Preamble & Company Information
Welcome to ServerExpress! By accessing or using our services, you agree to comply with and be bound by these legally binding terms and conditions.
ServerExpress is a trading name of Miteflux Technologies Ltd, a registered company with registration number 16284524 at address 124 City Road, London, EC1V 2NX.
1. Use Of Products And Services
1.1 - Eligibility and Account Responsibility: You may use our services provided you are of legal age to form a binding contract and are not barred from receiving services under applicable laws. You must provide current and accurate identification, contact, and registration details. You are responsible for maintaining the confidentiality and accuracy of your account information and for all activities that occur under your account. You are solely responsible for all content on your dedicated server/account. You must immediately notify ServerExpress of any security breach. ServerExpress is not liable for loss or damage arising from your failure to provide accurate information or secure your account.
1.2 - Suspension and Termination: ServerExpress may cancel or suspend your access to services at any time, for any reason, without notice. Upon cancellation or suspension, your right to use the service stops immediately. You are responsible for backing up your data. ServerExpress will not be liable for data loss. If we cancel your service in its entirety without cause, we will refund to you on a pro-rata basis the amount corresponding to the remaining portion of your service.
2. Conditions Of Use
2.1 - Acceptable Use Policy (AUP): You agree that any violations listed in our separate Acceptable Use Policy are prohibited usage and may result in immediate account suspension and/or termination without compensation.
2.2 - Malicious Violations: Intentional or Malicious violations of our AUP will result in immediate termination and a ban from any further service.
3. Account Registration
3.1 - Contact Information:
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3.1.1 - Clients must provide their legitimate name and surname and residential address.
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3.1.2 - P.O. Boxes and non-residential or mail forwarding addresses are not accepted.
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3.1.3 - A valid phone number is not required for registration.
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3.1.4 - Registration and Order Placement must take place from the client's residential ISP.
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3.1.5 - Account details must match information provided by the payment method.
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3.1.6 - All modifications to an account's details require a ticket to our Billing Department.
3.2 - Restrictions:
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3.2.1 - Clients may not open multiple personal accounts under any circumstance.
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3.2.2 - Clients may not give other persons access to their accounts.
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3.2.3 - Clients may not change the name on their account to another individual.
4. Billing
4.1 - Invoicing:
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4.1.1 - Invoices for recurring services will be issued ten (10) days in advance of the due date.
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4.1.2 - Unpaid services will be suspended four (4) days past the due date.
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4.1.3 - Unpaid services will be terminated twenty (20) days past the due date.
4.2 - Account Credit:
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4.2.1 - Account credit does not expire, and cannot be transferred.
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4.2.2 - Existing account credit will automatically be applied towards further generated invoices until exhausted.
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4.2.4 - Account credit may not be withdrawn or 'cashed out' as a refund or other payment.
5. Payments & Refunds (Dedicated Servers)
5.1 - Limited Refund Eligibility: Certain payments are eligible for a refund within 3 days of the initial order payment (PayPal, Credit/Debit Cards).
5.2 - NON-REFUNDABLE PAYMENTS: Payments for dedicated server hosting services are generally non-refundable due to immediate hardware allocation and resource commitment. Furthermore, the following payment types and services are NOT ELIGIBLE FOR ANY REFUNDS:
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5.2.1 - Cryptocurrency (Bitcoin, Monero, Litecoin, DASH, DOGE) payments.
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5.2.2 - Alipay and Cash App payments.
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5.2.3 - Payments for software licenses (e.g., WHMCS).
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5.2.4 - Payments for cPanel-based hosting accounts (when canceled outside the 3-day window).
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5.2.5 - Lifetime Accounts/Services.
5.3 - Chargebacks / Disputes: Chargebacks and disputes against any payment will result in immediate suspension of all services until the dispute is removed. All services on the account may be terminated without compensation at the Billing Department's discretion in the event of a dispute or chargeback.
6. Service Processing
6.1 - Service Provisioning: Orders are provisioned during Business Hours (or within 24 hours outside of them) provided contact and payment information comply with the Terms of Service.
6.2 - Service Modification:
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6.2.1 - Modification cannot be performed on or past the service's due date; all outstanding invoices must be settled first.
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6.2.2 - Downgrades (lowering value) will automatically deposit the value difference for the remainder of the billing cycle to the client's account credit balance.
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6.2.3 - Upgrades (raising value) will be billed for the value difference until the end of the current billing cycle. The modification is applied once the invoice is settled.
6.3 - Service Transfer: An existing service may be transferred to another client only if both accounts and the service meet specific good standing criteria (active for at least three months, no outstanding invoices, no TOS/AUP violations).
6.4 - Service Cancellation:
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6.4.4 - Once cancellation is run, all related data and backups are destroyed (irreversible).
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6.4.5 - When a service is canceled before its due date, the remainder of the billing cycle is automatically deposited to the client's account credit balance. This credit refund does NOT apply to dedicated server services, cPanel-based services, lifetime email hosting accounts, software licenses, or add-on IP addresses.
6.6 - Service Termination: Upon termination, all related data and backups are destroyed (irreversible).
7. Data Processing Agreement (DPA) Conditions
This section outlines the obligations of ServerExpress (the Processor) and the Client (the Controller) regarding the processing of Personal Data stored on the dedicated servers provided.
7.1 - Status of Parties:
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7.1.1 - The Client is the Data Controller of any data stored on the dedicated server, and ServerExpress (Miteflux Technologies Ltd) acts solely as the Data Processor of that data.
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7.1.2 - ServerExpress does not access, control, or determine the purposes and means of processing the Client's data, except as necessary to provide the dedicated hosting service and maintain infrastructure stability and security, or as required by law.
7.2 - Client Obligations (Data Controller):
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7.2.1 - The Client warrants that it has all necessary rights, consents, and permissions to transfer and process Personal Data via the service in compliance with all applicable data protection laws (including GDPR).
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7.2.2 - The Client is solely responsible for the legality, content, accuracy, and quality of the Personal Data stored on the server.
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7.2.3 - The Client is responsible for implementing appropriate technical and organizational measures to ensure a level of security appropriate to the risk of the data processed, including encryption and regular backups.
7.3 - ServerExpress Obligations (Data Processor):
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7.3.1 - Processing Scope: ServerExpress will only process Personal Data on documented instructions from the Client, unless required to do so by applicable law.
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7.3.2 - Confidentiality: ServerExpress ensures that persons authorized to process the Personal Data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality.
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7.3.3 - Security: ServerExpress maintains technical and organizational measures to ensure the security of the processing infrastructure, including measures to protect against unauthorized or unlawful processing and against accidental loss, destruction, or damage.
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7.3.4 - Data Subject Rights: ServerExpress will assist the Client, insofar as possible and appropriate, in responding to requests from data subjects exercising their rights under applicable data protection law.
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7.3.5 - Breach Notification: ServerExpress will notify the Client without undue delay upon becoming aware of a Personal Data Breach on the ServerExpress infrastructure.
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7.3.6 - Audits: ServerExpress will make available to the Client all information necessary to demonstrate compliance with the obligations laid down in Article 28 of the GDPR and allow for and contribute to audits, including inspections, conducted by the Client or an auditor mandated by the Client (at the Client's sole expense and subject to ServerExpress security protocols).
7.4 - Sub-Processors: The Client generally authorizes ServerExpress to engage sub-processors (e.g., data centre operators) necessary for providing the dedicated server services. ServerExpress will ensure that any sub-processor is bound by contractual terms substantially similar to the DPA conditions set out herein.
8. Miscellaneous
8.1 - Business Hours:
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8.1.1 - Support is provided 24 hours during Weekdays (Monday through Friday). Weekend tickets (Saturday/Sunday) will typically be addressed within two hours.
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8.1.2 - Billing Department tickets will be addressed within 24 hours.
