Services allocated for the period of the interruption of the Services. The maximum amount of compensation for an individual interruption is 100% of Acvile Cloud’s charges for the Services during 30 calendar days preceding the interruption. The total sum of aggregated compensations cannot exceed 250% of Acvile Cloud’s charges for the Services during 30 calendar days preceding the latest interruption.

Sole Remedy

The above-mentioned payment of compensation will be the sole remedy of the Customer for interruptions or other failures in the Services. In case of a disagreement over the amount of the compensation payable to the Customer, Acvile Cloud’s decision on the issue will be binding and final.

Exemptions from Service Guarantee

The following situations will be exempt from Acvile Cloud’s service guarantee:

  • Scheduled interruptions
  • Failures caused by errors in third party software utilized in the Services
  • Failures in products or services which are not included in the Services
  • Failures caused by the Customer’s actions contrary to user instructions or resulting from the Customer’s operating systems or application software used within the Services
  • Violations of Acvile Cloud’s acceptable use policy
  • Failures due to hostile actions by third parties such as denial-of-service attacks
  • Interruptions resulting from law and public authority enforced activities
  • Customer does not have sufficient pre-paid balance on the Customer’s service account for the use of the Services at the time of the interruption in the Services.
  • No compensation will be payable to the Customer during a free-of-charge trial period.