Public offer

Services offered on this website under the XServer trademark by Kharkiv-Server LLC (hereinafter — the Contractor) are hereinafter referred to as Services.

Individuals and legal entities to whom the above Services are provided, hereinafter referred to as Customers.

This agreement (hereinafter the Agreement) is in the nature of a public offer, that is the equivalent of a General agreement and has legal force in accordance with the current legislation of Ukraine.

Services provision is carried out using the technical means of the Contractor, namely the my.xserver.cloud website, hereinafter referred to as the Personal Cabinet.

By registering in the Personal Cabinet, a Customer confirms its full familiarization and acceptance of the terms of this Agreement.

Services is a provision by Contractor a Server for use by the Customer in accordance with the tariffs applicable at the time of placing the Order.

Server is a physical or virtual server provided for use by the Customer from the moment of the Order until the end of its Validity Period.

Validity Period is the end date for the Services provision related to the Server.

Order is a payment made by the Customer to the Contractor as a prepayment for Services for a period from 1 to 12 months.

Payment is a payment for the Validity Period extension of the Server for a period from 1 day to 12 months.

Suspension is the disconnection of the Server from the Internet due to the lack of Payment during the Grace Period.

Grace Period is a period of 2 days after the end of the Server Validity Period, during which Servers are not Suspended.

Payment Deferral is an extension of Grace Period at the initiative of the Customer for up to 7 days after the end of the Server Validity Period.

Cancellation is a power outage of the Server due to the lack of Payment within 5 days after the end of the Validity Period, as well as the transfer of the Server to the Archive. Cancellation can also be carried out at the initiative of the Customer at any time starting from the 31st day from the date of Order of the Server. In case of such Cancellation, if Validity Period of the Server has not expired, funds for the unused period are credited to the Balance of the Customer in the Personal Cabinet.

Archive is a status of a Server, which means that data is stored on the Server for 7 days after its Cancellation. At the same time, Server cannot be Managed by the Customer from the Personal Cabinet. When Customer contacts the Finance Department within 7 days after Cancellation, Server may be Restored from the Archive.

Restoration is a provision to the Customer an ability to Pay for the Server, which was previously Canceled, within 3 days after the Customer contacted the Finance Department.

Management is a Customer's action carried out to the Server using the Personal Cabinet, for example, access to the virtual console, managing the status of the network connection port, power management, Payment, ordering Additional Services. The list of possible actions may vary depending on the technical capabilities of the Server and the Personal Cabinet.

Additional Services are optional services related to the Server, which the Contractor can provide to a Customer, for example, additional IP addresses, increasing the speed of the Internet connection port, electronic licenses for third-party developers' software, and more. The cost of additional services may be changed by the Contractor at any time without prior notice to the Customer. The actual cost of additional services is available in the Personal Cabinet. The Customer may order and refuse any additional services at any time during the paid period. Payment of additional services is carried out from the moment of ordering until the expiration of the Server. Unused funds are not returned on additional services cancellation.

Blocking of the Servers is a disable of the network port and restrictions in Management of the Server for the Customer. Blocking is carried out by the Contractor either on the basis of Complaints or as a result of the detection by the Contractor of prohibited actions described in clause 6 of this Agreement by using the Server.

Blocking of the Customer's account is a complete restriction of an access to the Customer in the Personal Account. It is carried out in case of significant or repeated violations of the terms of this Agreement.

Complaint is an email message received by the Complaints Department of the Contractor sent by third parties or automated systems, which contains the IP address of the Server, as well as a description of the violation with relevant evidence. Depending on the nature of the violations, based on the Complaint(s) Server and / or the Customer's account may be Blocked.

Complaints Department is the structural unit of the Contractor, which handles complaints received by abuse@xserver.ua and abuse@xserver.cloud mailboxes.

Finance Department is a structural unit of the Contractor, which deals with the financial relations between the Customer and the Contractor.

Support Department is a structural unit of the Contractor that deals with technical issues regarding the Servers of the Customer.

Refund of Funds is a refund of the full amount paid for an Order of the Server. Customer has the right to request a refund within the first 7 days of using the first ordered Server. Funds are not returned for the Order of subsequent Servers or after 7 days after payment of the Order. To initiate a Refund, a Customer must contact the Finance Department.

Balance is the amount of funds contributed by a Customer as a prepayment, which can be spent for the Payment of the Servers and Additional Services. In addition, unspent funds are credited to the balance when the Server is Canceled at the initiative of a Customer, if Validity Period of the Server isn't expired yet.

Administration is a configuration and maintenance of software on the Server, which is carried out directly by the Customer, or by other persons, based on separate agreements of the latter with the Customer. The Contractor provides automated tools in the Personal Cabinet for initial setup, in particular, installation of the operating system and optional additional software.

Based on this Agreement, a Customer instructs, and the Contractor undertakes to provide Services to a Customer.

A Customer undertakes to accept and Pay for the Services provided by the Contractor in the manner and on the terms and conditions established by this Agreement at the rates applicable at the time of payment specified in the Personal Cabinet.

During the registration process a Customer is obliged to indicate his actual data by filling in all required fields. If false information is provided, Customer account may be suspended.

Services are paid by the Customer in the Personal Cabinet using payment systems through which the Contractor accepts payments from Customers.

All services are provided on the basis of 100% prepayment. No free trial period is provided unless otherwise specified.

Payment is made on a page protected by the bank, or through other secure channels.

Upon request, the Customer can be provided with acts of completed works and a paper contract.

In case of payment by bank card, the amount will be converted into UAH (Ukrainian hryvnia).

A Server disconnects from the Internet (Suspends) after the Grace Period (2 days after the end of an expiration date) in the absence of Payment for the next period.

A Server can be Paid within 5 days after Suspension. After this period, the power of the Server is turned off (Cancellation occurs) and the Server is transferred to the Archive.

A Server is stored in the Archive for 7 days. During this period, the Server can be Restored for the subsequent Payment by the Customer contacting the Finance Department. After the above period, all the data stored on the Server is completely deleted.

In the case of Server Cancellation, Payment for which was overdue, the cost of unpaid days is deducted from the Customer's Balance (except for the Grace Period of 2 days).

The Return of Funds will be refused if the termination of Service is caused by a violation by the Customer of the rules set forth in this Agreement.

Contractor is not responsible for the content of information posted by Customer on the Internet through the Services provided by Contractor.

Contractor is not responsible for the quality of public communication channels that are not managed by Contractor and through which access to Servers is made.

The Contractor shall notify the Customer of any changes to the Service tariffs at least 30 (thirty) calendar days prior to such changes taking effect. Notifications shall be sent to the email address provided by the Customer during registration, or via any other communication method selected by the Customer in the Personal Cabinet. All official notices issued under this Agreement and delivered by the above means shall be deemed duly received by the Customer. Continued use of the Services after the effective date of tariff changes shall constitute the Customer's acceptance of the revised tariffs.

Unless otherwise specified in a separate agreement with the Customer, all servers supplied by the Contractor are provided without the Administration services.

Contractor must provide the Customer the ability to access the server via SSH with root privileges (for Linux OS) or through RDP (remote desktop) with Administrator privileges (for Windows OS). After the first successful connection of the Customer, all obligations of the Contractor for Administration of the server software are considered to be fully implemented. The Customer carries out all further Administration of the Server independently. In case the Customer did not select any OS for installation on the Server while Ordering the Server, these obligations are not applied on the Contractor.

The area of responsibility of the Contractor is limited to resolving issues with the operation of physical Servers components, the hardware and software platform, on the basis of which virtual Servers are provided, and solving network problems (not related to a software configuration on the Server) within the Datacenter.

Customer is entitled to contact the Support Service for assistance in Administration. Contractor has the right to request data for access to the Server from the Customer to provide such assistance. At the same time, Contractor is not responsible for possible risks, such as data loss or software inoperability on the Server of the Customer.

The Contractor shall endeavour to maintain network infrastructure and virtualisation platform availability at no less than 99.5% per calendar month, excluding scheduled maintenance windows and force majeure events as described in Section 10. Detailed Service Level Agreement (SLA) terms, including availability calculation methodology, exclusions, and compensation conditions, are available at xserver.cloud/sla. Upon request, the Customer may enter into a separate Service Level Agreement providing enhanced availability guarantees.

Contractor has the right to Block the Server or the Customer's account if the latter violates the following rules:

1. Debt on Payment of services for more than 2 days.

2. Spam in any form.

3. Entering the IP address of the Server in third-party black lists.

4. Participation in outgoing DoS / DDoS attacks.

5. Hosting publicly accessible proxy, VPN, and other services that may be used to facilitate illegal activities or to infringe upon the rights of third parties.

6. Spread of viruses or malicious code.

7. Phishing.

8. Deliberate actions of the Customer, which interfere with the normal functioning of other Servers and other network equipment, the work of other Customers.

9. Allocation of resources with constant high traffic consumption.

10. Intensive incoming DDoS attack on the Customer's Server, which interferes with the normal operation of the network.

11. Use of the Services provided by the Contractor for any illegal purpose.

12. Incorrect communication with employees of the Contractor, including rudeness, using profanity, threats.

13. Complaints on the content from copyright organizations.

In the case of Blocking due to violation of the above rules, payment for an unused period is not refunded. Request for a Refund will be refused.

The average daily load on allocated virtual cores (vCPU) must not exceed 60% of their nominal capacity. Short-term peaks (burst) up to 100% are allowed if they are not systematic (no more than 20 minutes per hour). The use of CPU is strictly prohibited for:

1. Mining any cryptocurrencies.

2. Participation in distributed computing projects (e.g., Folding@home, SETI@home).

3. Running game server emulators or development environments that create continuous 100% CPU load.

4. Any other software that continuously uses the CPU at 100%.

Disk space is intended for storing operating system files, applications, and data required for the project’s operation. The average daily load on the disk subsystem must not exceed 5000 IOPS. Short-term loads above 5000 IOPS are allowed if they are not systematic (no more than 10 minutes per hour). The use of the disk subsystem is prohibited for:

1. Hard drive mining (e.g., Chia and similar).

2. Using disk space as a “swap partition” in case of constant lack of RAM.

In case of consistently high load, we reserve the right to limit (throttle) the CPU clock frequency or the number of disk I/O operations for the given server, or temporarily suspend its operation until the причины are clarified.

The Agreement shall enter into force upon registration of a Customer in the Personal Cabinet.

Termination of the Agreement shall mean the termination by the Customer of the use of the Services provided by the Contractor or the failure to comply with the terms of this Agreement by any of the parties.

This Agreement is governed by and construed in accordance with the laws of Ukraine. Any dispute, controversy, or claim arising out of or in connection with this Agreement shall first be subject to good-faith negotiations between the Parties for a period of 30 (thirty) days from the date of a written claim. If the dispute cannot be resolved through negotiation, it shall be submitted to the competent court at the place of registration of the ultimate beneficial owner of the Contractor, in accordance with applicable Ukrainian law.

Personal data is collected and processed solely for the purposes specified in this section. The lawful basis for processing is: (a) performance of a contract (Article 6(1)(b) GDPR) — for providing Services and processing payments; (b) legitimate interests (Article 6(1)(f) GDPR) — for fraud prevention and network security; (c) consent (Article 6(1)(a) GDPR) — for marketing communications, which may be withdrawn at any time.

Information received by Contractor from a Customer automatically: IP address, date and time of visit, browser type, information about the operating system, information about visited pages.

Information transmitted by the Customer voluntarily: Name, surname, phone number, E-mail address, country and address of residence.

The Contractor's website uses cookies. Cookies are only placed after the Customer has given their explicit consent via the cookie consent mechanism displayed upon first visiting the website. Strictly necessary cookies required for login and session management are exempt from consent requirements. The Customer may at any time modify or withdraw cookie preferences through the cookie settings panel available on the website.

Personal data of a Customer is used by the Contractor for the following purposes:

1. providing access to the Servers ordered by the Customer;

2. providing technical support to the Customer;

3. informing about promotions and special offers;

4. making a Payment for the Services by the Customer.

Contractor does not transfer or sell personal data of a Customer to third parties or private individuals.

Contractor reserves the right to disclose the personal data of Customer for the needs of law enforcement agencies having the appropriate authority to do so under the laws of Ukraine.

By registering in the Personal Cabinet, the Customer confirms their consent to the processing of personal data strictly for the purposes listed in clause 8.5 of this Agreement, by the following methods: collection, storage, use, and deletion. The Customer may withdraw consent at any time by contacting the Contractor. Withdrawal of consent does not affect the lawfulness of processing carried out prior to such withdrawal.

Customers who are residents of the European Economic Area (EEA) have the following rights under the General Data Protection Regulation (GDPR): (a) right of access — to obtain confirmation of whether their personal data is being processed and to receive a copy thereof; (b) right to rectification — to have inaccurate personal data corrected without undue delay; (c) right to erasure ("right to be forgotten") — to request deletion of personal data where it is no longer necessary for the purposes for which it was collected; (d) right to restriction of processing — to request that processing be restricted in certain circumstances; (e) right to data portability — to receive personal data in a structured, machine-readable format; (f) right to object — to object to processing based on legitimate interests; (g) right to lodge a complaint with the relevant supervisory authority in the Customer's country of residence. To exercise any of the above rights, the Customer may contact the Contractor at: privacy@xserver.cloud.

Personal data is retained for the duration of the Agreement and for a period of 3 (three) years thereafter, unless a longer retention period is required by applicable law. Upon expiry of the retention period, data is securely deleted or anonymised.

For the first ordered Server, the Customer has the right to request a full refund within the first 7 days of use without explaining the reason for cancellation.

In all other cases, a Refund is possible after 31 days from the date of the Order of the Server. In this case, funds for the unused period are credited to the Balance of the Customer in the Personal Cabinet.

The Contractor has the right to refuse the Customer a Refund in accordance with clause 6.2 of these rules.

Funds paid for Additional Services (such as third-party software licenses, channel extension, additional IP addresses) are non-refundable.

Customers who are consumers residing in the European Economic Area have the statutory right to withdraw from this Agreement within 14 days of its conclusion without giving any reason, pursuant to Directive 2011/83/EU on Consumer Rights. However, by completing registration and placing an Order, the Customer expressly requests that the Service commences immediately and acknowledges that the right of withdrawal will be lost once the Service has been fully performed or where performance has begun with the Customer's prior express consent. Notwithstanding the above, the Contractor voluntarily provides a 7-day money-back guarantee for the first ordered Server as described in clause 9.1.

The Parties shall be released from liability for partial or complete failure to perform their obligations under this Agreement if such failure results from circumstances of force majeure that arise after the conclusion of this Agreement and that the Parties could not have foreseen or prevented by reasonable measures. Such circumstances include, but are not limited to: natural disasters, fires, floods, earthquakes, epidemics, acts of war, armed conflict, terrorist acts, strikes, and actions or inactions of governmental authorities.

With respect to Services provided on infrastructure located within Ukraine: due to the ongoing armed conflict, the Contractor cannot guarantee 100% availability, data integrity, or uninterrupted provision of Services for equipment located in Ukraine. The Contractor shall use commercially reasonable efforts to maintain infrastructure operability but shall not be liable for service interruptions caused by circumstances directly related to the armed conflict on the territory of Ukraine. Customers for whom service continuity is critical are advised to use Servers hosted in data centres outside Ukraine.

The Party affected by force majeure circumstances shall promptly notify the other Party. Performance obligations shall be suspended for the duration of the force majeure event. If such circumstances continue for more than 30 (thirty) days, either Party shall be entitled to terminate this Agreement unilaterally without any mutual claims for damages.

In accordance with Regulation (EU) 2022/2065 of the European Parliament and of the Council (Digital Services Act — DSA), the Contractor, acting as a hosting service provider, provides the following.

Illegal Content Reporting. Any person may report content or activities believed to be illegal under applicable EU or national law by contacting the Complaints Department at abuse@xserver.cloud. Reports should include: a description of the allegedly illegal content, the IP address or domain associated with the reported Server, and, where possible, the relevant legal provision alleged to be infringed.

Decision Transparency. Where the Contractor decides to restrict, suspend, or terminate Services to a Customer, or to remove or disable access to specific content, the Contractor shall inform the affected Customer of the decision, the reasons therefor, and the available means of redress, without undue delay.

Internal Complaint Mechanism. Customers may appeal any decision taken by the Contractor under clause 6 of this Agreement by submitting a written complaint to abuse@xserver.cloud within 30 (thirty) days of receiving notice of the decision. The Contractor shall review the complaint and provide a reasoned response within 14 (fourteen) business days.