Terms of service

1. Who this agreement is with

These terms form the agreement between you (the customer) and VersaVantage LLC, registered at 1309 Coffeen Avenue, STE 17547, Sheridan, WY 82801, United States, trading as WebServ ("we", "us").

They apply from the moment you place an order and for as long as you hold a service with us. By completing checkout you confirm you have read them, that you are at least eighteen years old, and that you have authority to enter this agreement on behalf of any company you name.

2. What we provide

We provide the service described on the plan you ordered, at the specification stated on the order page at the time you ordered it. The specification is the agreement. Marketing copy elsewhere on the site does not extend it.

Services are provisioned after payment clears, normally within same business day. Where an order requires manual verification, or where the requested configuration is not one we hold in stock, we tell you the expected time before taking payment.

We may change the underlying hardware, network path or software versions of a service where that is necessary for security, capacity or supportability. Where such a change materially reduces what you receive, you may cancel under clause 7 and receive a pro-rata refund of the unused term.

3. What you are responsible for

• The content, code and data you place on the service, and its legality where you are and where the server is.
• Keeping your account credentials confidential, and telling us promptly if you believe they have been compromised.
• Keeping applications you control patched. On unmanaged services this includes the operating system.
• Maintaining your own backups. Ours exist so we can restore the platform; they are a courtesy to you, not a substitute for your own copies.
• Complying with the acceptable use policy, which forms part of this agreement.

4. Managed and unmanaged services

Shared hosting is managed: we maintain the operating system, web server, mail stack and control panel. Virtual and dedicated servers are unmanaged by default: we deliver a working machine with network connectivity, and everything above the operating system is yours. We will help with unmanaged issues where we reasonably can, but we are not obliged to.

5. Fees, billing and renewal

Prices are stated in EUR and exclude any tax that applies where you are located. The price you agree at checkout is the price that renews. We do not operate introductory rates that increase at renewal.

Recurring services renew automatically on the same day of the following term until cancelled. Where you pay by card, the card is charged automatically. Where you pay by invoice, the invoice is issued at least seven days before the renewal date.

If payment fails, we notify you and allow seven days to resolve it. After seven days the service may be suspended. After thirty days it may be terminated and the data deleted. We will always attempt to contact you before deleting anything.

One-time project work (web design) is invoiced as stated on the order. Work begins once the payment or the agreed first instalment has cleared.

6. Service level

Our availability target and the credits that apply when we miss it are set out in the service level agreement, which forms part of this agreement.

7. Cancellation

You may cancel any recurring service at any time, effective at the end of the term you have already paid for. There is no minimum term, no notice period beyond the current term, and no cancellation fee. Cancel from the client portal or by writing to billing@webserv.online.

On cancellation you may request a full export of your data, which we provide in a standard format at no charge. Data is retained for thirty days after the service ends and is then permanently deleted.

We may suspend or terminate a service immediately where it breaches the acceptable use policy, where it endangers the platform or other customers, or where we are required to by law or by a competent authority. Where circumstances allow, we notify you first.

8. Refunds

Refund terms are set out in the refund policy.

9. Liability

Nothing in this agreement excludes liability that cannot lawfully be excluded, including liability for fraud or for death or personal injury caused by negligence.

Subject to that, our total liability to you in any twelve-month period is limited to the amount you paid us for the affected service in that period. We are not liable for loss of profit, loss of business, loss of data where you have not maintained your own backups, or any indirect or consequential loss.

We do not warrant that a service will be uninterrupted or error-free. Our commitment on availability is the one stated in the service level agreement, and the remedy for missing it is the credit described there.

10. Indemnity

You agree to indemnify us against claims, damages and reasonable costs arising from content you host, from your breach of this agreement, or from your infringement of another party's rights.

11. Changes to these terms

We may update these terms. Where a change materially affects your rights we give at least thirty days' notice by email to the address on your account. Continuing to use the service after that period constitutes acceptance. If you do not accept, cancel under clause 7 and we will refund the unused portion of your term.

12. Governing law

This agreement is governed by the law of the State of Wyoming, United States, and the courts of the State of Wyoming, United States have exclusive jurisdiction. If you are a consumer resident elsewhere, this does not remove any protection you have under the mandatory law of your country of residence.

13. Contact

VersaVantage LLC
1309 Coffeen Avenue, STE 17547
Sheridan, WY 82801
United States
billing@webserv.online